The Divorce process simplified

April 2022 saw the introduction of a No- Fault Divorce procedure into law in England and Wales as a result of The Divorce, Dissolution and Separation Act 2020. Below is an illustration of the new divorce process. Petition’s can now be filed solely or jointly. There is still a requirement that you must have been married for at least one year prior to an application for divorce being made.

ISSUE APPLICATION

The application for divorce is filed with the court and the court issue the application. The applicant(s) must confirm the marriage has irretrievably broken down and pay the court fee of £593 (unless you are entitled to help with paying your fees).

COURT SERVES ON THE RESPONDENT

If a sole application is made the court will serve the application and an acknowledgement of service on the respondent. If you applied jointly the court will notify you both the application has been issued.

RESPONDENT FILES AN ACKNOWLEDGEMENT OF SERVICE

In a sole application the respondent must file an acknowledgment of service with the court within 14 days beginning with the date the application was served. If the acknowledgment of service is not returned the applicant must take additional steps to serve the respondent to progress the divorce.

20 WEEK COOLING PERIOD

The applicant(s) must wait 20 weeks from the date the application is issued before they can apply for a conditional order. This is to allow for reflection and to discuss any arrangements to include children & finances.

APPLY FOR THE CONDITIONAL ORDER

An application may be made to the court for it to consider the making of the conditional order in the proceedings at any time after the end of the 20 weeks, as long as there is no dispute of the proceedings.

ENTITLEMENT TO CONDITIONAL ORDER

The court will review the application and

if the divorce can proceed, they will confirm the applicant(s) is entitled to a conditional order and set a date when the conditional order will be granted. On this date the court will provide the parties with the conditional order and confirm when the final order can be applied for.

APPLY FOR THE CONDITIONAL ORDER TO BE MADE FINAL

After 6 weeks and 1 day from when conditional order is made the applicant(s) can apply to finalise the divorce and the court will provide the parties with the final order.