Tag: nofaultdivorce

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Can I get divorced without my marriage certificate?

To get a divorce in England and Wales, you must provide the court with a copy of your original marriage certificate.

If you have lost it, or your ex-partner won’t give it to you this can be a problem to getting the divorce process started. If you haven’t got your original marriage certificate, you will need to get a certified copy marriage certificate..

This is relatively straight forward, you can do this by applying to the General Register Office.

Details on how to apply can be found here:

https://www.gov.uk/order-copy-birth-death-marriage-certificate

There is a fee of £14 for the service and you can pay extra for a next day option.

If you were married outside of England and Wales, you will need to contact the relevant authorities in that country to obtain a copy of your marriage certificate. The country’s embassy is a good place to start, they should be able to direct you to the right agency.

If your marriage certificate is not in English, you will need to provide the court with a certified English translation when making the divorce application.

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. 

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Can I have a no-fault divorce?

Yes – Divorce law in England and Wales was radically transformed in April 2022 bringing in a new system where no blame is assigned to either party, hence the name “no-fault divorce”.

You can get divorced in England and Wales if all of the following are true:

  • You’ve been married or in a civil partnership for more than one year
  • Your relationship has permanently broken down
  • Your marriage or civil partnership is recognised legally in the UK (including same-sex marriage)
  • England or Wales is the permanent home for at least one of you.

What grounds are needed for a no-fault divorce?

The new no-fault divorce removes the need to provide evidence of conduct or separation, this is replaced with a simple requirement to give a statement of irretrievable breakdown of the marriage or civil partnership.

My ex-partner cheated on me can I divorce them for their adultery?

No, the no-fault divorce system no longer allows adultery to be used as the reason for the divorce. Similarly you can no longer use your ex-partner’s bad behaviour as the reason for the divorce. Extreme behaviour may however be relevant if there are separate court proceedings in relation to children or finances.

How long will a joint application for divorce take?

A joint application will take a minimum of 7 months. This includes a compulsory 20 week “reflection period” between the start of the proceedings and when you can apply for the conditional order. There is another 6 week waiting period between the conditional order and when you can apply for the final order.

I have set out the detailed proceed for applying for a divorce in a separate blog.

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. 

Contact Us