The divorce process in England and Wales has been streamlined in recent years, and the process is now simpler and straightforward.
Previously, you would need to provide a reason to the Court as to why you say your marriage has come to an end, which included examples of bad behaviour or a period of separation, which your ex-partner could contest. There is now no need to provide any reasons as to why you want a divorce, other than simply that your marriage has broken down irretrievably. The element of placing blame on one party no longer exists, meaning that the process can be more amicable.
Once a divorce application has been issued by the court, your matter will be placed into a 20-week reflection period, which is often used to deal with financial matters between the parties.
Following the end of the 20-week reflection period, and provided your ex-partner has replied to the divorce application, you will be able to apply for your Conditional Order (formerly Decree Nisi,), and a 6-week waiting period will follow.
If, for any reason, your ex-partner does not respond to the divorce application, additional steps may need to be taken to demonstrate to the Court that your ex-partner has received a copy of the divorce application and is choosing not to respond.
At the end of the 6-week waiting period, you will then be able to apply for your Final Order (formerly Decree Absolute).
The process from start to finish should take approximately 9-12 months, depending on the position with regard to your financial separation and any time spent waiting for the Court.
A Court fee is payable when the divorce application is submitted, and depending on your circumstances, you may be eligible for a full or partial reduction in the Court fee.
Our Family Solicitors can provide you with advice about this and support you with the application. Get in touch here.
Insights from Stacy Bruce
Family Associate Solicitor
