Frequently Asked Questions
Can I get divorced?
If you’ve been married for over a year, and the relationship has broken down, you are entitled to apply for a divorce. Bear in mind your marriage needs to be legally recognised in the UK, and one of you needs to live in the UK, too. The grounds for divorce are that the marriage has irretrievably broken down.
Previously, couples had to provide evidence of one of the following to get a divorce:
- Adultery
- Unreasonable behaviour
- Desertion
- Separation for over two years (with written consent)
- Separation for at least five years (without consent)
However, this is no longer a legal requirement following the legalisation of ‘no-fault’ divorces in April 2022. You can now divorce with neither side being to blame.
Does my spouse have to agree to the divorce?
No, your spouse does not have to agree to the divorce. It can be easier if a mutual agreement exists, but spouses can no longer contest a divorce application. This follows a major reform of divorce law with the implementation of the Divorce, Dissolution and Separation Act 2020.
Will I have to go to court for a divorce?
It’s possible to divorce without going to court. If you and your partner agree on the divorce terms, this is an uncontested divorce, which you can settle outside of court.
However, if you can’t agree on splitting childcare or financial assets, you will need to work with a divorce solicitor to negotiate on these aspects. Court intervention may be necessary if you and your partner cannot agree.
How long does a divorce take?
Unfortunately, there is no such thing as a ‘quickie divorce’, as seen in the media. By law, a divorce will take a minimum of 26 weeks (around six months), so even the most amicable divorce will take a while to process.
After submitting a divorce statement (either solely or jointly), there is a 20-week ‘cooling off’ period. During this time, couples are encouraged to reflect on their marriage and make any necessary arrangements regarding children, finances or assets.
At this point, you will apply for a conditional order. If it is granted, another waiting period begins. This time it lasts a minimum of 6 weeks. You may then need to submit a financial consent order to separate your finances legally.
Finally, after six weeks, you’ll apply for a final order, which confirms the legal end of the marriage.
Naturally, this is a best-case scenario where both sides are in full agreement throughout. If you have disagreements over certain issues (e.g. finances), you’ll need the support of a divorce solicitor.
Do both parties have to pay for a divorce?
The person who files for divorce (the ‘applicant’) will typically pay the court fees. However, couples can split the fees in a joint application.
How much does a divorce cost?
However you file for divorce, you’ll need to pay court fees. It costs £593 to apply for a divorce, plus a £53 fee to include a consent order (a legal document that secures your finances once you’ve finalised the divorce). Additional costs may occur if you seek private legal advice during the process. Many firms, us included, offer a fixed fee for dealing with a straightforward divorce. Our fixed fee is £650 plus VAT.