Those who find themselves in a relationship that is no longer sustainable often want to get a divorce from their partner who they once married.
The process can be a very difficult and emotional time for a lot of couples so it's important that the divorce is as quick and painless as possible.
Many people who have not been through divorce may be interested and curious to know the process and the costs couples have to pay.
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According to Citizens Advice, if you agree on your divorce and the reasons why then getting a divorce legally finalised will usually take four to six months. It could take longer if you need to sort out issues with money, property or children.
Before finalising your divorce there are a few steps you must take.
How do I get a divorce?
Firstly, you must check to see if you can get a divorce. According to GOV.UK you can get divorced in Wales or England if all of the following are true:
-You’ve been married for over a year.
-Your relationship has permanently broken down.
-Your marriage is legally recognised in the UK (including same-sex marriage).
- The UK is your permanent home, or the permanent home of your husband or wife.
You can get legal advice and information to solve common problems about money, children, property etc.
Some couples find themselves going to court if they cannot solve a problem or come to a mutual conclusion.
How to apply for a divorce
According to GOV.UK, to apply for a divorce you’ll need:
-Your husband or wife’s full name and address.
-Your original marriage certificate or a certified copy.
-Proof of your name change if you’ve changed it since you got married - for example your marriage certificate or a deed poll.
How much does divorce cost?
According to Citizens Advice, usually the person who applies for a divorce (also known as the ‘petitioner’) has to pay the fee.
If you're applying for the divorce, you’ll need to pay a £593 fee when you send your divorce application to the divorce centre.
What happens if my partner does not agree to the divorce?
Mediation is advised if you and your partner can't agree on divorce. It is a way of sorting any differences between you and your ex-partner, with the help of a third person who won’t take sides.
The third person is called a mediator. They can help you reach an agreement about issues with money, property or children.
A long-awaited 'no fault' divorce law comes into effect on April 6, 2022, meaning married couples wanting a divorce will no longer have to blame anyone for the relationship breakdown.
Under current legislation married couples and couples in civil partnerships can only apply for a divorce if they can prove to the court that their marriage has broken down irretrievably and as a result of one of the couple’s actions in one or more of three deciding factors: adultery, unreasonable behaviour, or desertion.
Alternatively, if both parties want a divorce but they can’t prove one of the factors, they must separate for two years before applying for a divorce or for five years if only one partner wants the divorce.
But when the new law comes into force couples will no longer have to prove their partner was at fault for their marriage breakdown. And while currently only one partner can apply for the divorce the new law will permit both partners to apply for a divorce together if they wish to.
Applying and g etting a decree nisi
A decree nisi is a document that says that the court does not see any reason why you cannot divorce.
According to GOV.UK, you can apply for a decree nisi if your husband or wife does not defend your divorce petition. If your husband or wife doesn't agree to the divorce, you can still apply for a decree nisi but you’ll have to go to a court hearing to discuss the case.
If the judge agrees, the court will send you and your husband or wife a certificate that will tell you the time and date you’ll be granted a decree nisi.
You’ll still be married after the decree nisi has been granted and you’ll have to wait 43 days before you can apply for a ‘decree absolute’ to officially end the marriage.
Applying for a decree absolute and finalising the divorce
When your getting the decree absolute, GOV.UK says the court will check that:
-Time limits have been met
- There are no other reasons not to grant the divorce
If these are accepted then court will then send you and your partner a decree absolute that you'll get in 24 hours if you applied online or 10 days if you applied by post.
Once you get the decree absolute, you are divorced and no longer married and free to marry again.
