How to: Get Divorced.

In our article, How to: Not Get Divorced, we met Julia and John, a couple married for 15 years with two children who have decided to end their marriage after attempts at reconciliation.

After considering our advice, in which we suggested various alternatives to divorce, Julia decides to proceed.

Divorce

There is only one ground for divorce, that being that the marriage has irrevocably broken down. The couple must have been married for at least a year (which is clearly the case for John and Julia) and the court must have the relevant jurisdiction. As John and Julia have always lived and worked in England, the court has jurisdiction here.

There is no requirement for Julia to evidence the breakdown of her marriage with John because it is a no-fault process, designed to remove animosity amongst couples.

We will advise Julia that there are two ways for her to apply for a divorce: solely or jointly.

Sole Application

In a sole application, Julia would be referred to as an applicant and John will be the respondent.

We will:

  • Complete a draft of Julia’s online divorce application using the portal, My HMCTS, by providing details of the marriage and separation.
  • Write to John to inform him of our instruction, explain that a divorce application will be made and provide a copy of the draft divorce application for John’s comment (requesting a reply within a period of time). We will also suggest that John seek independent legal advice.
  • Once John has confirmed there are no errors in the application (or if John fails to reply), we will upload the marriage certificate to MyHMCTS, finalise the application and arrange payment of the court fee in the amount of £593[1] (which Julia would have previously paid on account).
  • We will ask Julia to review the final application and confirm that the content is accurate before she signs a statement of truth on Julia’s behalf.

Once submitted the court will administer the application (or “issue” the application) and, within 28 days, the court (or this firm, if Julia prefers) will send the application directly to John.

John will be required to acknowledge service of the application within 14 days. This is a form that John must complete to confirm he has received the application and indicate whether he intends to contest the application.

It is rare for a party to contest an application and there are limited grounds for doing so (for example, where the marriage is invalid or the court of England and Wales does not have jurisdiction). It is unlikely this would occur in Julia’s case.

At this stage, we will advise Julia that this firm write to John to start discussions in respect of the financial remedy (i.e. how the matrimonial finances – including assets, liabilities and income – will be divided upon divorce). This is a separate process to the divorce application and can take some time to finalise.

20 weeks after issue of the application, Julia can apply for a conditional (divorce) order. This does not dissolve the marriage but simply affirms that Julia and John are entitled to a divorce.

6 weeks and 1 day following the pronouncement of the conditional order, Julia can apply for a Final (Divorce) Order.

If Julia does not apply for the Final (Divorce) Order within 3 months of the date of the conditional order, John may apply.

Joint Application

In a joint application, both Julia and John will be the applicants. If John fails to engage or does not wish to proceed as a joint applicant, it can later be changed to a sole application.

As Julia’s solicitors, we will:

  • Complete a draft of Julia’s online divorce application using the portal, My HMCTS, by providing details of the marriage and separation.
  • Write to John to inform him of our instruction, explain that a divorce application will be made and request his agreement to be a joint applicant. We will also suggest that John seek independent legal advice.
  • Once John has confirmed he is happy to proceed, we will draft the application using MyHMCTS and send the application to John via the portal for his review and comment. John (or his representative) may amend or add details to the application before formally submitting his response via the portal.
  • We will review John’s comments (if any), relay the same to Julia and advise on any implications of the same.
  • Once the application is agreed, we will ask Julia to review the final application and confirm that the content is accurate before we sign a statement of truth on her behalf. John, as joint applicant, will also be required to sign the statement of truth.
  • John and Julia may agree to divide the payment of the court fee (i.e. John may agree to pay 50% of the fee to this firm before the application is formally submitted). In either case, we will then arrange payment of the court fee in the amount of £593[2].

Once submitted, the court will send a notice of proceedings to Julia (via this firm) and John (via his representative).

Both must acknowledge receipt of the notice within 14 days of issue.

20 weeks after issue of the application, either Julia or John can apply for a conditional (divorce) order. This does not dissolve the marriage but simply affirms that Julia and John are entitled to a divorce.

6 weeks and 1 day following the pronouncement of the conditional order, either Julia or John can apply for a Final (Divorce) Order.

Whether by sole application or joint application, we will strongly advise that the Final (Divorce) Order is not applied for until the financial proceedings are finalised.

The Final (Divorce) Order formally dissolves the marriage. Julia and John are no longer legally married.

 Professional Advice

The process appears relatively simple and it is one that parties often choose to navigate themselves. Unfortunately, the Final (Divorce) Orders for such couples are being applied for before the financial remedies are finalised which is having huge implications in respect of inheritance and pensions.

In family matters, emotions are naturally heightened. It is our job, as your legal representatives, to alleviate that stress and ensure that the process is conducted properly and you are being formally advised at each stage.

If, like our fictional Julia, you have decided that divorce is the only option, we are always happy to have an initial, no-obligation telephone call to discuss your matter generally.

We also offer an initial consultation fee of £500 plus VAT to meet with you for an hour, assess your situation in more depth and provide key advice.


[1] Court fee at time of writing. For an up to date fee, please check the most recent “EX50: Court Fee” which can be found online. [2] Court fee at time of writing. For an up to date fee, please check the most recent “EX50: Court Fee” which can be found online.


Griffin Law is a dispute resolution firm comprising innovative, proactive, tenacious and commercially-minded lawyers. We pride ourselves on our close client relationships, which are uniquely enhanced by our transparent fee guarantee and a commitment to share the risks of litigation.  For more details of our services please email justice@griffin.law or call 01732 52 59 23.

GRIFFIN LAW – TRANSPARENT FEES. TENACIOUS LAWYERS. TRUSTED PARTNERS.

Nothing in this document constitutes any form of legal advice upon which any person can place any form of reliance of any kind whatsoever. We expressly disclaim, and you hereby irrevocably agree to waive, all or any liability of any kind whatsoever, whether in contract, tort or otherwise, to you or any other person who may read or otherwise come to learn of anything covered or referred to in this document. In the event that you wish to take any action in connection with the subject matter of this document, you should obtain legal advice before doing so.

 

By |2025-01-30T14:05:26+00:00January 30th, 2025|Divorce, Family Law|Comments Off on How to: Get Divorced.

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About the Author:

Keeley has been working in our dispute resolution team during her training contract and qualified in October 2018. Keeley is particularly skilled at dealing with detailed matters having dealt with matrimonial, defamation and commercial matters since starting at our firm. Keeley graduated from the University of Kent in 2013 with a 2:1 Law Degree then went travelling to America, Fiji, New Zealand, Australia and Thailand before coming back to complete her Legal Practice Course with BPP University graduating with a distinction in 2015. Keeley is currently our unofficial IT go-to at Griffin Law and is the creator of our Vlogs. She has also completed her Masters in Legal Practice with a focus on matrimonial and commercial law attaining a distinction. In her spare time, Keeley enjoys mountain biking and spending time with family and friends.
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