Apply For Divorce

Deciding to apply for divorce is a significant moment, and once the decision is made, most people are keen to understand what applying involves and what it sets in motion. The act of applying is more straightforward than it once was, but it is still worth knowing who can apply, how the application is made, and what happens in the weeks that follow.

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When Can You Apply For Divorce?

You can apply for divorce once you have been married for at least a year. Couples who separate before reaching their first anniversary have to wait until the year has passed before an application can be made, although there is nothing to stop you taking advice and getting ready in the meantime.

Your marriage must also be legally valid and recognised here, and the courts of England and Wales need to have the authority to deal with it, which usually turns on where you and your spouse live or treat as your permanent home. For most people, these conditions are met without difficulty, but if any of them is uncertain in your case, it is worth checking before you apply.

How Do You Make A Divorce Application?

The application can be made online or on paper, and for most straightforward cases the online route is the quicker and simpler of the two. You will need your marriage certificate, your spouse’s full name as it appears on it, and an address at which they can be contacted. A court fee is payable when you submit the application.

The application does no more than confirm that the marriage has broken down irretrievably. You are not asked to give reasons, and you do not have to set out anything about your spouse’s conduct. Once you have submitted it and the court has checked the details, the application is issued, and that marks the start of the formal timetable.

Should You Apply Alone Or Together?

One of the choices you make at the outset is whether to apply on your own or jointly with your spouse. A joint application suits couples who have reached the decision together and want to go through the process side by side, while a sole application is used where that is not realistic or where only one of you wishes to begin.

If you apply alone, your spouse is sent a copy of the application and asked to confirm that they have received it. If you apply jointly, the two of you complete and progress the early steps together. The route you choose does not change the eventual outcome, so it is really a question of what fits your circumstances.

What Happens Once You Have Applied For Divorce?

Applying starts a fixed sequence that cannot be hurried. There is a wait of twenty weeks before you can apply for the conditional order, which is the court confirming your entitlement to a divorce, and then a further six weeks and a day before the final order, which legally ends the marriage. In practice this means a divorce takes a minimum of around six months, and often longer.

That built in pause is useful, because it gives you time to deal with the matter that applying does not touch, which is the finances. The application ends the marriage and nothing more, so property, savings, pensions, and income are handled separately, and it is wise to use the time after applying to work towards a financial agreement.

Does Applying For Divorce Commit You To Anything?

A common worry is that submitting the application locks you into decisions about money or the children. It does not. Applying begins the process of ending the marriage, but it says nothing about how your finances will be divided or what arrangements will be made for any children, both of which are dealt with separately and can be agreed in their own time.

This is also why applying need not feel like a point of no return in every sense. The twenty- week period exists partly to allow for reflection, and some couples use it to be certain of their decision as well as to make practical progress.

How Can Birch & Co Help You Apply For Divorce?

Apply For Divorce We can make the application for you, checking the details against your marriage certificate and choosing the approach that suits your situation, so that it is right first time and not delayed by an avoidable error. Equally, if you would rather submit the application yourself, we can advise you on the financial side that sits alongside it, which is where most of the lasting decisions are made.

We set out a clear, fixed price estimate before we begin, and we make sure that applying is the start of a properly handled process rather than a step taken in isolation.

Speak To Birch & Co

If you are ready to apply for divorce, or you want to understand what applying involves before you commit, our family law team can guide you through it every step of the way.