Divorce Lawyers London

Divorce in England & Wales is a legal process to end marriage between husband and wife after the relationship between them has broken down irretrievably. An application for divorce in England & Wales is made online using application form D8.

You can get divorced in England & Wales only after you have been married for at least one year.

If you marriage was not consummated, you may be able to apply for annulment of your marriage even if you are married for less than a year.

You can get divorced in England & Wales 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 England & Wales (including same-sex marriage)
• Either you or your husband/wife is habitually resident in England & Wales

A clean break divorce is where no ongoing financial commitments remain between you and your spouse. The phrase ‘a clean break’ is particularly used as the opposite of an order where there is ongoing spousal maintenance payable, usually monthly, from one spouse to the other.

A clean break is only possible in relation to the financial claims between spouses. It is not possible to have a clean break in relation to financial obligations towards your children.

In case you and your ex-partner have no assets to divide, you should also apply for a financial settlement order. It’s important to do so, even if you don’t have any assets to divide at the time of the divorce. There’s no guarantee you won’t come into some money in the future and if you haven’t obtained a financial settlement, your ex is still within their legal rights to make a financial claim.

Once a 'clean break' agreement of this kind has been ratified by court order, neither of you will be able to go back to court in the future to ask for maintenance or further transfer of assets. This gives both partners a much greater degree of certainty and allows them to completely disentangle their individual financial affairs.

Yes, you can start divorce proceedings in England provided that you have a valid marriage certificate (and certified translation, if the marriage certificate is not written in English). The key issue is determining whether the marriage is valid and legal in the country within which the ceremony took place, with the local custom being observed. If the marriage has been carried out in accordance with the local laws and customs of the country in which it took place, it is usually a valid legal marriage.

You should also meet all of the following requirements for getting divorced in England & Wales:

• you’ve been married for over a year
• your relationship has permanently broken down
• your marriage is legally recognised in England & Wales (including same-sex marriage)
• Either you or your husband/wife is habitually resident in England & Wales

This varies from court to court and from case to case, depending on the complexity of the case. An uncontested divorce with no financial settlement issues can take up to 6 months whereas a contested and complicated divorce can take much longer than 6 months and time would vary depending on the complexity of the matter.

The court fee for filing a divorce in England & Wales is £593 which needs to be paid at the time of submitting your divorce petition to the family court.

Additionally, you will pay the legal costs of divorce solicitors if are represented by divorce lawyers in your divorce matter.

Uncontested Divorce

An uncontested divorce is a divorce process where the Respondent to the divorce does not defend or contest the divorce.

Contested Divorce

A contested divorce is one where the Respondent to the divorce petition decides to contest or defend the divorce. In other words, Respondent objects to divorce taking place in a contested divorce. A contested divorce is a more complicated procedure and will involve the divorcing couple having to attend family court for hearings.

The new law has removed the possibility of contesting the divorce, as the statement of irretrievable breakdown is taken as conclusive evidence that the marriage has broken down irretrievably. However, divorce proceedings may still be challenged on the basis of jurisdiction, validity of the marriage, fraud and procedural compliance.

You can apply for a divorce on the grounds that your marriage has broken down irretrievably and cannot be saved. This means that either one or both of you feel that you cannot stay married to each other. Either of you may apply to the divorce court in England and Wales for the marriage to be dissolved as long as you have been married for one year at least and that one of you has been a resident here for the year before your divorce petition is made. The application to the divorce court is called a Petition and the spouse who files (sends) the Petition is called the Petitioner. The other spouse is then called the Respondent.

From 6 April 2022, the Divorce, Dissolution and Separation Act 2020 has reformed the divorce process and removed the requirement to provide evidence of conduct or separation facts and replaced this with a simple requirement to provide a statement of irretrievable breakdown of the marriage or civil partnership or to obtain a judicial separation.

It is no longer a requirement of the law to rely on the five facts i.e. adultery, unreasonable behaviour, 2 years separation with consent, desertion and five years separation as grounds for divorce when applying for getting divorced in England & Wales. Instead, the petitioner is required to provide  a statement of irretrievable breakdown of marriage.

A Conditional Order (previously known as Decree Nisi) is a document that says that the court does not see any reason why you cannot divorce. You can apply for a Conditional Order if your husband or wife does not defend your divorce petition on the basis of jurisdiction, validity of the marriage, fraud and procedural compliance.

The Divorce Order (previously known as Decree Absolute) is the legal document that ends your marriage. You need to wait at least 43 days (6 weeks and 1 day) after the date of the Conditional Order (previously known as Decree Nisi) before you can apply for a Divorce Order.

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 (and a certified translation if it’s not in English)
• proof of your name change if you’ve changed it since you got married - for example your marriage certificate or a deed poll

You must try to find your husband or wife’s current address if you do not know it. The court will need it to send them a copy of the divorce petition.

If you can prove that your spouse received the divorce petition, you can apply for the deemed or substituted service. You can prove service by using a court bailiff or process server. 

Unless your spouse contests the divorce petition you filed, you do not have to go to court for divorce to take place. Only in contested divorce cases, the parties will  have to attend court hearing for the divorce to be decided by the court.

Who pays the divorce legal costs will normally depend on the grounds for divorce. If your petition is based on unreasonable behaviour or adultery then you may be able to apply to the court for your legal costs to be paid by your spouse.

You should reach an agreement on the issue of costs at the outset of the divorce so that needless conflict is avoided down the line. If you are hoping that your costs will be covered by the other side, then be sure to discuss the matter with your divorce solicitor during your first interview.

Whethe or not you need a divorce solicitor to handle your divorce case is dependent on the complexity of the divorce matter and your ability to handle legal matters on your own. You normally engage a divorce solicitor for your divorce case in the following circumstances:

• if you know that your spouse is likely to contest the divorce and will be unwilling to divorce;
• if there are children involved and your spouse may not be willing to reach a mutual agreement regarding child arrangements;
• If you and your spouse own significant assets or are in business together;
• if there are overseas connections;
• if one of you has been declared bankrupt;
• if you wish to be claim spousal maintenance and be financially dependent on your spouse;
• if the whereabout of your spouse are unknown;
• if your spouse is unlikely to respond to your divorce petition.

Divorce mediation is a method by which separating couples can agree and resolve the typical issues involving finances and children that arise during the divorce process. The mediator is a trained individual who is impartial and will act much like an umpire, guiding you and your spouse through face to face discussions about important matters such as divorce financial settlement and child arrangements.

Once an agreement has been reached, the mediator will draft a ‘Memorandum of Understanding’ to formally set out the proposals. Your divorce solicitor will then use the ‘Memorandum of Understanding’ to draw up your official agreement and further advise you.

Mediation is not suitable for all situations, but it is the right approach for many people and if there is a need for court proceedings to be issued then you will usually be expected to at least have attended a meeting concerning mediation (a Mediation Information and Assessment Meeting – MIAM). If your divorce solicitor believes that a MIAM is not appropriate or necessary, perhaps because divorce proceedings need to commence urgently or because domestic violence is involved, then they will let you know.

Unless the parents have reached an agreement with regards to child arrangements, one of the parties to the divorce proceedings will have to file a ‘Statement of Arrangements for Children’. This form provides the court with basic details about the children including their dates of birth, where they go to school and who is responsible for their care when the parents are working, if relevant. The form only serves to provide information and will not form the basis of any decision of the court.

In most cases, the parents will make these decisions themselves where possible, sometimes using mediation to assist in keeping discussions on track and in the best interests of the children.

It is worth noting that the court does hold the power to order that a Divorce Order is not granted until it is satisfied with the arrangements for the children, although it is rarely the case that there will be any objection by the court provided the arrangements are reasonable and there are no concerns surrounding child protection.

You can get a divorce in England & Wales 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 England & Wales (including same-sex marriage)
• Either you or your husband/wife is habitually resident in England & Wales

You can still get a divorce in England & Wales if your husband or wife is missing. Our divorce lawyers will help you with the procedures to follow where you do not know the whereabouts of your husband or wife. The divorce process will take longer than normal in cases where the whereabouts of the Respondent are unknown.

Filing An Application For Divorce

An application for divorce is filed online in the court on the basis that the marriage has broken down irretrievably.

Service

From the date of issue of the application for divorce, the court will serve the respondent or both parties (if this is a joint application) via email.  If the applicant wants to deal with service, it is anticipated that service should be undertaken within 28 days from the date of issue of the application for divorce, albeit the rules do not specify the time for service.  The desired requirement submitted by family lawyers for the applicant to give a period of notice to the respondent was not included in the legislation.

Acknowledgement Of Service (AoS)

The Respondent or both parties (if this is a joint application) will have 14 days to file the acknowledgement of service from the date of service of the application.

If the divorce proceedings are contested, the party contesting the proceedings must file an answer within 35 days of the date of service.

Application For Conditional Order

After 20 weeks from the date of issue of the application, provided the acknowledgement of service was served within 18 weeks from the date of issue, the applicant can apply for the conditional order (previously known as Decree Nisi).  If the acknowledgement of service was served later than 18 weeks from the date of issue of the application, the time to apply for Conditional Order is no earlier than 14 days after the acknowledgement of service should have been filed.

Application For Divorce Order

After 6 weeks of the date of the conditional order (previously known as Decree Nisi) both parties or one party can apply for the divorce order (previously known as Decree Absolute).  If the application is made by one party that party must give 14 days' notice of their intention to apply.

Divorce and separation is a very difficult decision to make and should never be taken lightly. Our team of divorce lawyers is aware of the sensitivity and complexity involved in divorce matters. We understyand that every individual is in a different situation. To make your life easier, our highly trained and experienced divorce lawsyers will guide and support you each step of the divorce process. Our specialist divorce lawyers will cut through the legal jargon and ensure you understand exactly what’s happening at all times.

Our divorce lawyers will discuss the possible grounds on which you can apply for divorce after gathering all the factual information from you. We will explain to you the court procedures in very simple and clear terms and fully guide you through the procedures and carry out all the follow up work until the Decree Absolute is issued by the divorce court.

Our divorce lawyers in London can provide high quality divorce advice and legal representations to all our clients remotely using modern technology to save their precious time and travel cost. We can provide detailed initial divorce law advice remotely through Zoom / Phone / Microsoft Teams etc to assess your divorce matter fully and give you appropriate legal advice on your divorce matter.

Following initial divorce advice, if you instruct us for your divorce matter, we can send you all relevant documents electronically for you to digitally sign and return the same to us.