Divorce/Dissolution of Civil Partnership

Legal definition of divorce

A divorce is the legal dissolution of a marriage by the judgment of a court. You can apply for a divorce in England or Wales if you’ve been married at least a year and your relationship has irretrievably broken down, as long as your marriage is legally recognised in the UK and you have a permanent home in England or Wales.

The process

1. File an application for a divorce (formerly called a petition)
   Either or both of you (jointly) must apply to the court for a divorce, confirming that marriage has irretrievably broken down
2. Conditional order of divorce (formerly a decree nisi)
   As long as the application has been properly served either the applicant, or one of you if the original application was joint, can apply for a conditional order of divorce once 20 weeks have passed since the original application.
3. Final order of divorce (formerly a decree absolute)
   After a conditional order is granted you have to wait six weeks before you can apply for a final order. The final order is binding and officially ends your marriage.

If a respondent to a divorce, or one of joint applicants, wants to delay the other party from applying for a final order then they may be able to make a request to the court to achieve this until financial issues have been sorted out.

Responding to an application for a divorce

If your husband or wife has applied for a divorce, you will receive an application for a divorce from the court along with a notice of proceedings form and an acknowledgement of service form.

If you applied jointly then you will both be given notice of the proceedings, which you will need to acknowledge.

Our divorce lawyers can advise you on your full range of options and offer you strategic advice on what to do next.

Civil partnership dissolution

The process and legal requirements for the dissolution of a civil partnership are exactly the same as for a divorce. A civil partnership must have existed for at least a year.  The party who initiates the dissolution (and it could be both) must declare that the civil partnership has irretrievably broken down, and financial settlements for the dissolution of civil partnerships are determined in the same way as they are in divorce proceedings.

Legal Separation

If you need time and space to decide if you want to end your marriage or if you’ve been married less than a year or if your religious beliefs mean you don’t want to divorce, a legal separation may be the best option for you.

A legal separation (sometimes called a judicial separation) can be a way of recognising your separation without divorcing or ending your civil partnership. To get a legal separation you will need to complete a separation application and send it to the court. However, unlike a divorce, you do not need to show that your marriage has broken down irretrievably.

A legal separation does not end the marriage or civil partnership, so neither you nor your spouse will be able to remarry or enter another civil partnership.

Cost options

Everyone’s situation is different and the costs involved will depend on your particular circumstances.  Our policy is to discuss the various options and likely costs with our clients at the outset. If you do instruct us, we will endeavour to keep the costs of your matter as transparent as possible and to keep you informed of any likely changes to our original estimate, which means you remain in control of the process throughout. Find out more about costs and our first Fixed Fee 30 Minute Consultation.

Alternatives

Our policy is to explore all possible avenues when dealing with divorce and relationship breakdown. Dispute resolution (DR) is an amicable alternative that can replace expensive, often hostile court proceedings with open and honest discussion, negotiation and agreement.

Family Law Video Explainers

We have put together a series of short videos covering some of the frequently asked questions that arise and also where the law stands on some of these issues. Click here to view.