If you are experiencing domestic abuse, you can take urgent legal steps to protect yourself:
- Apply for a non-molestation order to prevent your spouse from harassing or contacting you.
- Seek an occupation order if you need to remove your spouse from your home.
- Contact the police or a solicitor for immediate legal protection.
Help is available from domestic abuse charities, legal aid services, and family law specialists.
How do you get divorced?
The divorce process in England and Wales follows these steps:
- Apply for a divorce – Submit an application online or through a solicitor.
- Court processes the application – Your spouse is informed.
- Waiting period begins – A 20-week cooling-off period allows for reconsideration.
- Conditional order granted – The court confirms the marriage can legally end.
- Final order issued – The divorce is legally finalised.
What are the grounds for divorce?
The UK now has no-fault divorce, meaning you do not need to prove wrongdoing. You simply state that the marriage has irretrievably broken down.
What is a divorce application?
A divorce application is a legal document submitted to the court to start divorce proceedings. It can be filed by one spouse (sole application) or both together (joint application).
What if my spouse refuses to accept the divorce?
Your spouse cannot stop a divorce under the new no-fault system. If they refuse to respond, the court may still proceed with the case.
What happens if my spouse refuses to acknowledge the divorce application?
If your spouse ignores the divorce papers, you may need to:
- Prove they received the application (using a court-approved method).
- Request a court order to move the process forward.
What is a conditional order?
A conditional order (previously called a decree nisi) is the first legal confirmation that a divorce can proceed. It is granted by the court after reviewing the application.
What is a final order?
A final order (formerly decree absolute) is the legal document that ends the marriage. Once granted, both parties are legally single.
How long does a divorce take?
A straightforward divorce takes around 6-8 months. Delays may occur due to:
- Disputes over finances or child arrangements.
- Court backlogs.
- One party refusing to cooperate.
How much does a divorce cost?
The standard court fee for a divorce application is £593. Additional costs may include:
- Solicitor fees (if using legal representation).
- Mediation or dispute resolution costs.
- Financial settlement agreements.
How can I make the divorce process cost as little as possible?
To reduce costs:
- Consider a fixed fee divorce service for predictable pricing.
- Use mediation to avoid court disputes.
- Opt for an amicable, uncontested divorce where possible.
Can I get Legal Aid?
Legal Aid is available in cases involving domestic abuse or financial hardship. Eligibility depends on income and the circumstances of the case.
Who pays the legal fees in divorce?
Each party usually pays their own legal fees. However, in some cases, one spouse may be ordered to contribute to the other’s costs.
Do I need a solicitor?
While not required, a solicitor can ensure the best outcome. Professional legal advice:
- Prevents costly mistakes.
- Ensures fair financial and child custody agreements.
- Speeds up the process by avoiding errors.
Can I use the same solicitor as my spouse?
No, one solicitor cannot represent both parties due to conflicts of interest. Each spouse should seek independent legal advice.
Will involving divorce specialists make things more hostile?
No, a good divorce solicitor focuses on resolution, not conflict. Legal support helps prevent unnecessary disputes.
Will I have to go to court?
Most divorces do not require a court appearance. You may need to attend court if there are disputes over finances or child arrangements.
Can I change my name and my children's names after divorce?
You can change your surname after divorce using your decree absolute (final order). Changing a child’s name requires:
- Consent from the other parent, or
- A court order if consent is refused.
What if my spouse lacks mental capacity?
If your spouse cannot make legal decisions, you may need a litigation friend or a court order to proceed with the divorce.
Are there any alternatives to divorce?
Alternatives include:
- Mediation – A neutral party helps resolve issues.
- Legal separation – You remain married but live apart.
- Annulment – Ends the marriage if it was never legally valid.
What is a collaborative divorce?
A collaborative divorce is where both spouses and their solicitors work together to resolve issues without going to court.
What is mediation?
Mediation is a structured process where a neutral mediator helps spouses negotiate issues such as finances and child custody. It is faster and cheaper than court proceedings.
What is arbitration?
Arbitration is a form of private dispute resolution where a qualified arbitrator makes legally binding decisions. It is an alternative to court-based divorce settlements.