Divorce - the basics
How does the divorce process work?
Until the new “no fault” divorce comes into force in April 2022, divorce applications are still based on the law contained within the Matrimonial Causes Act 1973. This law provides that if you have been married for at least one year and you feel that your marriage has irretrievably broken down, you can start a divorce application based on one of five facts, namely: adultery, unreasonable behaviour, two years’ separation with your spouse’s consent, desertion or five years’ separation.
It is always best to try and agree with your spouse on which fact you will base your divorce application and what you will be saying in it. If the contents of the divorce application are agreed between you before it is sent to the court, it is more likely the divorce will go ahead undefended. This means you do not usually have to attend court; it will also save time and costs, and there will be less acrimony between you.
What is the procedure for divorce?
Once you have decided which fact you will be relying on for the divorce, the application can be prepared. If your divorce is being submitted online, your original marriage certificate needs to be scanned and uploaded to the online portal.
The divorce petition and accompanying documents are submitted to the court and a case number is allocated. A copy of the divorce application is sent to your spouse with a reply form (Acknowledgement of Service form) for completion within 7 days. Once your spouse completes and returns the reply form, the court sends a copy to you or your lawyer. This will show whether or not your spouse intends to defend the case. In the vast majority of cases, the divorce will not be defended. (Where a defence is filed, a different process will apply).
If no reply is received from your spouse, there are steps which can be taken to move the case on without their input.
Assuming your spouse does co-operate, and the case is not defended, the next stage is to apply for a date to be set for the pronouncement of Decree Nisi. The Decree Nisi means the court has confirmed that the person is entitled to a divorce but it does not bring your marriage to an end. It is necessary for you to wait at least 6 weeks and one day from the Decree Nisi before you can apply for the marriage to be dissolved.
Once the application is submitted, the Decree Absolute should be granted within 1 – 2 weeks.
How much does a divorce cost?
The costs of the divorce will depend upon whether you use a lawyer to deal with the paperwork on your behalf, or if you decide to do this yourself. There is a court fee payable of £593 when sending the divorce papers to the court. A lawyer will typically charge between £500 - £1,000 plus VAT to deal with a straightforward, undefended divorce (defended proceedings are very rare and can be extremely costly). We offer a fixed fee divorce package for £500 plus VAT for legal fees, so you will pay £1,193 in total including the court fee.
How long does a divorce take?
In recent years there have been long delays with the courts which has resulted in divorces taking longer to be processed. The online system has streamlined the divorce process which has made the system more user friendly and quicker. An undefended divorce can usually be concluded in approximately 4 – 6 months. However, if delays are caused by either party or the court it can take longer. You may be advised to hold off finalising the divorce (the Decree Absolute) until the financial issues are resolved.
If you want to discuss anything in this article please contact us.
