Understanding Divorce Process in the UK

Divorce can be complex, both emotionally and financially. If you’re considering divorce, understanding the process, timelines, and legal steps can help you prepare.  Below is a number of frequently asked quesitons around divorce:

Time-Related Questions

• How long does it take to get divorced in the UK?
• How long does a no-fault divorce take?
• How long do you have to be separated before divorce in the UK?

Process-Related Questions

• What are the steps to getting a divorce in the UK?
• Can I get divorced without a lawyer or solicitor?
• What is the no-fault divorce process in the UK?

Grounds for Divorce

• What are the grounds for divorce in the UK?
• What is no-fault divorce, and how does it differ from fault-based divorce?

Rights and Entitlements

• What am I entitled to in a divorce in the UK?
• Does adultery affect my divorce in the UK?
• Who pays for the divorce if adultery is involved?

Legal and Historical Context

• When was divorce legalised in the UK?
• What are the current divorce laws in the UK?
• How have divorce laws changed with the introduction of no-fault divorce?

Specific Situations

• Can my spouse divorce me without my consent in the UK?
• What happens if one party doesn’t agree to the divorce?
• What are the rules for divorce after 2 or 5 years of separation in the UK?

Miscellaneous Questions

• What do divorce papers look like in the UK?
• Do I need a solicitor to get a divorce?
• Does being divorced affect my taxes in the UK?

How long does it take to get divorced in the UK?

When it comes to ‘how long does divorce take in the UK’, it can take a minimum of 6 months. However, this length of time can vary, depending on:

• Whether both parties are in agreement with the divorce settlement terms
• Whether any children are involved as maintenance has to be legally decided
• How complex the financial settlement is
• Whether there are internal delays in the court’s process
• Whether any mediator or negotiator needs to be employed

How long does a no-fault divorce take?

Many couples about to go their separate ways wonder ‘how long does a no fault divorce take?’

A no-fault divorce may take at least 6 months to finalise. This includes the mandatory 20-week cooling off period between the initial application submission and the Conditional Order. This period is followed by another period to allow the court to reach a Final Order, which effectively ends the marriage.

With the above in mind, the time frame for ‘how long does a no fault divorce take’ can vary depending on not only the case’s complexity but also if outstanding issues need to be resolved, such as financial settlement issues or children’s custody and maintenance.

How long do you have to be separated before divorce in the UK?

Previously, how long you have to be separated before divorce in the UK depended on a multitude of factors if you used this reason for divorce . However, as of April 2022, you don’t need to be separated for specific timeframe in order to get divorced, due to the “no fault” divorce law.

What are the steps to getting a divorce in the UK?

Getting a divorce in the UK is fairly straightforward:

1. Seek professional support and advice before considering a divorce, such as speaking to a solicitor, as matters can often be settled without a divorce.
2. Check to see if you are eligible for divorce..  Have you been married for 12 months.  Are you resident in England or Wales.
3. Make any necessary arrangements for children, property, and money. This should ideally be done with the professional insight and guidance of a solicitor as you will need to carefully consider how to divide the various assets or wealth, and provide care as well as maintenance for your children.
4. Apply for a divorce. You can either apply through post or online.
5. Apply for a Conditional Order. This is a provisional approval for your divorce.
6. Apply for a Final Order. This document effectively ends the marriage.

Can I get divorced without a lawyer or solicitor?

“Can you get divorced without a solicitor” is one of the most common questions we get here at Hugh James!

Yes, it is possible to get a divorce without a solicitor or lawyer. It’s called a DIY divorce. However, before you can proceed, you need to make sure that:

• You have been married for at least a year.
• Your marital relationship has irretrievably broken down.
• Your marriage is recognised legally in the UK, even if you got married outside the UK.
• You are not damaging your rights to seek financial settlement.

What is the no-fault divorce process in the UK?

Wondering how to apply for a no fault divorce?

The ‘no fault’ divorce process in the UK works as follows:

• Apply – One or both parties can forward a divorce application to the court, along with the necessary details, such as the names and addresses of both individuals and the marriage certificate.
• Mandatory cooling-off period – Both parties are required to go through a waiting or cooling-off period to allow for some reflection and potential for reconciliation.
• Conditional Order – Following the mandatory waiting period, a Conditional Order is issued by the court to indicate that the no fault divorce process is now moving forward.
• Final Order – Once the waiting or cooling-off period is over, the court issues a Final Order, which effectively dissolves the marriage.

What are the grounds for divorce in the UK?

The grounds for a divorce in the UK are not that many; in fact, it’s just one:

The marriage has irretrievably broken down after which one or both parties may seek closure by dissolving the marriage.

On the subject of grounds for divorce in the UK, remember that:

• You need to be married to your partner for a minimum of one year.
• Your marriage needs to be legally recognised in the UK (even if you got married abroad).
• If your spouse doesn’t agree, you can still file for divorce as long as you have lived apart for more than two years (without consent).
• You can also file for divorce if your spouse doesn’t agree, if you have lived apart for five years (with consent).

What is no-fault divorce, and how does it differ from fault-based divorce?

Prior to April 2022, the divorce system in the UK was based on the concept of ‘fault’. This meant that for any individual or couple to secure a divorce without any statutory delay whatsoever, one party needed to initiate proceedings based on an alleged fault on behalf of the other. The court would then establish the ‘fault’ based on any one of the five reasons:

• Adultery
• Unreasonable behaviour
• Desertion for a minimum of two years
• Living separately for at least two years without both parties’ consent
• Living separately for at least five years where at least one party consented

The law changed after April 2022, meaning that the need to prove ‘fault’ of the other party was removed. The ‘no fault’ divorce law meant that either party or both could file for divorce as long as the marriage has broken down irretrievably and now the only option left is a dissolution.

What am I entitled to in a divorce in the UK?

According to current divorce rights in the UK, you may be entitled to:

Property/Assets – This may include a share of the family home, savings and investments, and other properties or assets. You may also receive a share of your spouse’s pension.

Liabilities – This includes debts and loans as well as credit cards which must be factored into the settlement.

Maintenance – You may receive spousal maintenance if the divorce has compromised your financial independence.

Non-matrimonial assets – This can include businesses, inheritance, and assets owned prior to the marriage but may not be subject to division.

Does adultery affect my divorce in the UK?

So, your husband committed adultery and you want to know ‘what are my rights in the UK’?

Irrespective of who committed adultery, here’s how it can affect the divorce:

Adultery actually does not affect a UK divorce in any way, not since April 2022, anyway, as that’s when the no-fault rule was introduced. Therefore, you don’t need to cite a reason (like adultery) to file for divorce.

Who pays for the divorce if adultery is involved?

When it comes to “divorce adultery who pays in the UK”, it is the person applying for the divorce who must pay the application fee, even if adultery was involved. Furthermore, each person needs to pay their own legal fee.

Also important to note is the fact that both parties must pay their own solicitor’s fee and if a joint divorce application was made, then the application fee can be split between you and your spouse.

When was divorce legalised in the UK?

Divorce was legalised in the UK in 1857, as per The Matrimonial Causes Act passed in England and Wales, allowing couples to seek a divorce through civil courts instead of going solely through the church.

What are the current divorce laws in the UK?

The current divorce laws in the UK are based on the “Divorce, Dissolution, and Separation Act of 2020. This came into effect on April 6, 2022 and includes the ‘no fault divorce act’.

How have divorce laws changed with the introduction of no-fault divorce?

Since the introduction of the ‘no fault divorce’ legislation, new divorce laws in the UK have affected how couples seek divorce. Here are the key points about the change:

• Couples are no longer required to cite specific reasons to get a divorce, such as desertion, adultery, or unreasonable behaviour. As long as the marriage is deemed to have irretrievably broken down, either party can file for divorce.
• Under the new divorce laws in the UK, both parties can jointly initiate the divorce process.
• Since the need to prove fault no longer exists, the new system seeks to decrease animosity and legal battles among both parties.

Can my spouse divorce me without my consent in the UK?

“Can my husband divorce me without my consent in the UK” is a common question than many British women find themselves asking when going through a rough patch in their marriage.

Yes, here in the UK, your spouse can, in fact, divorce you without any consent whatsoever, and this is due to the no-fault divorce law which was passed in April 2022.

This means that either party (and not just your husband) can initiate the divorce application by simply stating to the court that the marriage has irretrievably broken down.

However, the process may not be straightforward if the other party does not respond.  If this occurs, you contact us for advice.

What happens if one party doesn’t agree to the divorce?

Divorce without consent is legal in the UK, even if one party doesn’t want the divorce. The process will still move forward as per the no-fault divorce legislation. So, this means you can get a divorce even if your spouse disagrees, refuses to cooperate, or doesn’t want to sign the divorce papers.   However, additional steps may be required.

Keep in mind, however, that you may need to take additional legal steps (such as seeking dispensed service) if your spouse tries to avoid receiving or acknowledging the divorce documents.

What are the rules for divorce after 2 or 5 years of separation in the UK?

Many people considering a legal separation have questions around: “Divorce after 2 years or 5 years, what am I entitled to in the UK?”

At present, there is no “rule” in the UK regarding divorce after 2 or 5 years of separation. As per current law, divorce can only be sought on a ‘no-fault’ basis – meaning that if your marriage has irretrievably broken down, you can seek a divorce through court.

Therefore, as long as you have been married for at least a year, the older rules for being separated for at least 2 or 5 years to get divorced, no longer apply.

What do divorce papers look like in the UK?

Divorce papers in the UK are referred to as a “application” or “Form D8”, which is a legal document outlining the details of the marriage. It also states the reason or intention for divorce, which includes the respective names of both parties, the date of their marriage, and the underlying reason for the marriage (currently referred to as ‘irretrievable breakdown’ as per the no-fault divorce law).

This document must also have the contact details of both parties and may also include information on whether the applicant wants to seek a Financial Order for the division of assets.

Do I need a solicitor to get a divorce?

No – BUT while a solicitor is not explicitly needed to get a divorce, you might want to consider seeking expert legal advice early on, particularly if the other party is not in agreement, or if there are complex financial and/or child arrangements  to deal with.

Even if there are no such issues involved, a solicitor specialising in UK divorces can help push the process forward, allowing for a faster outcome, and ensuring that you get a fair settlement.

Does being divorced affect my taxes in the UK?

“Do I pay less tax if I am divorced?”

Many people going through a divorce wonder the exact same thing!

No, you do not need to pay any taxes on lump sums you receive as part of your divorce settlement, at least not right away. Here’s how it works:

Didn’t find the answer you were looking for? No worries, our friendly team of solicitors are always available to answer any questions you may have, whether you are going through a divorce or considering one: 033 3016 2222.