How To Get A Divorce In The UK

Once you have decided to end your marriage, you may be searching ‘how to get a divorce in the UK’. The procedure is more straightforward than it used to be, and much of it is now done online, but it helps to know what each step involves before you start. This article sets out the process as a sequence of actions, from making the application through to the order that finally ends the marriage.

If you need help with getting a divorce in the UK, the specialist team at Birch & Co is on hand to provide the support and guidance you need.

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.

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How Do You Start The Divorce Process?

The process begins when you submit a divorce application, which can be done online or on paper, either by you alone or jointly with your spouse. The application confirms that the marriage has broken down irretrievably, and you will need your marriage certificate and your spouse’s contact details to complete it. A court fee is payable at this stage.

If you are applying on your own, the court will send a copy of the application to your spouse once it has been issued. If you are applying jointly, you complete the application together. This first step is usually the most daunting in prospect yet the simplest in practice, and once it is done the process settles into a fixed timetable.

What Is The Acknowledgement?

Where the application is made by one spouse, the other is asked to complete a short form confirming that they have received it. This is known as acknowledging the application, and returning it promptly keeps everything moving. It confirms only that the papers have been received, and it does not commit the person to anything regarding money or the children.

Difficulties occasionally arise here if a spouse ignores the papers, but there are ways of dealing with that, including arranging for the documents to be formally delivered so that the court is satisfied they were received. If you are applying jointly, this step does not apply.

What Happens During The Twenty Week Wait?

After the application has been issued, there is a compulsory waiting period of twenty weeks before you can take the next step. This time is built into the process deliberately, to allow for reflection and to give couples the chance to begin sorting out their finances and any arrangements for children.

At the end of that period, you can apply for the conditional order, which is when the court confirms that you are entitled to a divorce. It is a confirmation rather than the end of the marriage, and there is still one further stage to come. Many people use the twenty-week period to reach a financial agreement, which is sensible for reasons that become clear at the final step.

What Is The Final Order?

Six weeks and a day after the conditional order is granted, you can apply for the final order, which is the document that legally ends the marriage. Once it is made, you are divorced.

It is usually wise not to rush the final order if your finances are not yet settled, because ending the marriage can affect certain rights, particularly those connected with pensions and with what happens if one party dies. In most cases, the better course is to reach and formalise your financial agreement first, and then apply for the final order once that is in place.

Should You Do It Yourself Or Use A Solicitor?

The steps above can be completed without a solicitor, and for a simple case with everything agreed, some people are content to handle the application themselves. The part that most often causes trouble is not the divorce procedure but the finances, which sit alongside it and are dealt with separately.

An agreement about money is not binding until it is recorded in a financial order and approved by the court, and legal advice is essential in getting that right. Whatever you decide about the divorce paperwork itself, it is worth at least taking advice on the financial side before treating the matter as closed.

How Can Birch & Co Help At Each Step?

We can take on as much or as little of the process as you need. For some clients, we manage the entire process, handling each step and the timetable so that nothing is missed, while for others we simply advise on the finances alongside an application they are content to make themselves.

Whichever suits you, we set out a clear, fixed price estimate at the start so that you know where you stand. Our aim is to get you through the process efficiently and with as little stress as possible.

Speak to Birch & Co

If you want to understand each step of getting a divorce, or you would like us to handle it for you, our family law team is ready to help.