The Divorce Process

Divorce is not as expensive as you might think, many people are able to agree the basis of their divorce, we offer a fixed price of £1500 (includes VAT and court fees) for amicable divorces (financial orders are charged separately) so please do not hesitate to contact us on 01653 916606.

The Divorce Process: A Step-by-Step Guide

Divorce can be a challenging time, and understanding the process is crucial to navigating it smoothly. The timeline for divorce proceedings in England and Wales, from the initial application to the Final Order (previously the Decree Absolute), typically takes at least six months. Below, we outline the key steps involved.

Step 1: Submitting a Divorce Application

You can apply for a divorce if you’ve been married for at least one year and either you or your spouse currently live, or have lived, in England or Wales during the past year.

To begin, you must submit an application through the Court’s online portal and declare that your marriage has irretrievably broken down. A Court fee of £593 applies.

  • Sole Application: If you apply alone, your spouse will receive a copy of the application and has 14 days to respond with an Acknowledgment of Service. If they fail to respond, a solicitor can help with alternative service methods.
  • Joint Application: Both parties submit a single application. One person (Applicant 1) pays the fee and completes the majority of the form. If disputes arise or delays occur, either party can switch to a sole application, but this decision is irreversible.

Step 2: Responding to a Divorce Application

If your spouse files for divorce against you, you should receive the application within 28 days of the Court issuing it.

  • Acknowledgment of Service: Respond within 14 days to confirm receipt and agreement or seek help from a solicitor if you’re unsure how to proceed.
  • In complex cases involving pensions, taxes, or other financial matters, you may need to request the Court to delay the process until these issues are resolved.

Under current divorce laws, disputing an application is rare and usually only occurs in cases of jurisdictional or validity disputes.

Step 3: Cooling-Off Period

After the application is issued, there’s a mandatory 20-week cooling-off period before you can apply for a Conditional Order. During this time:

  • Work with your spouse to negotiate financial agreements or consider mediation if an amicable agreement isn’t possible.
  • Note that financial settlements (Consent Orders) can only be approved after the Conditional Order is granted.

Step 4: Conditional Order

Once the cooling-off period ends, the Court will consider your Conditional Order application. If approved, the order will confirm your entitlement to a divorce but does not finalise it. This process is usually handled electronically, so you won’t need to attend Court in person.

Step 5: Final Order

Six weeks and one day after the Conditional Order is granted, you can apply for a Final Order, which legally ends your marriage.

  • If you’re the respondent and the applicant does not apply within 12 months, you can apply after an additional three months.
  • Keep the Final Order safe, as it is an essential legal document you may need in the future.

Need Help with Your Divorce?

Navigating the divorce process can be complex, especially when financial or legal disputes arise. Our experienced solicitors are here to guide you through every step, ensuring your rights are protected and your case is handled efficiently. Contact us today for expert advice and support.

Alternatives to Divorce

Judicial Separation is an alternative to divorce if you prefer to legally separate from your spouse without divorcing, you can apply for a Decree of Judicial Separation. This involves a Court pronounces which is virtually identical to a divorce. The different is that the court pronounce a Decree of Judicial separation rather than a divorce and therefore you and your spouse will remain married.

Contract Spectrum should you have any queries or would like to see our Family Solicitor call 01653 916 606

FAQ: What to Do After Ticking the Box for a Financial Order on Your Divorce Form

I’ve ticked the box for a financial order on my divorce application. What does that mean?

Ticking the box for a financial order on your divorce application indicates that you want the court to resolve financial matters between you and your spouse. This is an essential step to legally finalise your financial separation. However, ticking the box does not automatically initiate the process—you’ll need to take further action.

What are the next steps after ticking the financial order box?

  1. Agreeing on Financial Arrangements:
    • If you and your spouse can agree on how to divide assets, pensions, and finances, you’ll need to formalise this agreement by applying for a consent order.
    • A solicitor can help draft the consent order and submit it to the court for approval.
  2. Full Financial Disclosure:
    • Both parties must exchange details of their financial circumstances. This includes income, savings, property, debts, and pensions.
    • Full disclosure ensures the agreement is fair and avoids future disputes.
  3. Mediation (if needed):
    • If you and your spouse can’t agree, you may need to attend mediation to reach a resolution.
    • Mediators are impartial professionals who help you negotiate an agreement.
  4. Apply to the Court for a Financial Order (if no agreement):
    • If mediation fails, you can apply to the court for a financial order. This requires submitting Form A to start the process.

What documents will I need to provide?

You may need to provide:

  • A completed Form D81 (Statement of Information for a Consent Order).
  • Full details of your financial situation (bank statements, property valuations, pension details, etc.).
  • A Form A if you’re applying for the court to decide financial matters.

How long does the financial order process take?

  • Consent Orders: Once submitted, the court typically approves these within 6–8 weeks, provided the agreement is fair.
  • Court-decided Orders: If the court is involved, the process can take several months and may require multiple hearings.

Why is it important to finalise financial matters with a financial order?

Even after your divorce is finalised, financial claims between you and your ex-spouse remain open unless a financial order is made. Without one, your ex-spouse could make claims against your income, savings, or property in the future, even years later.

Do I need legal advice to proceed with a financial order?

While you can manage the process yourself, it’s highly recommended to seek legal advice. A solicitor can:

  • Help draft a fair and legally binding agreement.
  • Ensure full financial disclosure from both parties.
  • Represent you in court if needed.

Need Help After Ticking the Financial Order Box?

If you’re unsure what to do next or need assistance with financial arrangements during your divorce, our experienced solicitors are here to guide you. Contact us today to ensure your financial interests are protected.