If you wish to end your marriage, you must apply for a divorce, or, in the case of a civil partnership, a dissolution.
It is essential to understand that this is not a quick process. Even in the most straightforward circumstances, it will take at least six months to conclude. In more complex cases, particularly where finances or children are involved, the process can extend well beyond this, often lasting a year or more.
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 (https://www.gov.uk/divorce/file-for-divorce) and here for dissolution of a civil partnership (https://www.gov.uk/end-civil-partnership). You must also upload a copy of your marriage/civil partnership certificate.
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 in the application. It is usually sent electronically via email, but it can also be sent in the post if your spouse/civil partner does not have an email address or you do not know what it is.
Your spouse/civil partner will need to complete the Acknowledgement to confirm that they have received the paperwork from the Court.
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.
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.
This is the point at which a Judge will review the paperwork and ensure that it is all completed correctly.
This is when the Court confirms that it does not consider there to be any reason why the divorce/dissolution cannot proceed.
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.
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.
It is usually advisable to delay the application for the Final Order until the financial aspects of your separation have been fully resolved.
At Hedges, our family lawyers are specialists in providing legal advice for life. On any given day, our highly experienced team deals with various legal issues arising from family breakdowns, new relationships, child arrangements and parenting.
We’re used to dealing with the most complex family situations, which may be delicate and difficult. We guarantee absolute discretion at all times, and our specialist lawyers will support you through even the most difficult times, giving pragmatic, expert legal advice and an empathetic ear.
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Rachel Carrington-Matthews
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Rachel Carrington-Matthews
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