Are you thinking about divorce? Here’s what to know before starting:
- You must have been married for at least 1 year
- You must live in or have strong connection to England or Wales
- You’ll need your original or a certified copy of your marriage certificate
- Since April 2022, all divorces are ‘no-fault’ which means you only need to confirm that your marriage has broken down, instead of proving why.
- There is a 20 week cooling off period that allows you time to deal with your matrimonial finances. We are able to provide you with early advice on this.
- Divorces take place on a user-friendly online system
How long does a divorce take?
- Apply for Divorce – One or both spouses apply online or through the court.
- Acknowledgement of Service – The other spouse has 14 days to respond.
- 20-Week Cooling-Off Period – This is to allow time to reflect and agree arrangements for finances.
- Conditional Order – After 20 weeks, you can apply for confirmation from the court that the divorce can proceed. If the court agree, they will grant a conditional order. This is needed before applying for a Clean Break Order on finances.
- Wait 6 Weeks + 1 Day – This is a mandatory waiting period before the final step.
- Final Order – This legally ends the marriage. Only apply once financial matters are settled and a Clean Break Order is in place to protect your position as spouses whilst financial matters are resolved.
The minimum time frame is 26 weeks (around 6 months), but it can take longer if financial issues need resolving first.
If you need further advice or assistance with your matrimonial matter, you can contact the Family Department on 01530 510666.
