Since the introduction of ‘no-fault divorce’ in 2022, the process in England and Wales has become more straightforward and less adversarial. Here, we outline how to get a divorce under the latest UK law, what you need to qualify, the steps involved in the process, and what to expect when it comes to timeframes and costs.
Key Takeaways
- You can only get a divorce if your marriage has broken down permanently.
- You must have been married for at least a year, and one of you must habitually reside or be domiciled in England or Wales.
- The process takes a minimum of six months due to built-in waiting periods.
- Divorce is now simpler and less confrontational thanks to the no-fault system.
‘No Fault’ Divorce: Grounds for Divorce
Under the latest legislation, there is now only one ground for divorce, which is that the marriage has irretrievably broken down.
What does this mean in practice? When looking into how to get a divorce in the UK, you no longer need to rely on proving fault in either party, be that unreasonable behaviour, adultery, or separation for a number of years.
Instead, you can get a divorce by submitting a statement claiming that the marriage has broken down permanently, which the court will view as conclusive, without the need for evidence that either spouse has committed wrongdoing.
This change to how to get a divorce in UK law was made in the hopes of reducing conflict between separating couples, as well as simplifying the process.
Eligibility Divorce Requirements (UK)
To be eligible to divorce in the UK, you need to meet certain criteria, including:
Length of marriage: To be able to divorce your spouse, you must have been married for at least one year. If your relationship breaks down within the first 12 months of marriage, you would have to wait the full year, as the law doesn’t allow for divorce applications so early on.
Marriage validity: In order to get divorced in the UK, your marriage must be legally recognised in England or Wales. If you were married outside of the country’s jurisdiction, you’ll need to provide a marriage certificate, along with an official translation where necessary.
Domicile: While you don’t need to live in Wales or England permanently to get divorced here, you must meet at least one of the legal jurisdiction criteria. This includes either you, your spouse, or both of you being habitually resident in the UK, or being domiciled in the country.
The same divorce requirements apply to same-sex marriages. Civil partnerships can also be similarly ended through no-fault dissolution.
No Fault Divorce Application Process
Here’s a general outline of what to expect during the no fault divorce process in the UK:
Decide How to Apply for Divorce
The initial consideration when it comes to how to get a divorce is whether to apply jointly, or on your own. While sole applications are also quite common, joint applications normally tend to go more smoothly, as both spouses work together on every step of the no fault divorce process.
File a No Fault Divorce Application
The divorce application can be made solely by one party or jointly by both parties online via the HMCTS portal or by post using Form D8. To apply, you will require:
- A copy of your marriage certificate
- Full names and addresses of both parties
- A statement confirming the irretrievable breakdown
Respond to a No Fault Divorce Application
Where the divorce application is made by one party, the other party must provide an acknowledgement of service within 14 days of the court issuing the application. Under the new law, this is done mostly for the sake of transparency, since disagreeing with the divorce is not a valid reason to contest it.
If the other party does dispute the divorce, this does not stop the no fault divorce process, but it will mean that they must provide a valid reason, and will need to go to court to explain why they disagree. The only acceptable reasons are:
- The marriage or civil partnership was never valid.
- The marriage has already ended through divorce dissolution.
- The court does not have the legal jurisdiction to consider the divorce.
Utilise the Reflection Period
After the no fault divorce application is officially issued, the process moves on to a compulsory 20-week waiting period. The aim is to give spouses room for reflection, as well as time to make practical arrangements for their finances and childcare.
Apply for a Conditional Order
20 weeks after the divorce application was issued, the applicant can apply for the Conditional Order (known under the old divorce laws as ‘decree nisi’).
A Conditional Order is a document that confirms that the court does not see any reason why you cannot get divorced.
Apply for a Final Order
Once six weeks (and one day) have passed from the day the Conditional Order was made, you can apply for the final divorce order (referred to as decree absolute in the past). This brings the marriage to an end, and the parties are formally divorced.
Importantly, the final order in the divorce should not be made until an agreement has been reached about financial matters, and such an agreement has been made into a Consent Order. Parties often remain married for a duration exceeding the standard divorce timeline while such arrangements are finalised.
How Long Does It Take to Get a Divorce?
The no fault divorce process was in part introduced to make applications simpler and speed things up. However, the mandatory reflection period should still be observed. With that in mind, the divorce process takes at least six months (26 weeks) following initial application. This is to account for the 20-week reflection period and the six weeks between orders.
That said, the process can be prolonged by complications to the case, whether that’s slow response to paperwork, jurisdiction issues, or disagreements over financial and childcare arrangements.
How Much Does It Cost to Get a Divorce?
The main cost of divorce in the UK comes from court fees, paid upon the submission of your no fault divorce application. However, you should also consider the additional costs of legal advice, particularly if you’re dealing with child arrangements or negotiating a financial settlement.
How much a solicitor firm charges for divorce services will depend on the complexity of your case, and the legal team’s level of involvement at each step of the no fault divorce process.
If you need to have documents translated or paperwork certified, this might also incur additional expenses, as would separate applications for agreements such as a Consent Order.
How to Get a Divorce, With Our Help
While the no fault divorce process is designed to be amicable and less complicated, legal representation remains crucial. Our team of family law solicitors can help navigate the complexities of the divorce process and provide support for you during this difficult time.
Get in touch today with any questions about how to get a divorce in the UK, or to discuss your individual case.
