Procedure for Divorce
You can apply for divorce either on your own or jointly with your partner
Apply for a divorce on your own
You can make a sole application and understand the procedure for divorce if either of the following apply:
- your husband or wife does not agree you should get a divorce
- you do not think your husband or wife will cooperate or respond to notifications from the court
You will need to confirm you want to continue with the divorce application at each stage of the process.
Making a joint application with your husband
You can make a joint application if both of the following apply:
- you both agree that you should get a divorce
- you’re not at risk of domestic abuse
You will need to decide if you want to apply online or by post. Your husband or wife needs to use the same application method.
You’ll both have to separately confirm that you want to continue with the divorce application at each stage of the process.
If your husband or wife stops responding, you’ll be able to continue with the divorce application as a sole applicant.
Steps for Divorce proceedings
Step 1: Divorce Petition
- The process initiates with the applicant or their appointed lawyers filing the divorce application with the court.
- The court assigns a case number and acknowledges receipt of the divorce application.
- The respondent (spouse) receives the divorce application and an ‘acknowledgment of service’ form.
Step 2: Response to Divorce Petition
- The respondent must respond within 14 days by completing the ‘acknowledgement of service’ form.
- Indicates whether to agree or contest the divorce.
Step 3: Applying for Conditional Order or Decree Nisi
- The applicant can proceed to apply for a Conditional Order after the mandatory 20-week waiting period, provided the relevant procedural requirements have been met.
- The applicant must confirm that the marriage has broken down irretrievably, without providing evidence of adultery or unreasonable behaviour.
- If the divorce is disputed on valid legal grounds, a court hearing may be necessary, and a judge will decide whether the divorce application can proceed.
Step 4: Order from the Divorce Court
- After the Conditional Order is granted, the applicant receives an order from the divorce court.
- Conditional Order confirms entitlement to divorce, but legal divorce is pending Final Order.
Step 5: Applying for Final Order or Decree Absolute
- After 6 weeks and 1 day from the Conditional Order, the applicant can apply for a Final Order.
- It’s advised to resolve financial issues before applying.
- Once granted, the Final Order officially marks the divorce, and the parties are no longer married.
As specialist divorce lawyers in London, we can help you get a divorce on a fixed fee basis. Our highly experienced divorce solicitors will:
- assess your personal circumstances and check if you can get a divorce.
- advise you on steps you have to take before you file for a divorce and guide you on how to apply for divorce.
As one of the best divorce lawyers in London, our divorce solicitors have a wealth of knowledge and extensive experience in dealing with divorce matters.
