BP/036341
DIVORCE PROCEDURE
Set out below is information which we hope you will find helpful both before and during the actual divorce process but please bear in mind that this is a standard note not all of which may be applicable to you.
For the first time in nearly 50 years our divorce laws changed on the 6th April 2022. The Divorce, Dissolution and Separation Act 2020 has come into force and there is now no need to rely on behaviour, adultery or living apart for a period of time to divorce your spouse. All that is needed now is to provide a statement that the marriage has irretrievably broken down.
Starting a Divorce
A divorce is started by completing a document known as an Application for Divorce (a D8 court form). You are encouraged by the court to complete your divorce digitally online using the government website but you can still send a paper application to the court. You will be referred to as Applicant and your spouse the Respondent. The divorce application form asks for details of your marriage and contact details for your spouse. If possible it is best to provide an email address for your spouse especially if using the digital service. The application asks you to sign a statement of truth confirming your marriage has irretrievably broken down.
It is also now possible to make a joint application for a divorce and one party will be referred to as Applicant 1 and the other Applicant 2.
Once the court has issued your application for divorce you have to wait a period of 20 weeks before you can apply for the first document in the process – a Conditional Order of divorce. This Conditional Order replaces the old Decree Nisi.
The 20-week period is designed to enable you to reflect on your decision to end the marriage and to make any arrangements regarding your children and the finances as amicably as possible.
At the end of this period, you can send an application form to the court to apply for the conditional order. The court form is a D84 and if using the digital service you will complete this online.
Once you receive your Conditional Order from the court, you then wait 6 weeks and one day before you apply for your Final Order. This is done on form D36. The Final Order replaces the old Decree Absolute.
Costs
Depending on your income you may be eligible for a fee reduction of the court fee to start your divorce which is currently £593. You can apply to the court for Help with Fees and this is done at the same time as you start your divorce. It is best to try and agree with your spouse at the outset who is paying the fees both the court fee and any solicitor’s costs. You can make a separate application to the court for your spouse to pay the court fees if you can’t reach an agreement and you need to do this before you apply for your Conditional Order.
Formalising your separation without a Divorce
If you would prefer to formalise your separation without actually divorcing then you can consider a Separation Agreement.
Many couples prefer to reach an agreement about financial matters arising out of their separation without involving the Court at all. The way this can be achieved is for them to sign a written document which incorporates the agreement they have reached. Commonly, such agreements deal with confirmation that the parties to the marriage are to live apart and the manner in which any maintenance and property issues are to be dealt with. Whilst there are no restrictions on what can or cannot be included in such an agreement, it is important to bear in mind that if either person makes a subsequent financial application to the Court, the Court is not bound by the financial arrangements in the Separation Agreement.
In light of case law, greater weight appears to be being attached to Separation and indeed Pre-Nuptial Agreements providing certain conditions are met. These conditions largely revolve around both parties being independently legally advised and both parties being fully aware of the financial circumstance of the other. There is, however, no guarantee that a Separation Agreement will be binding if in the future a Court examines it and decides that it is unfair to one or other of the parties.