The Divorce Process

The divorce process can seem daunting at first. Below sets out what to expect, taking into account the changes brought by the introduction of ‘no-fault divorce’ in April 2022.

Divorce Application (previously divorce petition)

The first stage in the divorce process is preparing a divorce application, previously referred to as a divorce petition.  Under the no-fault divorce procedure, spouses can make a sole or joint divorce application on the basis that the marriage has irretrievably broken down.

There is now only one ground for divorce – the irretrievable breakdown of the marriage.  Following changes in the law in 2022, divorces can no longer be defended, save where the court lacks jurisdiction to hear the application.

Sole applicants will not be able to change their application to a joint application, so the decision on whether to apply solely or jointly must be made at the start of the divorce process.  However, it is possible to switch from a joint to a sole application at the conditional and final order application stage.

Once drafted, the divorce petition will be filed online.

Notice of Proceedings / Acknowledgement of Service

Once the application has been issued by the court, a notice of proceedings will be served on the respondent, together with an acknowledgment of service, or on both parties in a joint application.

Conditional Order (previously the Decree Nisi)

Once the divorce application has been filed, there is a compulsory 20-week period before the applicant, or joint applicants, can apply for a conditional order. This 20-week period is intended to encourage the parties to reflect and resolve their finances and / or child arrangements, in full or in part.

The conditional order is the first of two orders in the divorce process.  It confirms that the marriage has irretrievably broken down and that the parties are entitled to dissolve the marriage.

Final Order (previously the Decree Absolute)

The applicant or joint applicants can apply for a final order six weeks and a day after the conditional order is granted.  In the case of a sole application, the respondent can apply for a final order three months after the date from which the applicant can apply. The final order is the final stage of the divorce process and formally dissolves the marriage.  It is sensible to delay the application for the final order until all finances have been resolved.  Not doing so can have inheritance and tax implications for both parties.

Once the final order has been granted, the parties are divorced.  The final order also affects inheritance. It is therefore prudent to make a Will, or review any existing Wills, on the conclusion of the divorce process.

Costs

The scope for claiming costs under the no-fault system is more difficult as one party is no longer being blamed for the breakdown of the marriage. However, it remains possible to agree between the parties who will pay the costs of the divorce before the application is filed.

If you would like to discuss the divorce process in more detail with our divorce lawyers in London or if we can assist you with general legal advice, please call us on 020 3405 0060 or send us a message to arrange your free initial consultation.