With effect from the 6 April 2022 a no fault divorce system was introduced into England and Wales so either party to a marriage or both parties can make an application for divorce.
To apply for a divorce the Applicant must confirm to the Court that the marriage has irretrievably broken down. It is no longer necessary or possible to cite one of the five facts of adultery, unreasonable behaviour, desertion or two or five years separation.
What happens next?
If you are instruct us to advise you in respect of obtaining a divorce we will draw up a divorce application and send it to you for approval. Once you have approved the application it is submitted to the Court via an online portal. Your spouse must then return the Acknowledgement of Service form that accompanies the divorce application sent to them by the court. They must respond with 14 days of receiving the application.
The standard method is to ask the Court to effect service of the application on your spouse. If the application includes an email address for them the papers will be sent to that e-mail address with a notice being sent through the post. If you do not have an e-mail address or you do not wish for them to receive the application by e-mail, you can request the documents are sent through the post only.
Conditional Order
Once your spouse has returned the Acknowledgement of Service (or it has been personally served) and 20 weeks has elapsed since the issue of the application you can apply for the Conditional Order (formerly known as the Decree Nisi). The application is then referred to an appropriate court official who checks that your application is technically correct. If satisfied the marriage has irretrievably broken down, a certificate will be issued to confirm that you are entitled to a Conditional Order and the court will allocate you a date for your Conditional Order. Although the Conditional Order is pronounced in open court, it is a formality and there is no need for you to attend.
Final Order
You must then wait a minimum of six weeks and one day from the date of the Conditional Order before applying for the Final Order. It is only once the Final Order is made that your marriage has legal ended.
It is often the case that we advise waiting until financial issues have been resolved before obtaining the Final Order.
Get in touch
Being prepared for your divorce will reduce associated stress and ensure you know exactly what to expect down the line. Our divorce solicitors can guide you through the entire divorce procedure and ensure everything has been considered along the way.
Our family law team will support and advise you on all issues relating to divorce law, financial matters and children. Don't leave things to chance, contact our experienced team today.
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