How to Navigate the Divorce Process – A Comprehensive Guide
Posted on in Family Law
The idea of divorce can be daunting. Alongside the emotions at the end of your marriage, there are also a number of practical considerations to take care of. But understanding what lies ahead with the divorce process can help you feel more prepared and in control of the situation.
In this guide, we take you through what's involved at each stage, with information on your options and the support available, so you can make confident decisions for yourself and your family.
This covers:
- Before you start the divorce process – the emotional and practical considerations, legal requirements for divorce and when to seek advice.
- Beginning the divorce process – the three key stages and how long this takes.
- Alongside the divorce process – dealing with finances and arrangements for children.
(Please note: the information in this article covers the divorce process in England and Wales, which is different to Scotland and Northern Ireland.)
Before you start the divorce process
You may have been thinking about divorce for some time or be newly separated. Either way, before you begin formal divorce proceedings, it's a good idea to make sure you're truly ready, from both an emotional and practical perspective.
Getting support and advice
Divorce is a difficult decision for many couples. Even if you are both in agreement, beginning the official process can trigger a range of emotions, especially if you have children together.
You may find it's useful to talk to somebody about how you're feeling. Relate offers a number of support options or you can look for a counsellor in your local area.
Alongside this emotional support, an experienced family lawyer will help you explore your options and decide on the right course of action, as well as advising on any potential issues.
It's important to seek legal advice early in the process. Look for lawyers who are members of Resolution, who follow a Code of Practice to promote a constructive approach to family issues.
The practicalities
Divorce brings a number of practical considerations, such as how you'll divide your finances, what will happen to any property you own together and what arrangements you'll make for any children you share.
You don't need to have all the answers at the outset. But you can get ready to begin formal divorce proceedings:
- Find your marriage certificate
You’ll need to find this as it’s required to begin divorce proceedings. If you don’t have this, you can obtain a copy from the General Register Office (GRO). - List financial information
This should include your assets, income and expenditure. - Confirm property details
Such as how the property is owned, whether as joint tenants or tenants in common, the approximate value (which you can find out through an online search or through a local estate agent), and your mortgage arrangements.
Legal requirements
You'll also need to check that you're eligible to get a divorce. In England and Wales, the legal requirements are:
- You've been married for over a year
- Your relationship has permanently broken down
- Your marriage is legally recognised in the UK
Alternatives to divorce
If you've been married for less than a year or now is not the right time, divorce isn't your only option. You can choose separation, which lets you live apart without ending the marriage. While there’s no legal obligation to make this official, we recommend a formal written agreement covering your finances, so everything is clear.
Annulment offers another way to end your marriage. This is an option if you can show your marriage was never legally valid or if there is a valid reason to void the marriage.
Beginning the divorce process
There's a structured process for getting a divorce under No Fault Divorce Law, introduced from 6th April 2022. It's no longer possible to contest or defend a divorce unless there's a specific legal reason, with the aim of simplifying proceedings and reducing conflict.
Key steps for getting a divorce
- Filing your divorce application
You'll need to submit a divorce application (either individually or jointly) to the court to officially start the process. This can be done online and includes details about you, your spouse, and your marriage.
- Acknowledgement and the Conditional Order
Your spouse receives a copy of the divorce application and then needs to complete an Acknowledgement of Service form, confirming they will not contest the divorce. If they do want to contest this, they must have a genuine legal reason – they cannot do so simply because they don't want a divorce. There is then a 20-week reflection period before you can apply for the Conditional Order, which agrees that the divorce can go ahead.
- The Final Order
Following the granting of the Conditional Order, you must wait a further 6 weeks before you can apply for the Final Order. Once this is issued, your divorce is final. Keep a copy for future use, especially for financial or legal matters.
How long does the divorce process take?
We often get asked this but everybody's situation is different. The divorce process follows a clear framework, with time for both parties to make considered decisions. Typically, this is expected be a minimum of 6 months. However, it may take longer if there are financial aspects to finalise first.
You should seek early legal advice on the practicalities of divorce and other important considerations. Delays can occur due to disagreements about financial issues or arrangements with children. You'll need to consider these separately to the actual divorce (the legal ending of the marriage), which can impact the time it takes to finalise your divorce.
How much does divorce cost?
There’s a court fee to issue the divorce petition which is currently £612. If you are on a low income or receive certain state benefits you may be able to apply for some or all of the fee to be exempt. Tozers offer a fixed fee for divorce proceedings.
Alongside the divorce process
Financial agreements
One of the most significant practical aspects of divorce is the division of assets and ongoing financial responsibilities.
Getting divorced (i.e. obtaining your Final Order) doesn't automatically resolve financial claims. These remain open until formally dismissed by a court order, so it's important to organise this alongside your divorce proceedings.
Both sides must make full disclosure of their financial position, with details on all income, pensions and other assets such as property. Your family lawyer will guide you through this process and ensure nothing important is overlooked.
The starting point in negotiations is equality – a 50/50 split. However, a fair and reasonable settlement may depart from this, with considerations such as the length of the marriage and the parties’ needs, including those of any children.
Arrangements for children
If you have children, their wellbeing will understandably be at the forefront of your mind throughout the divorce process.
You'll need to make decisions together about where your children will live and how much time they'll spend with each parent. Ideally, this will be through discussion and agreement, putting your children's needs first. This means focusing on what arrangements best support their emotional, educational and physical needs, rather than your own preferences.
Co-parenting may feel challenging, especially in the immediate aftermath of your separation. Establishing clear lines of communication benefits everyone in the short and long term.
What if you don't agree?
If you're not able to agree on financial or children's arrangements, this doesn't necessarily mean you are looking at court proceedings.
There are several alternatives to court such as:
- Negotiation between your solicitors
- Mediation with a neutral third party
- Collaborative law where you both commit to resolving matters without going to court
- Arbitration, which is a formal process with a qualified arbitrator who makes binding decisions
Sometimes, despite everyone's best efforts, it's necessary to start court proceedings. For cases involving children, the family court's main priority will be to ensure any arrangements are in their best interests.
Moving forward – your next steps
The divorce process can be challenging for both parties, with many emotional and practical considerations. But you don't have to face this alone.
Seeking legal advice can help reduce the stress and uncertainty, so you can feel confident in the decisions you're making.
Our experienced family law team is here to help. We offer compassionate advice, tailored to your circumstances, with a focus on achieving the best possible outcome for you and your family.
Contact us for a free initial chat about your next steps.