Divorce can be a complicated and emotional process, but in the UK, recent changes have simplified proceedings. For instance, no-fault divorce was introduced in April 2022, removing the need to assign blame.
This shift drastically reduces conflict and makes the entire divorce process more amicable. If you’re trying to navigate your divorce smoothly, keep reading our short guide.
Confirm eligibility and prepare for divorce
Before beginning divorce proceedings, you need to ensure that you and your partner are eligible to get divorced. This means you must be married for at least one year, living in England or Wales, and your relationship has permanently broken down. If you live in Scotland or Northern Ireland, there are different processes you need to follow. Additionally, if you’ve been married for less than 1 year, you may be better off seeking an annulment.
We recommend gathering key documents as soon as possible, as this can help to streamline a process which typically takes at least 7 months. Some key documents include your marriage certificate and any financial records.
Decide on a sole or joint application
There are two main types of divorce applications: sole or joint. If the divorce is amicable, then a joint application may be your best bet, especially as it can reduce conflict. With a joint application, you both must agree to get a divorce, and you will both have to use the same application method (either online or via post).
If only one party believes there should be a divorce, or you do not think your partner will cooperate, then you will need a sole application. While a joint application can be easier, it’s not possible for every couple.
Apply for a divorce
To apply for your divorce, you’ll need to visit the GOV.UK website and present several documents. These include:
- Full names and addresses of both parties (you and your partner)
- Your original marriage certificate (or a certified copy)
- Proof of any name changes
There is also a £612 fee when you apply for divorce, although the payment methods can vary. There is also financial support for those on benefits or low income, and we recommend you make full use of it if needed.
Seek legal advice from family law solicitors
Of course, even if the process is amicable, it can still be confusing and take an emotional toll. Don’t be afraid to seek advice from family law solicitors, as they can help you fully understand your rights and responsibilities.
A reputable solicitor will be able to help with everything from financial settlements and child custody to legal documentation, ensuring the process runs as smoothly as possible.