How To Start Divorce Proceedings: A Simple Guide

Divorce can be a daunting process, filled with emotional, financial, practical and legal complexities. While this guide cannot replace the expertise of a qualified lawyer, it aims to provide a clear roadmap for navigating the initial steps of divorce proceedings.

Understanding Your Options

Before diving into legalities, consider if divorce is the only path forward. There might be opportunities for reconciliation through therapy or mediation.

Consulting a Lawyer

While not mandatory, legal representation is highly recommended throughout the divorce process. A solicitor can:

Advise on the legal aspects of your case: They understand the specific laws that apply and can ensure you navigate them correctly.
Represent you in court: If the divorce becomes contested, legal advice may be needed to make sure your best interests are advocated for during hearings.
Draft necessary documents: applications, financial disclosures, and agreements all require legal expertise to be drafted accurately.

Grounds for Divorce

In April 2022, the divorce law in England and Wales changed, allowing couples to separate without having to set out reasons as to why their marriage had irretrievably broken down. A “no-fault” divorce removes the requirement to assign blame.

There are lots of reasons why couples may make the decisions to separate and divorce, some of these reasons include the following:

Communication problems: Couples who have trouble talking to each other, expressing their needs, or resolving conflict effectively.
Lack of commitment: A successful marriage requires both partners to be willing to put in the effort and make sacrifices for the relationship. If one or both partners aren’t committed to making it work, divorce becomes more likely.
Financial stress: Money problems are a major source of tension in many marriages. Disagreements about spending habits, debt, or financial goals can lead to serious conflict.
Infidelity: A betrayal of trust through cheating or emotional affairs can be devastating to a marriage and is a common reason for divorce.
Growing apart: People change and grow over time, and sometimes couples simply grow in different directions. If they lose that sense of connection and intimacy, it can lead to divorce.
Abuse: Marriages should be a place of support and love but sadly that is not true for everyone.

Apply for your divorce online

You do not need to provide any reasons for why you want a divorce/dissolution, you just need to confirm that you believe your marriage/civil partnership has irretrievably broken down.

This application can be made by one person or by a couple jointly. The only difference in the process is that if an application is made jointly, both of you will be sent an acknowledgement to complete (see below).

To make the application you will need to complete the online application with the Court, which can be accessed here for divorce and here for dissolution of a civil partnership. You will also need to upload a copy of your marriage/civil partnership certificate and pay the Court fee.

The Court issues your divorce/dissolution and sends it to your spouse (the Respondent)

As long as you have completed all the relevant sections of the application, this will be issued by the Court and given its own unique reference number. Please make a note of this as you will need to quote this on any correspondence with the Court about your divorce/dissolution.

A copy of your application/petition will be sent to your spouse/civil partner using the details you provide for them in the application. It is usually sent electronically via email but can be sent in the post if your spouse/civil partner does not have an email address or you do not know what it is.

The Respondent completes their Acknowledgement and returns this to the Court

Your spouse/civil partner will need to complete the Acknowledgement to confirm that they have received the paperwork from the Court.

20-week reflection period

This period was introduced with the no-fault process to give couples time to reflect on whether they want to proceed with the divorce/dissolution. The time period runs from the date of the original application. There is no obligation for couples to attend any form of counselling or mediation during this period, but couples often find this helpful.

The applicant can apply for the Conditional Order

Once the reflection period has been completed, you can then apply for the Conditional Order, by confirming the information provided previously is correct. This is done through the Court portal.

The Court considers the application and sets a date for the pronouncement

This is the point at which a Judge will review the paperwork and ensure that it is all completed correctly.

Conditional Order is pronounced

This is when the Court confirms they do not consider there to be any reasons why the divorce/dissolution cannot proceed.

Applying for the Final Order

Six weeks and 1 day after the Conditional Order you can apply for your Final Order. This essentially provides for a further period of reflection, as once the Final Order is made it cannot be undone.

The Final Order is made and your divorce is concluded. You should now consider updating your Will.

This is the document that formally and finally ends your marriage/civil partnership. You will need to keep a copy of your Final Order safe as there may be occasions in the future where you are asked to provide this, i.e. if you wish to remarry. Now that the divorce process has finished, it’s a good idea to update your Will.

Additional Considerations

It is important to understand that whilst intrinsically connected, as far as the legal processes are concerned, the divorce is wholly separate from dealing with the arrangements for your children or the appropriate division of your finances.

How can we help?

In the vast majority of matters, our clients deal with the divorce aspect themselves and involve us in dealing with the arrangements for children and the appropriate division of finances. Understanding the legalities involved in divorce can be overwhelming. At Hedges Law, our experienced and compassionate team is dedicated to guiding you through this. We offer a personalised approach, tailored to your unique circumstances.

Here’s how Hedges Law can assist you:

Understanding your options: We’ll explain your legal rights and explore all available options.
Assisting with the preparation of paperwork: Our lawyers will ensure your paperwork is accurate and efficiently filed with the court.
Financial disclosure: We’ll guide you through the financial disclosure process and ensure all relevant information is gathered and presented accurately.
Negotiation and settlement: Our skilled negotiators will work tirelessly to reach a fair and amicable settlement on your behalf, minimising conflict and saving you time and money. We’ll support you in exploring alternative dispute resolution methods like mediation, arbitration, round table meetings or collaborative divorce to find what suits you best.
Arrangements for your children: We understand the importance of protecting your children’s well-being during and after the divorce. We’ll work diligently to create a comprehensive arrangement for your children and support plan that prioritises their needs.
Tax implications: We’ll work with your tax advisor (or introduce you to excellent advisors we know if you do not have one already) to ensure you understand the potential tax consequences of your divorce.
Emotional support: We recognise the emotional toll of divorce. We’ll provide you with resources and support throughout the process, as well as introducing you to other professionals who can offer more tailored emotional or therapeutic support.