How to Apply for a Divorce in the UK

Applying for a divorce in the UK involves several steps and requires specific documentation. This article provides a comprehensive guide on how to navigate the divorce application process, ensuring you are well-prepared and informed. 

Whilst this can be done without the support of lawyers, it is vital the document is completed correctly. Our law firm is here to assist you every step of the way, offering expert guidance and support.

Eligibility to Apply for a Divorce

Before applying for a divorce, it is essential to confirm that you meet the eligibility criteria. You must have been married for at least one year and your marriage must be legally recognised in England and Wales. Additionally, you must confirm that the marriage has irretrievably broken down and resuming / continuing the marriage is not an option.

Required Documentation

To apply for a divorce, you will need the following information / documents:

1. Full Names and Addresses: You must provide both your full name and address, as well as your spouse's.
2. Marriage Certificate: An original or certified copy of your marriage certificate is required. If the certificate is not in English, a certified translation must be provided. 
3. Proof of Name Change: If you have changed your name since marriage, you must provide proof, such as a marriage certificate or change of name document. 

Online Application

You can apply for a divorce online using a debit or credit card. The fee for applying for a divorce is £612. If you are on a low income or receive benefits, you may qualify for help with the fees. You can apply for this assistance online or with a paper form. If applying jointly, both parties must apply for fee assistance.

Applying for a Conditional Order 

Once your divorce application is issued, you must wait 20 weeks before applying for a conditional order.  This document indicates that the court sees no reason why you cannot divorce. If you applied for a divorce online, you will be guided on how to apply for a conditional order online. Alternatively, you can apply by post using the appropriate form. The court will review your application, and if approved, you will receive a certificate indicating the time and date when the conditional order will be granted. 

Finalising the Divorce

After the conditional order is granted, you must wait at least 6 weeks and 1 day before applying to finalise the divorce with a final order. This application can be made as a sole applicant, even if the divorce process was initiated jointly. If you apply for the final order after 12 months have passed since the date of the conditional order, for example because you are dealing with the financial elements of the divorce, you will need to explain the delay to the court.

The entire divorce process takes at least 26 weeks from beginning to end. During this time it is important to sever the financial ties between the parties – more information regarding this, and how our team can assist you, can be found here.

How Our Law Firm Can Assist

Navigating the divorce process can be complex and emotionally challenging. Our law firm offers comprehensive support to ensure your application is handled efficiently and effectively. We provide:

• Expert Legal Advice: Our experienced family lawyers will guide you through each step of the process, ensuring you understand your rights and obligations.
• Document Preparation: We assist in gathering and preparing all necessary documentation, ensuring accuracy and compliance with legal requirements.
• Application Submission: We manage the submission process, reducing the risk of errors or delays.

For further assistance or to schedule a free initial consultation, please contact our office. 

Jamie Beland & Stephanie Glover