How to file for a divorce in the UK?

Since 6 April 2022, filing for divorce in the UK has changed significantly due to a change in the much-anticipated implementation of the ‘No Fault Divorce’ procedure. Prior to 6 April 2022, the applicant would either need to apportion blame as to why the marriage was ending, to show that the marriage had broken down irretrievably or wait for a period of 2 or 5 years post-separation depending on whether or not your spouse would agree to the divorce proceeding.  Since ‘No Fault Divorce’, you only need to confirm that the marriage has irretrievably broken down. So how do you file for divorce?

The first thing you must do is check that you meet the requirements which are as follows:

• Your marriage has broken down irretrievably.
• Your marriage has lasted for at least one year.
• Both you and your partner meet the jurisdiction requirements for proceeding with a divorce in England and Wales.

Once you have checked that you meet all of the requirements, you need to gather all of the necessary information to apply for divorce. The necessary information is below:

• The full names, dates of birth and addresses of both you and your partner.
• A scanned full colour copy of your original marriage certificate or a certified copy.
• A certified translation of your marriage certificate, if it is not in English.
• Proof of any name change if you have changed it since your marriage, for example, by deed poll.

Now that you have all of the necessary information and meet all the requirements, you will need to decide if you will be making a joint or sole application. The difference between the two is that a joint application refers to Applicant 1 and Applicant 2. A sole application refers to an Applicant and Respondent.  A joint application requires you both to complete the initial form to start the process together, whereas a sole application requires just the Applicant to complete the initial form which is then sent to the Respondent to acknowledge. It is worthwhile noting that where a joint application is made, either Applicant 1 or Applicant 2 can switch the application to a sole one, however a sole application cannot be changed or converted back to a joint application.

The divorce process is now online through MyHMCTS Divorce Portal. You will need to create an account and sign in using your email address and password. Once you have logged in you can then begin to draft your divorce application. Part of the application asks you to provide specific details e.g. names on the marriage certificate and the place of the marriage. It is important to ensure these details are included in your application exactly as they appear on the marriage certificate.

Once you have drafted your application and are ready to submit it, there is a court fee of £612 which can be paid online by the applicant in a sole application or applicant 1 in a joint application.

Upon submitting your application, you will then receive notification from the court, usually via email, confirming that your application has been issued. If you completed a sole application, your spouse will be served by the Court with the papers and asked to complete an ‘Acknowledgement of Service’ which is a chance for them to respond to the application. If however, you completed a joint application, both of you will be served.

The Court will then issue your application, and your divorce enters a 20-week waiting period from the date of issue. This is a key part of the divorce process as it allows both you and your spouse to negotiate and agree a financial settlement alongside the period of reflection.

You will receive notification from the Court once your 20-week waiting period has ended, you are then invited to apply for your Conditional Order. This is a key stage in the process as it means that the Court has jurisdiction to grant a financial order but does not formally end the marriage. In order to apply for your Conditional Order, you need to log back in to the court web portal MyHMCTS Divorce Portal and confirm your intent to apply for Conditional Order. The Court will then review your application before passing it to a Judge who considers the application and if satisfied, will grant your Conditional Order.

Your case then enters into another waiting period of 6 weeks. At the end of this waiting period, you will receive another notification from the Court that you are now eligible to apply for your Final Order.

It may be advisable not to apply for the final order until you have reached and are in receipt of a sealed financial agreement. Once you are in a position to proceed, you can then log back in to the court web portal MyHMCTS Divorce Portal and confirm your intent to apply for your Final Order. Again, your application will be considered by a Judge, who will approve and grant your Final Order.

Once you have received your Final Order, this means that your marriage has been ended, and your divorce is also finalised.

Darcy Gee is a Paralegal in our Horsham Office.