Step 1: Apply online
Whilst you may wish to instruct a professional, you do not need a solicitor to prepare the divorce petition, you can do this yourself. Whilst I do often prepare divorce applications, particularly in cases I am advising on the children and finances, the divorce application itself is relatively straightforward and most people will find they are able to complete it themselves.
You can access the divorce application portal here:
https://www.gov.uk/divorce/file-for-divorce
Please ensure you use the gov.uk website and not any other. There are many “divorce provider” websites who will charge you a fee for submitting the application on your behalf.
The court fee for applying for a divorce is currently £593. If a website asks you for further funds you are likely in the wrong place.
You can make a paper application, however I strongly recommend you apply online, it is quicker and you are less likely to make a mistake on that form.
In terms of making the application, one party will take the lead as Applicant 1, they will start the application. Applicant 2 will then fill in their information and finally Applicant 1 will then submit the application to the court.
Applicant 1 will be responsible for paying the court fee, the system does not make it possible for it to be split between the parties, therefore if you want to share the costs you will need to do this separately.
Step 2: The court starts the divorce process
After your application has been submitted, it takes 2 weeks before the process officially begins, this will trigger the 20 week reflection period.
The reflection period is in place firstly to allow the couple to change their minds about the divorce and secondly to make arrangements for their children and finances.
Step 3: You jointly apply for the conditional order
After the 20 week reflection period, you can jointly apply for the conditional order. (Previously known as the Decree Nisi).
Step 4: The court reviews your application for a conditional order
When your application for the conditional order is received by the court, a legal advisor will review your application. If they approve your divorce, they will issue you with a Certificate of Entitlement to confirm the date of your conditional order. This step takes one to two weeks.
Step 5: The court grants the conditional order
The date of the conditional order will be around 4 to 5 weeks from the certificate of entitlement.
Once the court grants the conditional order, the second compulsory waiting period begins, this time for 6 weeks. This stage is significant as it is only when the conditional order has been granted that you are permitted to submit any financial orders such as a consent order or clean break order in relation to any financial agreements you have made.
Step 6: You jointly apply for the final order
After a minimum of 6 weeks have passed you can apply jointly for the final order (previously known as the Decree Absolute) to finalise your divorce.
Step 7: The court grants the final order
The court will issue the final order a few days after your application. A copy will be sent to both of you and this final order means you are officially divorced. You will need to keep this order safe, as you will need it in the future as proof of your divorce.
Choosing the right solicitor for your matter is crucial and we therefore offer a free initial consultation so that you can find out more about our services and decide whether we are the right fit for you.