How can I apply for a divorce?

Divorce law in the UK is based on a no-fault basis. Below is an overview of the divorce process. 

Divorce

This means that a spouse can apply for a divorce by simply making a divorce application and stating that the marriage has irretrievably broken down. There is no need to prove fault or wrongdoing by either party. The no-fault divorce aims to reduce any conflict between spouses. 

Divorce Process

The divorce application is made by the Applicant. The court serves the divorce application on the other spouse (the respondent), who should acknowledge receipt.

Reflection Period

There is a mandatory 20-week reflection period from the start of the divorce process to allow time for reconciliation or to make arrangements for children, finances, and property.

Conditional Order

After the reflection period, the applicant can apply for a Conditional Order (formerly known as Decree Nisi). This is a provisional order indicating that the court does not see any reason why the divorce cannot be granted. The applicant can apply for the conditional order even if the respondent has not formally acknowledged the divorce. 

Final Order

Six weeks after the Conditional Order has been granted, the applicant can apply for a Final Order (formerly known as Decree Absolute), which legally brings the marriage to an end. 

This blog is for information purposes only and does not constitute advice and please call us for assistance.