Divorce Process

Divorce Process

Divorce is often a heart-wrenching, unhappy and difficult time for both spouses and their families. At FisherWright Solicitors, you can rest assured that our dedicated team of experts will not only understand your concerns, but will also prioritise your needs and strive to achieve the best possible solution, no matter the circumstances of your divorce. At FisherWright we understand that divorces are complex, stressful and emotional for our clients, and our solicitors will take care of the legal matters, allowing our clients can focus on things that matter to them.

As a member of Resolution, our principal solicitor Ms Fisher, has extensive experience in dealing with divorce and is qualified to assist you in every stage. Furthermore, our dedicated team of experts have considerable experience in dealing with divorces and with their expert legal knowledge, their dedication to client care and the desire to maintain a good bond with our clients, will not only guide you through every step of the divorce, but are qualified to assist you in all aspects which include, disputes in relation to finances, the division of matrimonial assets, or arrangements in respect of your children.

Below, we have provided a brief overview of the divorce process and the legal requirements of divorce. For further information, or to speak to a solicitor please contact FisherWright Solicitors.

NEW DIVORCE LAW FROM 06 APRIL 2022

The law on divorce in England and Wales was amended and a new law came into force on 6th April 2022. Below, we have provided a brief overview of the divorce process and the legal requirements of divorce. For further information, or to speak to a solicitor please contact FisherWright Solicitors.

Step 1

Filling the Divorce Petition


In order to commence divorce proceedings, one party (a sole applicant) or the couple that wish to get a divorce (joint applicants) can make an application for a divorce with the Family Court alongside a statement explaining that the marriage has irretrievably broken down. There is a no-fault based divorce regime so parties do not have to provide a reason for the breakdown of the marriage. There is no option to defend a divorce, but it can be disputed on limited grounds (i.e. jurisdiction, validity, fraud and subsistence of the marriage).

Step 2

Acknowledgement of Service ( not applicable for joint applications)


Where a sole application for divorce has been made, once the petition has been issued by the Family Court, the other party will be sent a copy of the issued petition and a document referred to as an ‘Acknowledgement of Service’ which they will be required to complete and return to the Court.
Completing the Acknowledgment of Service will only be applicable for a sole application for divorce, not a joint application.

Step 3

Conditional Order


Upon the divorce petition being issued, the petition being acknowledged by the other spouse (in the case where a sole application for divorce has been made) and there has been a 20 week period of time, an application can be made to the Court to ask them to accept that the marriage can come to an end. This is referred to as a ‘Conditional Order’.

Step 4

Final Order of Divorce


Once the Court has accepted that the petition satisfies the requirement of a divorce, an application for a Final Order ending the marriage can be made. The Final Order can only be applied for 6 weeks and 1 day after the Conditional Order was granted and is the last step in obtaining a divorce.

OLD DIVORCE LAW (APPLICABLE ONLY TO PETITIONS ISSUED BEFORE 06 APRIL 2022)

Step 1

Filing of the Divorce Petition

In order to commence divorce proceedings, you will be required to file the Divorce Petition with the Family Court, outlining the fact that you wish to rely on. Once the Court has issued the petition, it will proceed to send a copy of the same, to you and your spouse. Your spouse will then be required to ‘acknowledge’ the petition or alternatively will be given the opportunity to defend the divorce.

Step 2

Acknowledgement of Service

Once the petition has been issued by the Family Court, your spouse will be sent a copy of the issued petition in conjunction with a document namely an ‘Acknowledgement of Service’ which they will be required to complete and return to the Court.

Step 3

The Decree Nisi Stage

Once your spouse has acknowledged the divorce petition, you will then be able to make an application for a Decree Nisi which is a Court Order confirming that the Court is satisfied that your marriage has broken down irretrievably, and the date that you will be able to apply for a final Order confirming the marriage has legally ended.

Step 4

The Decree Absolute

The final stage of a divorce will be to obtain a Decree Absolute which is a Court Order confirming that the marriage between you and your spouse has legally terminated.

The Legal Requirements:

When may I apply for a divorce?

In light of the new divorce law introduced on the 06 of April 2022, you are now able to apply or a no-fault divorce. The new law has removed the requirement to establish facts, which means that there are no longer any grounds for divorce.

In England and Wales you can get a divorce in the UK if you can meet the following:
1. You and your partner have been married for over a year
2. Your relationship has permanently broken
3. Your marriage is legally recognised in the UK

If you have been married for less than a year then you may be able to northern marriage. Alternatively if you do not wish to obtain a divorce you may proceed with legal separation.

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The requirement of Jurisdiction

In order for the Court of England and Wales to be able to deal with divorce proceedings, they must have Jurisdiction; this effectively means that you and your spouse will either:

  • Need to be ‘habitually resident’ in England of Wales
  • Be last ‘habitually resident’ England and Wales and either you or your spouse reside here at present
  • Either you or your spouse ‘habitually resident’ in England and Wales
  • You are ‘habitually resident’ in England and Wales and have resided here for the minimum of one year preceding your application
  • You are domiciled and ‘habitually resident’ in England and Wales and have lived here for 6 months preceding your application
  • Either you or your spouse are ‘domiciled’ in either England or Wales
  • If neither of the above apply, it may still be possible for you to apply for a divorce, please contact our solicitors for further information.
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Sole or Joint Application?

Before you apply, you must decide whether you want to make a joint application with your partner or whether you want to apply by yourself.

Sole Application
Sole applications are considered the standard applications, whereby one partner makes an application for divorce when their meet either of the following:
1. Partner does not agree to divorce
2. You do not believe that your partner will cooperate or respond to notifications from the Court
Sole applications can be made digitally or on paper and can be made by solicitors or individuals representing themselves.
Sole applications can be disputed by the other party in limited circumstances, however the other partner is not able to dispute that the marriage has not broken down. The following circumstances may be disputed:
1. The jurisdiction of the Court is disputed
2. The validity of the marriage or civil partnership is disputed
3. The marriage or civil partnership has legally ended before the sole application was made.
Once you have made a sole application, it is not possible to switch to a joint application.

Joint Application
Following the introduction of the new divorce law, for the first time the act allows for partners whose marriages have irretrievably broken down, to make a joint application. This allows couples to apply together and may reduce the complexity of the process.
Joint applications are encouraged, however they may not be suitable in certain circumstances and parties should instead apply as a sole applicant.
You will be eligible to apply for a joint application if both of the following apply:
1. You are both in agreement that you should get a divorce
2. You are not at risk of domestic abuse.
Joint applications can be made digitally or on paper and can be made by solicitors or individuals representing themselves.
It is possible to switch from a joint application to a sole application, in circumstances where they are unable to continue with the joint application. This may be because the partner is unresponsive or perhaps because the relationship has further deteriorated.

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