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Applying for divorce can be a complex and emotionally challenging process. Understanding the steps involved and following them diligently is crucial to ensure a smooth journey towards the dissolution of a marriage.
Whether you’re considering divorce or have already made up your mind, the following blog aims to guide you through the divorce application process, from start to finish.
Looking to cut to the chase? Speak to our expert divorce team today by calling us on 0203 007 5500 or by submitting a contact form.
Part 2 in our ‘Getting a Divorce’ series
Part 1: Things to Consider Before Divorce
Part 3: Financial Settlements
Step 1: Decide who should apply.
When applying for divorce, you have the option to file either by yourself or together with your partner. When you file on your own, it is known as a sole application. If you file with your partner, it is referred to as a joint application.
Joint application
You should only apply for a joint application if you’re confident that you and your partner can reach agreements throughout the entire divorce or dissolution process. While you can switch from a joint application to a sole application later, the earliest you can make this change is 20 weeks after the initial application.
If you apply with your partner using a joint application, one of you will be designated as ‘applicant 1‘ and the other as ‘applicant 2‘.
Applicant 1 will initiate the application and cover the court fee. Applicant 2 will have the opportunity to review the application before it’s submitted, but their portion of the fee needs to be collected separately.
Sole application
If you proceed with a sole application, you will be referred to as the ‘applicant,’ and your partner will be called the ‘respondent‘. A sole application will otherwise follow the same process as a joint application.
Step 2: Gather the necessary documents before applying for divorce.
Once you have established the grounds for divorce, the next step is to gather all the necessary documents for the application. Some of the essential documents you will need include:
- Either the original or a certified copy of your marriage certificate
- Proof of residence (for example utility bills or a tenancy agreement to prove your current address)
- Proof of identity (such as a passport or driver’s license)
You will need these documents throughout the entire process.
What if I got married abroad?
If you got married abroad, you’ll still need to provide your marriage or civil partnership certificate. If the certificate is not in English, you’ll need to get it translated.
Your translation will need to include a ‘statement of truth‘ to certify its accuracy. Without a statement of truth, you’ll need to have it certified by a ‘notary public‘. This is a qualified lawyer who can check legal documents are correct.
You can find a local notary public on The Notaries Society website.
Getting your partner’s details
To proceed with the application, you’ll be required to provide your partner’s full name, residential address, and personal email address. It’s advisable to use their personal email rather than their business or employer’s address.
If your partner has instructed a solicitor, try to obtain the solicitor’s name and address if possible.
In case you’re unaware of your partner’s current residence, you can find guidance on how to initiate a divorce or dissolve a civil partnership with a partner whom you cannot locate here on the GOV.UK website.
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Step 3: Filling out the divorce application form.
After gathering the required documents, you’ll need to fill out the divorce application form. In the UK, the form you need to complete is the Divorce Petition (Form D8). Make sure to provide accurate and detailed information on the form, including:
- Personal Details: full name, address, and contact information
- Children and Financial Matters: if you have children or need to address financial matters, provide the relevant details on the form
Ensure that the information you provide is both accurate and honest.
Applying for divorce online
It’s quicker to apply for divorce or dissolution online.
You can do so on the government website, or a solicitor will be able to do this for you:
The process for divorce and dissolution are mostly the same.
Applying for divorce by post
You can otherwise apply by post. The paper divorce and dissolution forms are available here. Send your application to an address listed on the last page of the form. Make sure to include your marriage certificate – this can be the original or a certified copy.
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Step 4: Submitting the application.
Once you’ve completed the divorce application form, you must submit it to the appropriate court. Ensure you enclose the original form and any supporting documents. It’s advisable to make copies of everything for your records.
Paying the application fee
When submitting your divorce application, you will need to pay an application fee. The fee amount may vary, so it’s essential to check the current fee with the court. If you are on a low income or receiving certain benefits, you may be eligible for a fee reduction or exemption.
Serving the divorce papers
After submitting the divorce application, you will need to serve the divorce papers to your spouse. This can be done in person or by post. It’s crucial to ensure that your spouse receives the documents and acknowledges receipt.
Step 5: Ensure your partner is notified of the application.
Typically, the court will send a copy of the divorce or dissolution application to your partner, which is commonly referred to as ‘serving‘ divorce or dissolution papers.
If the court handles the service, they will send an email containing a link to the papers, allowing your partner to view them online. Additionally, both you and your partner will receive a notification letter by post.
If you have submitted a paper form, or if you have not provided an email address for your partner, the court will send the papers through regular mail.
In the case of a joint application with your partner, both of you will receive an email confirming that the court has your application, along with information about the subsequent steps in the process.
Do I need to serve any papers myself?
You will only need to serve papers yourself if you’ve made a sole application and:
- Your partner does not live in the UK
- You’ve requested to serve the papers yourself
- The court has tried, and failed, to serve the papers twice
If the court is unable to serve the papers, you can provide a different email or address for them to try again. Papers must be served within 28 days of the divorce, or dissolution, application.
If you require assistance serving divorce papers, contact our team via 0203 007 5500 or [email protected].
How can my partner respond?
If you file for divorce or dissolution on your own, your partner will need to inform the court about their receipt of the application and state their acceptance or disagreement with it. If they disagree, they’ll need to contest the divorce or dissolution by initiating a ‘dispute‘.
Detailed instructions on how to respond will be provided to your partner via email or mail. They must submit their response within 14 days.
Your partner can dispute the divorce or dissolution only on the grounds of the following reasons:
- The marriage or civil partnership was not legally valid from the beginning
- They believe that the marriage or civil partnership has already been terminated through a divorce or dissolution
- They hold the view that the court does not have the authority to handle the divorce or dissolution, which is referred to as ‘not having jurisdiction‘
In the past, applicants needed to cite 1 of 5 grounds to start their divorce. However, since the no-fault divorce update from April 2022, this is no longer the case.
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Step 6: Responding to the divorce petition.
Once your spouse receives the divorce papers, they will need to respond within a specific timeframe. They can either agree to the divorce or contest it. If your spouse contests the divorce, the process may become more complex, and legal advice is recommended.
If you require assistance contact our team via 0203 007 5500 or [email protected].
What if my partner doesn’t respond to the application?
The actions you can take if your partner fails to respond depend on your specific situation.
If you’re aware of your partner’s whereabouts, you can request the assistance of a court bailiff to serve the application for a fee. You can find the form for service by a court bailiff here.
If you have evidence indicating that your partner has received the application, you can ask the court to proceed as if your partner has received it – known as ‘deemed service’. The form for deemed service can be found here.
In the event that you’re unable to locate your partner, you can ask the court to proceed without a response from your partner, provided they cannot be traced. There is information on what to do if your partner is missing here.
You might find it helpful to seek legal advice before proceeding with your application if you’re feeling unsure about things. You can find information on how to access free or affordable legal assistance here.
Step 7: Applying for a conditional order.
After 20 weeks from the date of your divorce or dissolution application, you have the option to apply for a conditional order. This is when the court assesses whether your divorce or dissolution can proceed.
It’s important to note that you cannot apply for a conditional order before the 20-week mark. This waiting period allows you and your partner enough time to confirm your decision to proceed with the process.
The court will inform you, either by email or post, about the appropriate timing for applying for a conditional order. The method of communication depends on how you initially submitted your divorce or dissolution application.
Changing from a joint application to a sole application
If you and your partner decide to discontinue a joint application, either of you can request to change it to a sole application when applying for a conditional order.
The individual taking over the application will assume the role of the ‘applicant‘, while the other person will become the ‘respondent‘.
If you change the application type, you’ll need to provide your partner with a copy of the conditional order application.
The divorce experts
Unsure about getting a divorce? Don’t be. Contact us to arrange an appointment.
Lines open 24/7 020 3007 5500
Step 8: Applying for a final order.
Once a conditional order is granted, you can request a final order 6 weeks and 1 day after its issuance. This final order will legally terminate your marriage or civil partnership.
The court will inform you, either by email or post, about the appropriate time to apply for a final order. The method of communication depends on how you initially submitted your divorce or dissolution application.
It’s recommended to apply for a final order within one year after receiving permission from the court. If you apply after 12 months, you will need to provide an explanation to the court for the delay, such as resolving financial matters.
Joint or solo applications
If you filed a joint application, either you or your partner can apply for the final order. In the case of a sole application, you will typically need to apply for the final order yourself.
You also have the option to switch from a joint application to a sole application when requesting a final order. To do so, you must complete a form called D36A and provide your partner with a 14-day notice that you intend to apply for the final order on your own. You can find form D36A here.
Proving your divorce or dissolution.
To provide evidence of your divorce or the termination of your civil partnership, you should present your final order. In the case of a divorce where the application began before 6th April 2022, the final order will instead be a ‘decree absolute‘.
If you have misplaced your original documents, you can obtain a copy of the decree absolute or final order here.
Who needs to know about my divorce?
It’s completely up to you if you want to tell people about your divorce on a personal level. Formality-wise, you must inform the correct government organisations about your divorce if you receive benefits or live in the UK due to a spouse visa.
More from our ‘Getting a Divorce’ series
Part 1: Things to Consider Before Divorce
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