How To Get A Divorce UK

If you are searching for answers to ‘How to get a divorce UK’, chances are that you are in a marriage that you believe has irretrievably broken down and need guidance on how to legally end your relationship.

At Birch & Co., our team of specialist divorce solicitors have extensive experience in assisting clients in navigating the divorce process. We combine our exceptional legal advice with care and empathy, and we will support you and your family from start to finish.

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.

“Totally satisfied with house call, help and information supplied by friendly and helpful staff.” (Mr L Smith)

How Do You Get A Divorce In The UK?

The process of getting a divorce in the UK was overhauled in April 2022, when the Divorce, Dissolution and Separation Act 2020 came into force.

The Act introduced the concept of a ‘no-fault divorce’ in a bid to make the process more straightforward and reduce conflict between divorcing couples. Following the changes, couples no longer need to apportion blame for the breakdown of their relationship. Instead, they need only confirm that their relationship has ‘irretrievably broken down’.

What Are The Basic Requirements For Getting A Divorce In The UK?

To be eligible for a divorce in the UK, you must meet the following basic legal criteria:

You have been married for at least a year
Your marriage has irretrievably broken down
Your marriage is recognised in the UK

What Are The Grounds For Divorce?

Under the new divorce laws, there is only one ground for divorce: your marriage has irretrievably broken down. The party seeking a divorce no longer needs to provide evidence of matters such as adultery or unreasonable behaviour; they need only make a simple statement confirming the irretrievable breakdown of their marriage.

Who Can Apply For A Divorce In The UK?

As has always been the case, either party can apply for a divorce. However, following the introduction of the new divorce laws, a couple can now make a joint application if they wish to do so.

What Is The Process Of Getting A Divorce In The UK?

A brief overview of the divorce process in the UK is as follows:

One or both parties apply for a divorce. You can do so online or by post.
The court reviews your application to check that you meet the basic legal criteria for getting a divorce in the UK. If you do, the court will send a copy of your application to your partner if you have made a sole application.
When your partner receives your application, they have 14 days within which to acknowledge receipt. They can dispute your application if they wish, but only in very limited circumstances.
There follows a mandatory 20-week cooling-off period, during which you and your partner can explore the possibility of a reconciliation or try to settle the issues arising from your divorce.
When the cooling-off period ends, you can apply to court for a ‘conditional order’, formally known as a ‘decree nisi’.
When six weeks have elapsed since the conditional order, you can apply to court for a ‘final order’, previously known as a decree absolute. The final order legally ends your marriage.

What Other Issues Arise When You Are Considering How To Get A Divorce UK?

It is important to recognise that the divorce process itself does not resolve all the issues that may arise from your separation. You and your partner should seek to resolve these issues yourselves, failing which you can ask the court to step in and resolve them for you.

The issues you may need to address include the following:

• How Your Assets Should Be Divided

Dividing a couple’s assets can be a complex task. There are no hard and fast rules, and the overriding principle is that the financial settlement should be fair. Understanding what would be considered fair in your case involves a deep understanding of complicated family law principles, such as which assets should be included in the pot to be divided and which should be separate.

Our divorce solicitors will review your financial situation and that of your partner, advise on what would be a fair outcome, and assist you in securing everything you are entitled to.

• Where Your Children Should Live

If you have children, where they should live and how they should divide their time can be one of the most emotive issues to address when your relationship breaks down. Your children’s welfare is paramount, and our solicitors’ advice will be tailored to what would be in their best interests.

We always encourage our clients to resolve the issues that arise from their divorce amicably, if possible, and to spend their time and money on building their future rather than on litigation. Only if that proves impossible will we advise you to issue court proceedings. We will support and guide you through whatever procedure you choose, protecting your interests at every stage.