The Step-by-Step Process of Divorce: From Filing to Resolution

Understanding the step-by-step process of divorce is essential for a smoother and less stressful experience. However, with the recent introduction of the No-Fault divorce process on 6th of April 2022, comprehending the new divorce procedures has become a challenge for many.

In this article, we will explain the whole process of divorce, covering everything from the first paperwork to resolution. This information should be used as a general overview of the divorce process, if you’re looking for legal advice tailored to your situation, we would recommend reaching out to one of our family lawyers here at Taylor Bracewell. 

Who can initiate Divorce Proceedings?

In the process of getting a divorce, one party usually takes the first step, known as the Applicant. However, it is also possible for both parties to apply together in what’s called a joint application if they both agree to it.

With the introduction of the No-Fault Procedure, there is now only one ground for divorce, which is that the marriage has irretrievably broken down. This means there is no need to place blame on one party and you can’t seek to recover the divorce costs from the other party anymore. It is worth noting that divorce can no longer be defended but there are limited circumstances in which it can be disputed, such as questions about the Court’s jurisdiction, the validity of the marriage or whether the divorce has already been legally finalised.

Step-by-step breakdown of initiating Divorce Proceedings

1. Application & Response – The first step in issuing divorce proceedings is by applying for a Divorce Application at the court, this is completed by the Applicant (formerly known as the divorce petitioner). There are two ways this can be completed, via the online portal or by post. Once the divorce has been issued there will be a 20 week cooling off period before you can apply for a Conditional Order, which used to be known as the Decree Nisi. The courts will send a copy of the Divorce Application to the other party (known as the Respondent) together with an Acknowledgement of Service, which they will need to complete and return to Court. However, if the Respondent fails to return the Acknowledgement of Service then the Applicant will need proof that the Application has been received prior to applying for the Conditional Order. Once the Court receives the Application for a Conditional Order they will examine the same and a date will be given for this, however, there is no need for the parties to attend Court.
2. Reflection Period – Once your application and response has been received by the court, your divorce enters a 20-week ‘reflection period’ often referred to as a cooling off period. During this time, it is advised that you consider other aspects of your marriage such as property, finances, pets and children. An agreement does not need to be reached in order to proceed with the divorce, however, settling issues, where possible, early in the divorce proceedings can ensure a smoother and quick process. If an agreement is reached between you and your ex-spouse we would recommend you get everything written into a formal agreement. This ensures that you are both agreeing to a legally binding agreement and can avoid court proceedings in the future. Our family lawyers can assist you in coming to an agreement with your ex-spouse; they can help in ensuring your finances are protected, property divided fairly and ensure children are considered for appropriately.
3. Applying for a Conditional Order – Once the 20-week cooling off period has been sorted, you can apply for a Conditional Order. A Conditional Order is a certificate that acts as confirmation from the court that there is no reason you cannot proceed with the divorce.
4. Court grants the Conditional Order – At this stage, you will get a response from the courts in regards to your Conditional Order. If granted, the courts have essentially approved your divorce. However, it is still important to note, you are still legally married at this stage and, despite having an approved Conditional Order, a Final Order is required to end your divorce.
5. Apply for Final Order – At this stage, the Applicant can also apply for the Final Order (formerly known as the Decree Absolute). The Final Order document is a legally binding document that ends your marriage. The divorce process will therefore take around 6 and a half months, if the Respondent cooperates. If the Applicant does not apply for the Final Order, the Respondent can apply 3 months after the date when the Applicant could have first applied.
6. Courts grant the Final Order – Once the court have received the final order, they will then review it. If approved the courts will grant you with the Final Order, which means you are officially divorced. This process typically takes 24 hours from the date that the Final Order was submitted.

How can Taylor Bracewell’s family lawyer’s help?

Our team of experienced family lawyers are here to assist you every step of the way. Whether you are dealing with issues related to property, finances, or children, our professionals can help you navigate the complexities of divorce while ensuring that your rights and interests are protected. We understand that divorce can be a challenging time, but with the right legal support, you can move forward confidently.