Divorce FAQs

How do I get divorced?

On the 6^th of April 2022 the law changed with the aim of making the divorce process less confrontational. Any applications made before that date that have not yet completed will follow a slightly different procedure and some of the wording used is different.

If yours is an ‘old style’ divorce then you will need to apply for Decree Nisi and Decree Absolute.

How do I apply for a divorce?

Under the new process you need to complete an application formerly known as a divorce petition now known as a divorce application.  This is submitted to court using the online government portal.

Who is the petitioner in a divorce?

The person applying for the divorce used to be called the petitioner and is now called the applicant.  Spouses can now make a joint application if they wish, meaning there may be two applicants, applicant 1 and applicant 2.

Who is the respondent in a divorce?

The respondent is the person, in the case of a sole application, who receives a divorce application from their spouse the applicant. If it is a joint application, there is no respondent just two applicants.

What is the process for getting divorced?

1. The applicant(s) completes an application for divorce and submits this to the court. The court will process the application.

2. The respondent will receive the application and will need to return their acknowledgement of service to the court within 14 days of receiving it.

3. There is then a new 20-week reflection period from the start of the divorce process before applying for the conditional order of divorce.  The intention is that this allows the applicant and respondent time to consider how to address the practical issues arising from their divorce such as the arrangements for their children and finances.

4. After the 20-week period has passed the applicant requests that the court proceeds with the divorce by making the application for the conditional order.  The court will review the application and once approved, they will issue a Certificate of Entitlement which confirms the date for the Conditional Order to be made.  This will tend to take a few weeks.

5. Once the Conditional Order is made there is a further 6-week wait (‘cooling off period’) before the applicant can apply for the Final Order.  During this time a financial consent order can be submitted for approval.  This sets out the financial agreement reached and prevents any future claims being made by either party.

6. The final stage is the application for the Final Order which will legally end the marriage.

Should I tick the box to apply for a financial order?

Absolutely! Ticking this box does not initiate a formal application for the court to decide a financial settlement.  It merely reserves your right to bring a financial application in the future (or to have the court approve an agreement reached between you). If you do not tick this box, it might be more difficult to resolve your financial claims at a later stage, and in certain circumstances you may be barred from financial claims in the future, for example if you re-marry.

What should I do if my spouse does not respond to my divorce petition?

Additional steps will be needed in order to progress your divorce.  The court will either need to be satisfied that your spouse is aware you have issued divorce proceedings, or that you have made every effort to make them aware but have been unable to trace them.

What if I don’t want to be divorced?

Under the previous divorce process the respondent could defend the divorce with a view to remaining married.  However, the new divorce law removes the ability to oppose a divorce.

How long does it take to get divorced?

It will generally take around 6 months to complete the divorce process due to the two waiting periods noted above.  At Chadwick Lawrence our family law experts will always do everything we can to ensure that your divorce progresses quickly and efficiently so that it can be concluded in the shortest possible timeframe.