When a marriage goes sour it’s important to know when to call it a day.
A new life on your own can be daunting but it’s better than living out a failed relationship day-to-day.
Solicitors make a lot of money from divorce cases, as most people in the UK don’t know how to get a divorce without their assistance.
To get a divorce in England and Wales your marriage must have lasted at least 12 months and you’ll need to see England or Wales as your permanent home or be domiciled in England or Wales if you live abroad.
In the UK there are 4 steps or stages you need to take in order to obtain a divorce. We’ve outlined the divorce process you need to follow below.
4 Steps To Filing For Divorce
- Find valid grounds for divorce
- File D8 divorce petition at court
- Apply for decree nisi
- Application for decree absolute
1. Find valid grounds for divorce
To file for divorce your marriage must have irretrievably broken down by establishing one of the five available ‘facts’.
2. File the divorce petition
This is a sort of application for court permission to divorce, and reasons must be provided as to how the relationship has broken down and why you want it to be over.
3. Apply for a decree nisi
If your partner concurs with the divorce petition then you will receive a decree nisi, which confirms that there’s no good reason why you can’t divorce. “nisi” is Latin and means “unless”.
The judge will set you a nisi pronouncement date, which will then allow you to move onto the final step in the divorce procedure.
4. Apply for a decree absolute
You have to wait six weeks after the decree nisi is received before you can apply for a decree absolute, which legally ends the marriage.
It’s becoming increasingly common for couples to arrange their own divorces without the assistance of costly solicitors.
This can be achieved if the couple can reach agreement on a number of issues, including the reason for the divorce, how childcare will be distributed, and how money, property and possessions will be divided.
If partners can agree on these key matters then a court hearing won’t be necessary and a DIY Divorce is a very quick, easy and affordable way to resolve your divorce.
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Grounds for Divorce in the UK
In order to apply for a divorce you need to explain why it should be ended. There are five accepted grounds for divorce in the UK:
If your husband or wife has had sexual intercourse with someone of the opposite sex, this is considered justified grounds for divorce, as long as you divorce within 6 months of discovering the infidelity.
Unreasonable behaviour could include physical violence, bullying or verbal abuse, drink or drug abuse, financial disagreements or unfaithfulness.
If you can’t put up with it any longer, these are reasonable grounds for divorce. We’ve compiled a list of all potential behaviours that can be used to get a divorce, simply click below.
If your partners leaves you this is considered a legitimate ground for divorce.
This could be if they leave without your approval, without a reason or to end the relationship.
You need to be separated for at least two of the last two and a half years, and you must both agree to the divorce in writing.
If you have been living separately for more than five years then you will usually be granted a divorce, even if both parties don’t agree on it.
If you have been divorced 2 years and both parties are in agreement to the divorce you will be able to get a divorce in an amicable and efficient manner.
If there isn’t agreement to the divorce, you’ll need to wait for 5 years of separation when you don’t need your spouses agreement to divorce.
However, you will need to know their address so the divorce petition can be sent to your spouse, otherwise the process becomes longer and more expensive.
Filing a divorce petition
When you file a divorce petition form, you must include you and your spouse’s full name and address, a copy of the marriage certificate as well as the names and dates of birth of any children, even if they are grown up.
If your partner has been unfaithful and the person who they have been unfaithful with is named in the document they will receive copies of the paperwork once filed.
When you submit the divorce petition there will be a £550 court fee to start a divorce, although you may be able to get state help with this if you’re on certain benefits or a low-income.
Divorce-Online can deal with your divorce for just £189 fixed fee.
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Download our Free Guide To Getting a Divorce Online
Learn how to get a divorce without needing to instruct a solicitor by downloading our detailed guide.
Our guide will help make you feel confident about filing for divorce.