Getting A Divorce
Clear advice on the divorce process from start to finish
Getting A Divorce
Getting divorced can feel stressful, confusing, and time-intensive due to the various legal steps
and formal requirements involved. Sunrise Solicitors are here to support you at every stage of
the UK divorce process. Whether you need fast divorce advice or are struggling to understand
how the divorce application works, our experienced solicitors will guide you clearly and carefully.
From completing your divorce application form (Form D8) to securing your Final Order (formerly
Decree Absolute), our legal team will assist you step by step.
Obtaining expert legal advice is essential, as it helps you avoid costly errors and ensures you
fully understand your rights and obligations during divorce proceedings. According to the Office
for National Statistics (ONS), a total of 80,507 divorces were granted in England and Wales in
2022, reflecting a noticeable rise in divorce cases.
If you are considering divorce and require professional legal assistance, contact Sunrise
Solicitors today. Our dedicated divorce lawyers will support you throughout the process and
work towards achieving a fair, balanced, and legally sound outcome.
Overview of Divorce in the UK
Divorce refers to the legal termination of a marriage. Once a divorce is finalised, the marital
relationship officially ends, allowing both individuals to regain their single legal status and, if they
wish, remarry in the future.
You may apply for a divorce in the UK if you meet the following conditions:
- You have been married for at least one year
- Your relationship has permanently broken down
- Your marriage is legally recognised in the UK
The Divorce, Dissolution and Separation Act 2020 introduced the concept of a no-fault
divorce, removing the requirement to assign blame or prove wrongdoing. Under this system,
couples can apply for divorce simply by stating that the marriage has irretrievably broken down,
without providing evidence of fault. An irretrievable breakdown means that the relationship has
deteriorated beyond repair and reconciliation is no longer possible.
Key differences between the no-fault system from the old fault-based system
The no-fault divorce system introduced several important changes, including:
- Couples are no longer required to prove misconduct or blame their spouse
- The process is more straightforward and avoids lengthy disputes
- One spouse can no longer block the divorce against the other’s wishes
By removing blame and fault, the no-fault system reduces conflict and emotional strain. It also
speeds up the process by eliminating unnecessary legal investigations, allowing divorces to be
resolved more efficiently and amicably.
Step-by-step divorce process in the UK
Below is an outline of the key stages involved in getting divorced in the UK.
Step 1: Submitting the Divorce Application
You can apply for divorce either online or by post. Applications can be made jointly or by a
single applicant. Online applications are submitted through the HMCTS portal. Postal
applications require completion of Form D8, which must be sent to the HMCTS Divorce and
Dissolution Service.
To apply for a divorce, you will need:
- Full names and addresses of both spouses
- Your marriage certificate (original or certified copy)
- Evidence of any name change after marriage
- Your spouse’s current address
Step 2: Serving the Divorce Application
For joint applications, both parties receive confirmation that the application has been issued,
along with a stamped copy, acknowledgment receipt, and case number. A mandatory 20-week
waiting period begins once the court issues the application.
For sole applications, the court sends an acknowledgment of service to the other spouse, who
must respond within 14 days to confirm whether they agree with or intend to dispute the divorce.
Step 3: Responding to the Divorce Application
- If the respondent agrees, the applicant can proceed to apply for a conditional order (previously
Decree Nisi). If the respondent disputes the divorce, they must submit an answer form
explaining their legal reasons.
If a spouse does not cooperate, the following options may apply: - Requesting deemed service if documents are ignored
- Using a process server to deliver papers personally
Applying for dispensed service where the court allows proceedings to continue without a
response
Step 4: Conditional Order (Formerly Decree Nisi)
A conditional order confirms that the court sees no legal reason why the divorce cannot
proceed. Processing times may vary and can take several weeks.
Step 5: Final Order (Formerly Decree Absolute)
After waiting at least 6 weeks and 1 day from the conditional order, you may apply for the final
order. This legally ends the marriage. The standard court fee for a UK divorce is £612.
Key Considerations during Divorce
Child Custody and Arrangements
Divorce does not end parental responsibility. Both parents remain legally responsible for their
children. Courts make decisions based on the child’s welfare, stability, and best interests. Child
maintenance is assessed and enforced by the Child Maintenance Service (CMS).
Maintenance rates depend on gross weekly income, with fixed, reduced, or calculated amounts
based on income levels.
Financial Settlements & Division of Assets
Financial settlements consider assets such as property, savings, pensions, and investments.
The aim is a fair distribution in accordance with the Matrimonial Causes Act 1973. A Clean
Break or Consent Order legally prevents future financial claims between ex-spouses.
Sunrise Solicitors specialise in achieving fair and legally secure financial settlements, even in complex cases.
Property and Housing After Divorce
Common options for the family home include:
- Selling the property and dividing the proceeds
- One spouse buying out the other
- Temporary continued joint occupation
Courts usually aim for equal division but may adjust this based on individual circumstances,
contributions, and child welfare.
Spousal Maintenance
Spousal maintenance may be awarded where one spouse cannot meet basic needs and the
other has the financial ability to provide support. Courts assess income, earning capacity,
lifestyle, and responsibilities before making a decision.
Alternative Dispute Resolution (ADR) Options
Disputes can often be resolved without court through:
Mediation A neutral mediator helps both parties reach a mutually acceptable solution.
Collaborative Divorce – Both parties work with solicitors to resolve matters privately.
Arbitration A legally binding decision is made by an independent arbitrator.
DIY Divorce vs. Hiring a Solicitor
DIY divorce may suit couples with no disputes and clear agreements. However, divorce involves
complex legal and financial issues, and mistakes can be costly. Hiring a solicitor ensures
accurate paperwork, proper advice, and representation if disputes arise.
Sunrise Solicitors offer fixed-fee divorce services with transparent pricing and a proven record of
success
Common Divorce Challenges & How to Overcome Them
Emotional stress Seek support from family, friends, or professional counsellors.
Disputes over assets or children – Consider mediation or court intervention.
Legal complexity Obtain expert advice from experienced divorce solicitors.
What If Your Spouse Refuses to Cooperate?
If your spouse does not engage, a solicitor can help you proceed through court-approved
alternatives, including default judgments where appropriate.
Frequently Asked Questions
Yes, under the no-fault divorce system.
A minimum of six months.
You can proceed after the 20-week reflection period.
Not always, especially for uncontested divorces.
After the final order is issued.
It is strongly recommended to resolve finances before finalising divorce.
Yes, if UK jurisdiction requirements are met.