If you are looking for answers to the question ‘How to file for divorce UK?’, our specialist divorce and separation solicitors are here to help. We understand how traumatic it can be when a marriage breaks down, and we offer exceptional legal advice combined with superb client care and a human touch.
Reach out to Birch & Co’s specialist supportive divorce solicitors today. Call us on 0191 284 5030 or complete a Free Online Enquiry now to get a bespoke fixed price estimate.
“I would definitely recommend you to others – Thank you very much.” (Mr P Laskey)
How Can Our Divorce And Separation Solicitors Help?
Our divorce and separation solicitors offer support and guidance on a wide range of legal issues, including the following:
- Filing for divorce
- Child arrangements
- Financial settlements
- Child and spousal maintenance
- Injunctions
How To File For Divorce
Following the introduction of the divorce law reforms in 2022, divorcing couples no longer need to attribute blame for the end of their marriage to one party. Furthermore, there are very limited grounds on which the party who does not file for divorce can contest the application. As a result, the process has been significantly simplified. That said, the issues arising from a marital breakdown, such as where the couple’s children should live and how their assets should be divided, must still be addressed.
The process of filing for divorce is as follows:
• Check That You Are Eligible For A Divorce
To be eligible for a divorce, you must have been married for at least 12 months, and your marriage must have ‘irretrievably broken down’.
• Decide Who Should Apply
One of the parties can file for divorce on their own by making a sole application or the couple can apply together by way of a joint application. While joint applications can be smoother if both parties agree on the pertinent issues, you should generally only use this route if you are confident that there will not be any disagreements during the process. If you file for divorce by way of a joint application, you can subsequently change to a sole application later in the process.
• Complete The Divorce Application
It is essential that you complete your application accurately to avoid it being rejected and delayed. Working with experienced divorce and separation solicitors, like those at Birch & Co., ensures that your application is complete and accurate and contains all relevant information and documentation.
• Check Whether You Need To Inform Your Spouse About Your Application
The court will generally send a copy of your divorce application to your spouse, but there are cases in which you will need to do this yourself. They include if your spouse does not live in the UK or when the court has tried to serve the application on your spouse twice and failed.
• Wait For Your Partner To Respond
If you have made a sole application, your spouse must let the court know if they accept your application or disagree with it within 14 days. As we have explained above, under the new divorce laws, a divorce application can only be disputed in very limited circumstances, such as because the marriage was not valid in the first place.
• Apply For A Conditional Order
Once 20 weeks have passed since you filed for divorce, you can apply for a ‘Conditional Order’. You cannot apply before 20 weeks because this is the ‘cooling off period’ during which you and your partner can explore the possibility of a reconciliation or see if you can resolve any of the issues arising from your separation, such as child arrangements.
A Conditional Order is a formal legal document that confirms that you meet the legal requirements for a divorce.
• Apply For A Final Order
When six weeks and one day have passed since your Conditional Order, you can apply to court for a Final Order. The Final Order is the court document that confirms that your marriage is now legally ended.
How To Resolve The Issues Arising From Your Divorce
While filing for a divorce is relatively straightforward, resolving the issues arising from a separation is often anything but. The couple must seek to agree on pertinent matters, including where their children should live and how they should divide their time, what should happen to the family home, and how the couple’s assets should be split. Seeking expert legal advice from experienced divorce and separation solicitors like ours is essential in protecting your and your family’s position and ensuring a fair outcome.
The court expects a divorcing couple to try to resolve their issues without resorting to court proceedings wherever possible. Alternative dispute resolution methods, like mediation and arbitration, can be incredibly effective in the right circumstances and offer divorcing couples a quicker, cheaper, and less acrimonious way of settling their issues. Our divorce and separation solicitors will advise you on your options and help you to decide which would be best in your case.
Reach out to Birch & Co’s specialist and supportive team today. Call us on 0191 284 5030 or complete a Free Online Enquiry now to get a bespoke fixed price estimate.
“I cannot fault the professionalism and helpfulness throughout what has been a difficult time. I would not hesitate to use your services again and would recommend you to others.” (Mrs Surtees)
