Uncontested Divorce – How Much Does It Cost in the UK?
Table Of Contents
What is an Uncontested Divorce?
An uncontested divorce is simply just a divorce, regardless of the reason for divorce, but where both parties agree to not formally defend the divorce.
An uncontested divorce is typically cheaper and enables couples to finalise their divorce from beginning to end in around 7 months.
Up until April 2022, the vast majority (90%) of all divorces filed in England and Wales were uncontested.
Without a doubt, agreeing to an uncontested divorce was the quickest, most convenient, and by far the cheapest way to divorce in England & Wales.
The Divorce, Dissolution, and Separation Act 2020 became law on 6th April 2022 and drastically reformed the divorce process by removing the concept of fault with the aim of simplifying the proceedings and helping couples avoid unnecessary acrimony.
Therefore, it is no longer necessary, or even possible, for either party to prove ‘fault’ to obtain a divorce.
This part of the new no-fault divorce is intended to end the ‘divorce blame game’ and more importantly, for some, it also means not having to wait at least two years before getting divorced.
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Can a divorce be contested by my spouse?
Under the previous divorce law (prior to April 2022), the person applying for a divorce needed to cite their spouse’s behaviour or use a period of separation as the reason for the divorce. Their spouse could contest these reasons and potentially delay or even prevent a divorce.
However, under the new no-fault divorce law, the ability to contest a divorce has been removed.
This doesn’t mean that you can get an instant divorce, a quick divorce in 2023 will complete within 6-7 months.
Being able to contest a divorce is one of the key changes to the new divorce law, which means that a divorce will now be granted by a Judge based only on the irretrievable breakdown of the marriage.
You can now get divorced in England or Wales if all the following are true:
- You have been married for over a year
- Your relationship has permanently broken down
- Your marriage is legally recognised in the UK (This also includes same-sex marriage)
Has no-fault divorce made it easier to get an uncontested divorce?
It is generally accepted that no-fault divorces better reflect modern relationships.
You can apply online for a divorce, which is easier than the former postal service.
There is also the ability to submit a joint application for divorce with your spouse.
Previously the five ‘grounds for divorce’, one of which needed to be specified as evidence of the irretrievable breakdown of the marriage did not fit with the real reasons for divorce.
Furthermore, insisting on the apportionment of blame for marriage breakdown could hinder the divorcing parties from reaching a divorce settlement and may have been detrimental to mediation, as well as affecting any children involved.
The new law has retained the irretrievable breakdown of a marriage as the sole ground for divorce.
However, the requirement to specify one of the five grounds for divorce has been replaced with a simple ‘statement of irretrievable breakdown’ – thereby abolishing the requirement to administer any blame.
The basis of no-fault divorce remains the same: divorce is only possible when a marriage has irretrievably broken down.
Here’s why you should consider using our Online Divorce Service for £199;
- More affordable – you’ll save over £750 on the cost of your divorce
- No complicated form filling – we do this all for you
- Stress-free – there is less acrimony involved with no-fault divorce cases
- Everything can be done online – 24/7 online case access to track each step of your divorce
- No court attendance required – no court appearance, time off work, or knowledge of legal procedures is required
Do you need the help of a solicitor to file for divorce together?
There is no legal requirement to instruct a solicitor when getting a divorce.
In fact, there are numerous benefits to getting a divorce online when compared with instructing solicitors.
Solicitors are often used by couples as a way of receiving professional legal advice on their options and financial position.
If both parties are in agreement to divorce and have discussed their finances together, solicitors are rarely needed.
If you have complex financial decisions and/or can’t come to an agreement with your ex-husband or wife, then instructing a solicitor to help is sensible.