Divorce is a major life event and understanding the process is essential.
In the UK, the divorce process changed in April 2022 with the introduction of no-fault divorce. Government statistics indicate between July to September 2024 there were 27,003 divorce applications that were made under the no fault divorce.
If you are considering divorce, here’s a step-by-step guide to help you understand what to expect.
6 Steps to getting a divorce
1) Check if you are eligible for a divorce
Before applying for a divorce, you must meet the following criteria:
- You have been married for at least 1 year
- Your marriage is legally recognised in the UK
- The marriage has irretrievably broken down (no need to prove fault)
2) Submit a divorce application
You can apply online or via a paper form to the court. You’ll need:
- Your marriage certificate
- £612 court fee (you may be able to get help with your fees)
You can file as:
- A sole application
- A joint application (both agree and apply together)
3) The 20-weeks reflection period
Once the application is approved, there is a mandatory 20-week waiting period before you can proceed. This is designed to give the couple time to reflect and even reconcile, and to consider financial matters or arrangements for children.
4) Applying for a conditional order
After 20 weeks, you can apply for a conditional order (previously called a decree nisi). The court confirms that the correct procedure has been followed and that the divorce can proceed. This is done without a hearing.
5) Financial & child arrangements (if applicable)
Before finalising the divorce, it’s important to sort out financial matters:
- A financial settlement (consent order) legally finalises how assets, pensions and debts will be divided. If you have not agreed, you will need to consider all forms of non-court dispute resolution and/or apply to the court. Divorce settlements impact your long-term financial security, and the risk of informal agreements can give rise to claims or financial instability.
The first step in any financial arrangement is to ensure both parties provide a full and honest disclosure of their financial circumstances. This can include assets, liabilities, income, pension, savings and other relevant assets. It is important to be aware that financial disclosure will form part of the basis of any agreement made or decision by the court. Without receiving financial disclosure, you may risk missing out on assets or support you’re entitled to or even agreeing to an unfair arrangement.
Financial settlements can include:
- Division of property: decide who keeps the family home or when the property will be sold
- Pension sharing: pensions can be split between the parties
- Spousal maintenance: if there is a significant difference in the income, one spouse may be required to support the other financially
- Deferred payments: a party agrees to pay a financial sum at a later date.
Agreeing on child arrangements: if you have children, you should agree on child support and arrangements. If you can’t agree, the court will need to step in. You should consider all forms of non-court dispute resolution and/or applying to the court. Child support is dealt with through the child maintenance service.
6) Applying for the final order
After waiting six weeks and one day from the conditional order, you can apply for a final order (previously called a Decree Absolute). Once granted, your marriage is officially dissolved.
Common questions about divorce
Q: How long does a divorce take?
A: A straightforward divorce can take approximately six to eight months. The timeline can be extended when there are disputes over finances.
Q: Can I get divorced in the UK if I married abroad?
A: To get divorced in the UK at least one of the spouses must meet one of the following conditions:
- Be domiciled in the UK (consider the UK their permanent home)
- Be habitually resident in the UK (live in the UK regularly)
- Have lived in the UK for at least one year before starting divorce proceedings.
Do you need a lawyer?
It is possible to deal with a divorce yourself and complete the process without legal advice. However, it is highly recommended, especially with financial and child arrangements that you receive proper legal advice.
Our Surrey Family Law lawyers can:
- Provide expert legal guidance: with the divorce application process or disputes over financial/child arrangements
- Help avoid costly mistakes: where documentation is completed accurately, ensuring there are no delays due to mistakes
- Reduce stress and conflict: by acting as the main person between the parties
- Make agreements legally binding: by ensuring all agreements are documented correctly.
Please feel free to contact our recognised Legal 500 Family lawyers at Howell Jones Surrey solicitors to receive expert legal advice from our team.
