Question 1

How do I start divorce proceedings?

Accepted Answer

To initiate divorce proceedings in England and Wales, you should follow these steps:

1. Check Eligibility
You first need to ensure that you meet the basic eligibility criteria. For more details on eligibility, see our article here.

2. Decide Whether You Need Assistance
Do some research and decide if you would like to proceed with drafting a divorce application yourself, if you would like to enlist the services of a divorce expert to help you (such as Clean Break Divorce) or if you need a solicitor to represent you. The main factors to consider are cost and your personal time and stress doing it yourself.

3. Decide Application Format
You can submit an online divorce application or a paper application. Online has a much faster processing time and is recommended but the paper option is still available to you using form D8.

4. Individual or Joint Application
Decide if you would prefer an individual (or sole) divorce application where it is only you in control of the divorce or if you would benefit form a joint application where both parties have an equal role in the divorce.

Remember, all divorces are now no-fault, you do not need to place any blame or have a reason to divorce. They also cannot be contested by the other party if you want to divorce.

Question 2

How much does a divorce cost?

Accepted Answer

With all divorces in the UK now being no-fault, the costs associated with divorce have become more streamlined. There are still multiple options available with vary in cost:

If applying for divorce yourself, £612 is all you will need to pay for a straight forward divorce. This is for the court fee when submitting your application.

If you get assistance with your divorce, this can increase the cost to around £900. That is the court fee of £612 plus the fees charged by the firm assisting you of around £200-£300. This option can be great value for money if legal processes are not your strong point.

If you get a solicitor to file your divorce, this can vary anywhere between £1,200 and £3,000 including the court fees.

If you are on low income or receive benefits, the cost of divorce can be greatly reduced as you can get help from the government when paying the court fee; it can even be free!

It is also important to note that whilst the system has been streamlined and made more accessible, some situations still require more specialist knowledge, additional processes and additional court fees. This would be for situations where you cannot locate your spouse or your spouse is not responding to the divorce application.

Question 3

How long does a divorce take?

Accepted Answer

All divorces in England and Wales take 7-8 months. Be careful when googling this as we have had numerous clients quoting a 6 month divorce time which is simply false. It is an incorrect timeline generated by AI.

If you would like a more detailed look at all the timescales of each divorce stage, please see our article here.

If your divorce application runs into any problems such as:
- you cannot locate your spouse
- your spouse is not responding
- your are having trouble agreeing on finances

This will likely increase the duration of the divorce by at least another 1-2 months.

Question 4

What are the grounds for divorce?

Accepted Answer

As of April 2022, the UK has adopted a no-fault divorce system. This means that the sole ground for divorce is the "irretrievable breakdown of the marriage", without the need to assign blame or provide evidence of wrongdoing. Simply stating that your marriage has irretrievably broken down is all the evidence you need.

Question 5

Do I need a solicitor for divorce?

Accepted Answer

In short, no. While it's possible to handle a simple divorce without legal representation, consulting a solicitor is advisable when:

- There are disputes over finances or child arrangements.
- You would like legal advice on your position and rights
- You need assistance with legal documentation.

A solicitor can help protect your interests by informing you what you're entitled to in the divorce and negotiating a settlement for you. Please be mindful that this also can incur hefty fees, especially if the negotiations drag on.

You can still get legal assistance with your divorce without a solicitor and without the high costs. Other firms such as "divorce companies" offer expert divorce assistance for a much lower cost such as ourselves. This can be a great way to get the help you need, reduce stress and keep the costs down.

Question 6

Will I have to go to court?

Accepted Answer

During a divorce application alone, there is no requirement to actually attend court. All of the court stuff happens in the background without either party present.

If you are getting a consent order where both parties agree on the terms, including financial settlements and child arrangements, the process normally does not require attending court. If your agreement is particularly unfair or unusual, your case can be called to an in-person or virtual hearing.

If disputes arise and you need a contested financial order, you will almost certainly need to attend mediation and will likely need to attend court.

Question 7

Can I get a divorce if I’ve been married less than a year?

Accepted Answer

No, to file for a divorce in England and Wales, you must have been married for at least 12 months and one day.

Be careful because google may tell you it is only 12 months, when it is actually 12 months and one day.

Question 8

How do I change my surname after divorce?

Accepted Answer

To revert to your maiden name or a previous surname after divorce, you can:

- Use your decree absolute (final order) as evidence to update records.
- Execute a deed poll to legally change your name.

Both methods are legally recognized in the UK.

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FAQs

Frequently asked questions

How do I start divorce proceedings?

How much does a divorce cost?

How long does a divorce take?

What are the grounds for divorce?

Do I need a solicitor for divorce?

Will I have to go to court?

Can I get a divorce if I’ve been married less than a year?

How do I change my surname after divorce?

Do I need to disclose all my assets?

WhatsApp
9am-10pm

FAQs

Frequently asked questions

How do I start divorce proceedings?

How much does a divorce cost?

How long does a divorce take?

What are the grounds for divorce?

Do I need a solicitor for divorce?

Will I have to go to court?

Can I get a divorce if I’ve been married less than a year?

How do I change my surname after divorce?

Do I need to disclose all my assets?

WhatsApp 9am-10pm

WhatsApp
9am-10pm