To file for divorce in England and Wales you must have been married for over a year. As of April 2022, all that is now required in order to make an application for divorce, is to state that the marriage has broken down irretrievably. No further information in relation to this will be asked of you in the application.
The divorce process involves the following stages:
The application for a divorce can be made either solely by one party or jointly by the couple. The divorce application is then filed with the Court. A Court fee must be paid unless they are exempt or partially exempt from paying this fee.
As the divorce process is managed online, the Court will send details to the respondent so they are able to access the divorce application. Instructions are also provided to the Respondent to complete a Response to the Divorce Application. The Respondent is asked whether they agree to the divorce or whether they wish to dispute the proceedings. The Respondent has 14 days in which to complete and lodge the document online.
The parties must wait 20 weeks after making the divorce application before being able to able to apply for a Conditional Order. The Conditional Order is the first of the two-part Divorce Order. In the application for the Conditional Offer, it must be confirmed that everything in the divorce application remains unchanged and the party/ parties wish to proceed with the divorce.
Once 6 weeks have elapsed from the date the Conditional Order was made, the party/parties will be able to apply for a Final Order. This will bring the marriage to an end and at which point they are officially divorced.
Even if your divorce is amicable, it is a good idea to instruct a divorce solicitor to act on your behalf. There are many forms to complete as part of the divorce process, and your solicitor will make sure they are filled in correctly and submitted on time. Mistakes in paperwork can lead to rejection by the court, which means a longer, more drawn-out divorce process and further court fees.
Receiving a Decree Absolute ends a marriage, but it is separate from child arrangements and financial arrangements. Your divorce solicitor will be able to advise you about this. It is sensible to sort out financial matters at the same time as divorce or soon afterwards because otherwise, there is nothing to stop your ex-spouse from claiming any future assets, inheritance or income you receive.
Our divorce lawyers in Birmingham have the knowledge and experience to provide you with expert guidance and representation. We will always answer any questions you have and ensure you understand each step of the process. With our support, you will be able to make difficult decisions so you can start to move forward with your life.
The Court fee payable upon issuing your divorce is currently £593.00. Depending on your financial circumstances, you may be exempt from paying the Court fee. If you do instruct Solicitors to represent you, there would be legal fees which usually are in the region of £600 - £1000 plus VAT.
This will depend on how busy the Courts are, but divorces can be finalised within six to eight months. Your ex-partner must engage promptly in order for your divorce to be finalised within this time period.
You can apply to obtain your marriage certificate from the Registry Office and a fast track service is available. There is a fee involved.
Divorces are usually dealt with online and Court hearings are not normally necessary. If, however, your ex-partner wishes to dispute the proceedings, he or she will have 35 days to do so from the date of receiving the application from the Court. The Court may list a short hearing to deal with this issue.
