GETTING A DIVORCE

Getting a divorce is an overwhelming and time-consuming process with a lot of legal requirements and formalities. Sunrise Solicitors can help you navigate the complex divorce process in the UK. Whether you are seeking quick divorce advice or are facing difficulty understanding the divorce application process, our solicitors will provide step-by-step guidance. Our legal team can assist you throughout the process from helping you complete your divorce application form (Form D8) to obtaining a Final Order (Decree Absolute). 

Getting professional legal guidance from an expert is important because it can help you avoid mistakes and understand the legal process of divorce. According to the Office for National Statistics (ONS), in the year 2022, the number of divorces granted in England and Wales reached a total of 80,507, highlighting an increase in the number of divorces.  

For professional legal guidance regarding getting a divorce, reach out to Sunrise Solicitors. Our team of divorce lawyers will help you throughout the process and guarantee a fair and well-considered settlement.   

Overview of Divorce in the UK  

Divorce is defined as the end of the legal/marital bond between spouses. Getting a divorce means the marriage has officially ended. This official legal dissolution of marriage provides both partners with the chance to regain their single status and get married again in the future.   

Anyone who meets the following requirements can apply for a divorce:   

• A couple who has been married for over a year   
• A couple whose relationship is permanently broken down   
• A couple whose marriage is legally recognised in the UK  

The Divorce, Dissolution and Separation Act 2020 eliminated the requirement for proving fault in divorce proceedings. It is known as the no-fault divorce. The no-fault divorce act allows couples to file for divorce by declaring their marriage has become irreparable without requiring any fault-based evidence. In simpler terms, this means that neither of the parties will prove the wrongdoing nor blame the other party, rather, they will get a divorce on the basis that their marriage is irretrievable. An irretrievable breakdown of marriage means that the relationship between the spouses has deteriorated to such an extent that it cannot be fixed, meaning that reconciliation between the spouses is unachievable.   

Key differences between the no-fault system from the old fault-based system

Below are a few key differences between the no-fault system from the old fault-based system:  

• Under this new act, couples no longer need to prove the misconduct of their partners to get a divorce.  
• The process has become simpler, without any lengthy accusations or separation periods.  
• It stops one spouse from blocking the divorce and forcefully keeping their partner in an unhappy relationship.    

No-fault divorce has simplified the process by eliminating the need to blame and prove the fault of the spouse. Couples can easily file for divorce on the legal grounds that their marriage is broken. As the process includes no “blame game,” it results in fewer conflicts between the partners, making it a less stressful process. Moreover, the no-fault makes the divorce simpler, with no lengthy legal investigations, which results in a faster resolution of the divorce.   

Step-by-step divorce process in the UK  

The following is the step-by-step guide to file for divorce in the UK. 

Step 1: Filing the Divorce Application   

There are two ways to file for a divorce in the UK, one is the online application method, and the other is by post. The divorce application form can be applied jointly or by a sole applicant. When applying online, you must submit your application on the Her Majesty’s Courts and Tribunals Service (HMCTS) portal. Whereas, if you are applying by post then you need to fill out the divorce application form (D8) to start a divorce and send a copy of this form to the HMCTS Divorce and Dissolution service.   

Are you planning to get a divorce? you will need the following documents:  

• Full name and address of you and your husband/wife  
• Your marriage certificate, it can be an original or a certified copy   
• Proof of any name change since your marriage   
• The current address of your husband/wife   

Step 2: Serving the divorce petition   

After you have applied for a joint divorce, both applicants will be given notice that their divorce application has been issued. Along with that, both will receive a stamped HMCTS copy of their application, an acknowledgment receipt and a case number. For a joint divorce, applicants need to wait 20 weeks after the issuance of the divorce application by the court.   

However, if you have applied as a sole applicant, you will only receive a notice of your application being sent out, a stamped copy of HMCTS, and a case number. The court will also send an “acknowledgment of service” notification to your husband or wife. Within 14 days, your husband or wife must respond to the notification, clarifying whether they agree or intend to dispute the divorce.   

Step 3: Responding to a Divorce Application   

After the respondent agrees to the divorce, they can continue with the application by applying for the conditional order (Decree Nisi). However, if the respondent contests the divorce, they will have to fill out an “answer form” stating a legal reason for disagreeing with the divorce.   

If the respondent refuses to cooperate, then the following steps can be taken, which can help in getting a divorce:  

• You can request a deemed service if your spouse does not return the acknowledgment of service form. You can request that the court treat the papers as served, meaning the court will assume that the spouse has received the documents.   
• The divorce papers can be sent personally to your spouse through a process server. They can provide you with a certificate as proof that the documents were handed over.   
• Lastly, if all the methods remain unsuccessful, you can request the court for dispensed service, meaning that the court allows you to proceed with the divorce even without your spouse’s response.   

Step 4: Conditional Order (Previously Decree Nisi)    

A conditional order, also known as Decree Nisi, is a legal document that indicates that the court does not see any reason why you cannot divorce. The court may take up to several weeks to process your application for Decree Nisi.   

Step 5: Final Order (Previously Decree Absolute)    

After 6 weeks and 1 day (43 days) of applying for a conditional order, you can apply for a final order. A final order is a legal document that confirms that your marriage has officially ended. The standard application fee for filing for a divorce in the UK is £612.   

Key Considerations during Divorce 

Some key points that must be kept in mind: 

Child Custody and Arrangements    

After getting a divorce, the parental responsibility does not end, both parents have the legal responsibility for their children. The court makes decisions regarding the child’s arrangements by considering various factors such as the child’s best interests, stability, and parental involvement. Moreover, after the divorce, both parents are obliged to make financial contributions for child maintenance. The calculation and enforcement of these payments is done by the Child Maintenance Service (CMS).  

The following are the rates for calculating child maintenance, which are based on the income of the paying parents.  

Financial Settlements & Division of Assets    

After getting a divorce, for financial settlement and division of assets, the court considers various assets, including property, savings, pensions and investments of both partners. This helps with the fair distribution of property and provides both parties with financial independence. The financial settlement and division of assets in the UK is done according to the Matrimonial Causes Act 1973.   

A Clean Break or Consent Order is a legally binding agreement that prevents the partners from making any future financial claims after the divorce. The experts at Sunrise Solicitors specialise in providing fair divorce settlements. Our experienced divorce solicitors are well-versed in handling complex divorce matters. Contact us today and discuss your case with our expert lawyer. 

Property and Housing after Divorce    

The following are the options regarding the future of the family home:  

• Selling the house and splitting the proceeds  
• One spouse can buy out the other   
• Ex-partners can continue to live temporarily   

After divorce, both partners have legal rights concerning property ownership based on multiple elements, including the marriage duration and financial and non-financial efforts of each spouse, as well as child requirements for asset distribution. The usual approach is to split assets equally, but courts can modify this distribution when they discover specific individual circumstances.   

Spousal Maintenance  

Spousal maintenance is provided after divorce when one partner lacks adequate resources to fulfil their essential needs, and the other partner has the means to provide financial support. The court considers various factors, including each spouse’s earning potential, current income levels, their standard of living and financial needs, and responsibilities when providing spousal maintenance.   

Alternative Dispute Resolution (ADR) Options    

The dispute between the ex-partners regarding financial or any other issue can be resolved by the following options:  

Mediation   

Couples can find solutions to their disputes through mediation outside of court proceedings. As part of the mediation process, the mediator carefully listens to both parties until they create an acceptable solution. The simple procedure enables better communication among partners while assisting them to find common ground.  

Collaborative divorce   

It is a type of private dispute resolution process where the separating couple works together with legal representatives to settle their disputes outside of court.   

Arbitration   

Arbitration provides private, legally binding decision-making outside of court for both the separating partners. The partners discuss their issues and conflicts with a mutually chosen third-party person, known as an arbitrator, who helps resolve the issue efficiently and effectively.   

DIY Divorce vs. Hiring a Solicitor    

DIY divorce refers to ending a marital relationship without any legal assistance. It is suitable when there are no disputes between the divorcing partners, and they have reached a mutual agreement regarding asset divisions, financial settlements, child arrangements and any other issues.  

It is a complex legal process; handling matters alone without any legal assistance can lead to procedural errors and misinterpretation of legal requirements and can result in financial loss. Therefore, it is advisable to seek help from experienced divorce solicitors when getting a divorce. Hiring a solicitor is better than DIY divorce because they have expertise in complex financial matters, child custody, and legal documentation and can help avoid delays and costly mistakes. Moreover, they can help with representation in court if needed.   

The UK divorce experts at Sunrise Solicitors provide expert guidance through their fixed-fee services with clear pricing that enables them to assist clients in this process within the UK. The numerous success stories and positive testimonials from our clients demonstrate our dedication to achieving favourable results for each client.  

Common Challenges in Divorce & How to Overcome Them    

The following are the common challenges faced and ways to overcome them:   

Emotional Stress 

Divorce can be a very emotional and overwhelming process, which can cause stress. To overcome stress, you can seek support by connecting with your family and friends or seeking professional help from a therapist. Moreover, you can set certain boundaries and prioritise self-care to get out of this emotional stress.   

Disputes over assets and custody 

Disputes over asset distribution and custody can be common during this process. To overcome this challenge, one can opt for mediation, i.e., resolution by including a third party or court resolution, i.e., resolving the dispute by following the judgments made by the court.   

Legal Complexities 

During this process, it is common to face some legal complexities, especially in matters of child custody, financial settlements and assets division. This issue can be resolved by getting expert legal help from divorce lawyers.   

What to Do If Your Spouse Refuses to Cooperate 

If your spouse refuses to cooperate, you can look for expert divorce solicitors who can help you in the process, or you can request for a default judgment from the court, which means the court will proceed with the divorce without the input of the uncooperative spouse.  

FAQs on Getting a Divorce in the UK   

Related FAQs 

Can I get divorced if my spouse doesn’t agree?

Yes, you can file for a no-fault divorce.   

How long does a divorce take in the UK?

The process takes a minimum of 6 months to complete in the UK.  

What happens if my spouse refuses to respond?

You can apply for a conditional order after a mandatory 20-week reflection period.   

Do I need to go to court for a divorce?   

Not necessarily, with mutual agreement with your partner, you can choose to have a DIY divorce as well.   

Can I remarry immediately after the divorce?   

You can remarry once your divorce is finalised and the court issues the final order.   

How much does divorce cost in the UK?

The court fee for a divorce in the UK is £612.   

Can financial settlements be arranged after the divorce is finalised?   

To avoid complications and costs, it is best practice to apply for financial settlement before finalising the divorce.  

Can I apply for a divorce if my spouse is abroad?

Yes, you can apply for divorce in the UK even if your spouse is living abroad, if you meet the residency requirements, and your marriage is legally recognised in the UK.   

Contact Sunrise Solicitors    

For free initial consultations along with service inquiries, you can contact our team through the following methods.  

Phone: +44 20 8543 0999

Email: enquiries@sunrisesolicitors.co.uk    

Office Location: 228 Merton High Street, South Wimbledon, London SW19 1AU