Can I get a Divorce?

The decision to get a divorce is not an easy one, even when it’s mutual between you and your partner. With our support, your divorce can be completed as smoothly as possible, and we’ll guide you every step of the way.

Can I get a Divorce?
In the UK, if you’ve been married for over a year but the relationship has broken down, you may apply for a divorce. This only applies if your marriage or civil partnership is legally recognised, and you have the appropriate documentation.

There are two types of divorce: A joint divorce application involves you and your partner mutually applying to separate. The alternative is to make the application on your own and serve your partner with divorce papers.

Divorce should always be a final option, but if you decide it’s the best decision, here’s how to get a divorce:

How to get a Divorce
To apply for a divorce, you need the following:

• Yours and your partner’s full name and address (both addresses if you are living separately)
• Your original marriage certificate or a certified copy (this must be translated if you were married outside of the UK)
• Proof of your name change (if appropriate) – this can be part of the marriage certificate or a deed poll

We can help you with gathering these documents.

How long does it take to get Divorced?
The time it takes to get divorced varies from case to case. In April 2022, ‘no-fault divorce’ was introduced, which means that the minimum length of time a divorce takes is 26 weeks.

The main factors that affect this are whether you sign a joint divorce application, and if there are any issues regarding financial arrangements and childcare. If you choose us as your solicitors, we’ll ensure the process is completed as quickly as possible.

The Process of getting a Divorce
Before you begin the process of getting divorced, you’ll need a solicitor. That’s where we come in. We will meet with you and establish the exact situation of your divorce so we can proceed appropriately.

Step 1 – Application for Divorce
The first part of the divorce proceedings is to file for the divorce in court. Once again, this can either be a joint application with you and your partner or done alone.

Step 2 – Notifying the Respondent
If you are not applying for a joint divorce agreement, the court will send the application to your respondent (your spouse or partner).

Step 3 – Acknowledgement of Service Form
When your spouse or partner has received the divorce papers, they must respond by sending a completed acknowledgement of service form to the court.

Step 4 – Confirmation of Acknowledgement
You will receive an acknowledgement of the service form from the court.

Step 5 – Application for Conditional Order
20 weeks after the application is successful, you may apply for a conditional order. This is permission from the court to proceed with your divorce.

Step 6 – Conditional Order Granted
If the judge, after considering your divorce application, is satisfied that the grounds for divorce are met, they will grant a certificate of entitlement with a date for conditional order.

Step 7 – Application for Final Order
6 weeks and 1 day after the conditional order is granted, you can apply for the final order and dissolve the marriage. If you fail to apply at this time, you will have another opportunity to do so after an additional 3 months.

Step 8 – Final Order Granted
When the final order has been granted, you are legally divorced or have been dissolved from your civil partnership. This is not the end of the proceedings however, as there are still financial agreements to settle.

Organising Finances after a Divorce
After the divorce is finalised, there are still financial matters to settle with your ex-partner. This includes:

• Dividing Assets, including property
• Dividing Pensions
• Dividing Savings
• Maintenance Payments for Children etc.

The assets you will have to divide, and the payments you may be required to make, vary from case to case. With MBH solicitors, we make sure you get all you are entitled to and help you to fully understand how it all works.

The length of time this process takes is dependent on you and your now ex-partner. If you agree to split finances and assets together, the process is much faster. But if there are any disputes, this can delay the process and will require court proceedings.

If you both agree on how everything should be split, you will need to apply for a consent order to make it legally binding. If you don’t, a hearing will be held, and a financial order will be issued.

During this part of your divorce, it’s important to have a solicitor you trust. We take time to understand you and your situation, developing a relationship that makes the process easier for everyone involved.

Child Custody after Divorce
The most important part of a divorce is organising care for any children or dependants you may have.

‘Child custody’ is a term no longer used for these proceedings, as it is important for children to have a fair and equal relationship with both parents. A Child Arrangement Order will be issued to legally secure where they will live, and how much contact they will have with their other parent.

If both parties agree in this, no court proceedings are needed. However, if there is a dispute, we will help with the Child Arrangement Order and organise fair child support payments.

Where do Children live after a Divorce?
After a divorce, one party will move out of a family home if they haven’t already. Any children will usually remain in the family home with the parent that remains. This is beneficial as it means there will be minimal disruption to their lives.

However, if the family home is being sold, the children will either live with one parent or be split between two homes.

We can help you find which arrangements are best for you and your family and help them adjust to their new situation quickly.

How Much does getting a Divorce Cost?
If you’re getting a divorce, there are a number of fees that need to be paid to the court, as well as our own. These fees vary from case to case, depending on what the proceedings are and how long they take.

Unfortunately we cannot provide general estimations, but if you contact us for a consultation, we can give you a clear idea of the overall cost(s).