Process
The Divorce Process
Divorce is tough. We’re here to help you untangle the knots and provide you with a clear direction.
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Most of our clients don’t realise that getting a divorce involves multiple processes.
Getting a divorce is the first step. This essentially is the legal procedure of separation. Once this is done, we’ll need to work with you to divide your finances, and understand the situation of your children, if you have any.
How It Works
The Divorce Process
Stage 1
The first step in getting a divorce involves the Applicant filing their application, their original marriage certificate and the Court fee (unless exempt) with a designated Family Court. It is possible for both spouses to file a joint application at the Court where there is agreement that the marriage has irretrievably broken down. In this scenario, the parties are described as Applicant 1 and Applicant 2.
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Stage 2
The Court then issues the application and sends a sealed copy of the papers to the Applicant or their solicitor and the person who the Applicant is divorcing (that is the Respondent). It is possible for the Applicant to apply to the Court for service by email if the Respondent’s address is not known.
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Stage 3
If the Respondent wishes to defend the divorce, then he or she must notify the Court within 7 days of receipt of the Application and file their defence (known as their Answer) within 21 days of their notice of intention to defend. A divorce application can only (from 6 April 2022) be defended because: The validity of the marriage is challenged; or The Respondent’s position is that the Family Court in England and Wales has no jurisdiction (legal ability) to deal with the application.
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Stage 4
Unless defended, 20 weeks after the issue of the application for divorce, the Applicant can apply for the Conditional Order (this is the Court’s recognition that the marriage has irretrievably broken down)
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Stage 5
Six weeks after the making of the Conditional Order, the Applicant can then apply for the Final Order, and it is this order that finally dissolves the marriage.
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