Divorce

In April 2022, the government introduced much welcomed changes to the divorce process. It is no longer necessary to claim that one party was at ‘fault’ for the breakdown in the marriage or to prove that you have been living separately for some years. It is now only necessary to say that the marriage has irretrievably broken down. No reasons are required. 

All divorce applications are now made online. Either party can apply in person or through their solicitor. Alternatively, the application can be made by both parties jointly.

The new procedure works like this:

• The application is made online. A copy of the marriage certificate must be uploaded to the divorce ‘portal’. 
• A copy of the divorce application is sent to the other party by post and email.
• The other party responds to say they have no objections to the divorce continuing.
• 20 weeks after the application was made, the applicant may apply for the first stage of the divorce known as a ‘conditional order’.
• The conditional order should be granted by the court a few weeks later.
• 6 weeks after the conditional order is granted, the applicant may apply for the final stage of the divorce known as a ‘final order’.

We always encourage both parties to cooperate with the divorce application, even if they have other issues to discuss such as finances or children. Problems can arise if one party fails to respond to the application or if their whereabouts are unknown. We can help you get through any difficulties that arise during the process and ensure that the case stays on track.

The process is exactly the same for the dissolution of Civil Partnerships.  

It is important to remember that a divorce is required if you need to apply to the court for a Financial Order to record terms of settlement of the matrimonial finances. For this reason we often advise that the divorce application is made before any steps are taken to reach financial settlement.     

The costs for obtaining a divorce or dissolution are as follows:

The court fee must be paid at the start of the case. We can arrange spread payments for the fees you pay us.

If you want to discuss your divorce please contact Dan Bonsall or Hayley King on 0161 434 0600 or info@didsburyfamilylaw.com.