An Overview of Divorce
Written by Becky Turnock | Family Team | 07 May 2024
Divorce is a concept almost everyone is familiar with but we are commonly asked ‘what is divorce’ and ‘how do I get divorced?’.
What is divorce?
Simply put, divorce is the process of legally ending a marriage. It is a two-stage process: the Conditional Order stage and the Final Order stage. These stages have replaced the previous Decree Nisi and Decree Absolute stages. At the Conditional Order stage, you remain legally married. Once you have the Final Order, your divorce is complete and your marriage is legally ended.
How do I get divorced?
To get divorced, you must have been married for at least a year. Previously, the Court had to be satisfied that the marriage had irretrievably broken down by the reliance on one of the five facts:
Desertion
2 years’ separation with consent
5 years’ separation
Adultery
Unreasonable behaviour
In April 2023, the law changed to a ‘no fault’ system, meaning that reliance on one of the five facts is no longer necessary. Under the new system, you can either make a sole application or a joint application. The application is made online via the Government website and there is a Court fee of £593. If you are on a low income or state benefits, you may be entitled to a reduction or full remission by completing the EX160 form (Help with Fees form).
What is the process?
The divorce application is made online. Once you have applied, your application goes into a 20-week holding period before you can apply for the first stage of the divorce, the Conditional Order. Once you have the Conditional Order, you must wait 6 weeks before you can apply for the Final Order. There is no way to speed up this process unless you have exceptional circumstances, such as terminal illness. In these circumstances, it may be possible to expedite your application.
Under normal circumstances, the full 26-week period will apply, so be wary of companies offering ‘quick’ divorces – this usually just means they can complete your application quickly, they cannot speed up the process itself!
Do I need a solicitor?
You do not need to use a solicitor to apply for a divorce. The divorce application is easily accessible on the Government website and it is very user-friendly. You will need a copy of your marriage certificate!
Is there anything else I should consider?
Legally ending your marriage does not legally sever your financial ties. It is usually advisable to resolve your finances before applying for the Final Order, particularly if there are pensions to consider. The 20-week holding period is a good time to start negotiating a settlement.
Finances can be resolved between the parties; through mediation; or through solicitors. The agreement is then put into a Consent Order, which is sent to the Court for approval. If agreement cannot be reached, an application to the Court may be necessary for a financial remedy.
For more information about navigating a divorce, you can read additional blogs here.
If you find yourself in need of family law advice or divorce solicitors, our Family law team is here to help you. Please contact our team by calling 01752 827030 or emailing family@nash.co.uk.
