As of 6 April 2022, landmark reforms introducing “no fault divorce” came into force, meaning you do not now need to explain the reasons why are applying for a divorce – you simply have to ‘tick a box’ confirming the marriage has irretrievably broken down. These reforms simplified the divorce process but it can still seem like a daunting step with timeframes and terminology that can still confound. This article provides an overview of the process, highlighting the key areas for potential misunderstanding.
You can apply for a divorce as a sole applicant or as joint applicants with your spouse. Applying as joint applicants may make the process more amicable, which is useful when discussing matters separate to the divorce (such as issues relating to your finances or any children). The benefit of applying as a sole applicant is that, broadly speaking, you can progress each stage of the process in your own time. You can however start the process as joint applicants and apply to continue the application as a sole applicant if your spouse is not engaging.
The steps for each stage of the process are:
STEP 1: THE APPLICATION
· Sole applicant – complete the online divorce application form or send a hard copy by post. Your application will be sent to your spouse (the respondent) who will need to complete an acknowledgement of service form within 14 days. The fee to make this application is currently £593, and you need your original marriage certificate or a certified copy.
· Joint applicants – one of you will be ‘Applicant 1’ and the other will be ‘Applicant 2’. Applicant 1 will have to pay the court fee (currently £593), but you can agree between you how you will share the cost prior to or after applying.
NB – the divorce application asks if you intend to apply to the court for financial orders. Finances on divorce are separate to the divorce process outlined in this article, meaning you can tick “yes” but this does mean you have to apply for financial proceedings. Ticking “yes” simply indicates to the court and your spouse that you may apply at a later date if need be. You can discuss the financial aspect of your separation directly with your spouse, with the assistance of a solicitor or in mediation.
STEP 2: ACKNOWLEDGMENT OF SERVICE
· Sole applicant – once the divorce application has been issued (and accepted) by the court, the respondent will be asked by the court to complete an acknowledgment of service form within 14 days.
· Joint applicants – as there is no respondent, neither of you will need to complete the acknowledgment of service form.
NB –the acknowledgment of service form asks the respondent to confirm whether they intend to ask the court to delay the divorce until it is satisfied with their financial situation. If the respondent ticks “yes” this simply puts the court on notice that they may make an application to delay the divorce process if needed to ensure the finances are sorted first, but this does not mean they have to apply for this or will apply for this. For both parties, it is best that the final order in the divorce (which formally brings the marriage to an end) is not obtained until a consent/court order is made in respect of the finances. This is to preserve any entitlements each party has as a spouse (for example under a pension or any life assurance policies) while a financial agreement is being negotiated.
STEP 3: CONDITIONAL ORDER
· Sole applicant – after 20 weeks have passed from the date of the issued divorce application, you can apply for the conditional order which is the first order out of two in the divorce process. This ‘cooling off’ period is to encourage parties to discuss and negotiate their finances.
· Joint applicants – you can jointly apply for the conditional order after the 20-week cooling period has passed, or one of you may apply to switch to a sole application if the other party is not engaging.
STEP 4: CERTIFICATE OF ENTITLEMENT ANDCONDITIONAL ORDER
· The court will review the application for conditional order and, if granted, a certificate of entitlement to a conditional order will be made. This is a document confirming that the court is satisfied that you and your spouse are entitled to a divorce.
NB – the certificate of entitlement will confirm the date on which the conditional order will be made at a hearing. You do not need to attend this hearing as it is a purely administrative exercise.
STEP 5: FINAL ORDER
· Sole applicant – after 6 weeks and 1 day have passed from the date of the conditional order, you can apply for the final order (which formally brings the marriage to an end). The respondent does not need to formally respond to an application for a conditional order to be made final. If more than 3 months have passed from the date of the conditional order without the final order being made, the respondent will be able to make the application for the final order as well.
· Joint applicants – you can jointly apply for the final order after the 6 week and 1 day waiting period has passed, or one of you may apply to switch to a sole application if the other party is not engaging.
NB – as above, it is best that the final order is not obtained until a consent/court order is made in respect of the finances. This is to preserve any entitlements each party has as a spouse (for example under a pension or any life assurance policies) while a financial agreement is being negotiated. If the final order is applied for more than 1 year after the making of the conditional order, you will have to explain to the court the reason for this – usually this is due to delays with agreeing the financial settlement.
