How does the divorce process work?

The divorce process usually requires both you and your ex to take several actions. In brief, this involves submitting the divorce application, waiting for the 20-week 'cooling-off' period which starts once the divorce is issued, then applying for the Conditional Order. Six weeks and one day later you can apply for the Final Order.

First, one of you (or both of you, if you are making a joint application) must make an application for the divorce. This person will be the applicant. These days, most people apply online using this link. The divorce fee, payable at the end of the process, is £593. Your application won’t go through until the fee has been paid. You may be eligible for help with court fees – to check, look here.

You will need to attach a scan or image of your marriage certificate, and a certified translation if you married abroad. If you’ve lost your marriage certificate, you can order a new one from the government website. To be eligible to apply for a divorce, you must have been married for more than 1 year, you must live in England or Wales, and you must have a copy of your marriage certificate.

Once your application has been received by the court and processed, it will be sent to your ex. They will then have to respond to the application by logging onto the divorce online system and completing an Acknowledgement of Service confirming that they do wish to get divorced. They will be the respondent to the divorce.

The next stage is to apply for a Conditional Order. You must wait for 20 weeks after your application is issued by the court before you can make this application. As long as you have made a joint application or your ex has completed the Acknowledgment of Service, after 20 weeks from the date of your divorce application being issued you can apply for a conditional order.

If your ex is not engaging in the process, you will likely have to take some additional steps, such as asking the court for an order allowing you to send the application to them at a difference address. If you are using the government's online system – you will be asked to fill out the Conditional Order application online.

At this point, a judge will consider your application and, if they agree that you are entitled to get a divorce because your relationship has irretrievably broken down, you will receive a ‘Conditional Order pronouncement date’. After that, you will receive a court order (the Conditional Order) setting out that you are entitled to a divorce. At this point, you are still married, but, if you have been working out your financial agreement with your ex, at this point you can send your consent order for approval from the court.

You need to wait at least 43 days (6 weeks and 1 day) after the date of the Conditional Order before you can apply to finalise the divorce and formally dissolve your marriage. You will be asked to fill out the Final Order application online. You can apply for a Final Order as a sole applicant, even if you started the divorce process jointly with your ex.

It is generally a good idea to apply within 12 months of getting the Conditional Order - otherwise you will have to explain the delay to the court.

Outside of the actual divorce, which legally dissolves your marriage, you may need to make decisions and agreements with your ex about how to divide money, property, pensions and debt, and how you are going to care for your children. These are three separate issues – (1) divorce, (2) financial arrangements and (3) children arrangements.

You can read more about these aspects of divorce and separation in this blog series. However, it is advisable to have your agreements documented in writing, and in the case of your financial arrangements made legally binding in a consent order approved by a court. Without a financial consent order, you may not be protected from your ex-partner changing their mind in the future, and if you don't get a consent order, your ex can still make financial claims against you (and vice versa) in the future, even after many years have passed.

If you would like to speak to Polly to talk your situation through, whatever it might be, please give her a call on 07775 894 910, leave her a message by clicking on the contact box below, or email her at polly@pollyjackman.com.