Divorce and Dissolution of Civil Partnerships

Here is some basic information which we hope you will find helpful.

The process for obtaining a divorce changed significantly in 2022. Gone are the old familiar “petitions” and “decrees”, replaced by the more mundane “applications” and “orders”.

The most noticeable new feature is the “no fault” aspect. That means that it is no longer necessary to prove things like adultery or bad behaviour. Even separation is not essential.

All that is required is that one party to the marriage wants a divorce to happen. Once the application is then made, the other spouse has no entitlement or opportunity to defend or resit the granting of the divorce, save in the most unusual circumstances relating to questions of whether the English courts have jurisdiction or whether there was a valid marriage in the first place.

The application is by way of a straightforward online form. In fact, it is so easy that solicitors rarely play any part in the divorce itself these days, becoming involved only in relation to the financial or child related aspects of the process.

After the issue of the divorce application, it is 20 weeks before you can apply for the first stage order – the Conditional Order – and a further 6 weeks after that before the Final Order becomes available.

Essentially, if you are contemplating the need for a divorce, contact us. We will explain how you can issue the divorce application and, at the same time, we will provide you with advice and guidance on the more complex aspects concerning the financial and property settlement and child arrangements. The 26 week period mentioned above is the opportunity to resolve those matters.