How to DIY Divorce

‍Application:    
Previously called the divorce petition
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‍Conditional Order:
Replaces decree nisi.
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‍Final Order:
Replaces decree absolute.

Divorces can be initiated by one spouse (sole application) or jointly by both parties (joint application).

You can apply if:
You’ve been married for at least one year.
You or your spouse meet the residence or domicile requirements in England and Wales.

Step 1: Prepare and Submit the Application

Collect your marriage certificate (official copy if lost). Translate it if it's not in English. It needs to be an official translation. File your application via:  

‍Online HMCTS portal (recommended for ease).
Link here - https://www.gov.uk/divorce/file-for-divorce        

‍Paper forms (if preferred).
Link here - https://www.gov.uk/government/publications/form-d8-application-for-a-divorce-dissolution-or-to-apply-for-a-judicial-separation-order      

A court fee will be required to process your application. The court fee is £593 but you may be able to get help towards this depending on your income/capital – follow this link regarding help with fees applications https://www.gov.uk/get-help-with-court-fees.

‍Step 2: Serving the Application

The court or you will send the application to your spouse (the respondent). They have 14 days to acknowledge service.

‍Step 3: Respondent’s Acknowledgement

The respondent must submit an acknowledgment form. They can choose to dispute the proceedings, but grounds for dispute are limited.

‍5. Conditional Order

After 20 weeks from your application, you can request a Conditional Order. This order confirms your eligibility for divorce.

‍6. Final Order

Wait at least six weeks after the Conditional Order to apply for the Final Order. The Final Order legally ends the marriage.

‍Note: Ensure financial arrangements are finalised before applying for the Final Order as it may affect certain claims. Speak with us if you are unsure.

‍7. Costs

Both parties should agree on sharing costs if possible. If not, the applicant is now usually expected to pay for the costs of the divorce.   Court retains discretion but rarely orders costs unless disputes arise.

‍8. Children and Finances

Divorce proceedings do not resolve issues related to children or finances. Separate legal actions or agreements are required for these matters. Always ensure you tick the box on the divorce application that you want to apply for a financial order.

‍9. Timeframe

‍The minimum timeline for a divorce is 26 weeks: 20     weeks to Conditional Order. 6 weeks to Final Order.

‍10. Impact on Your Will

‍Divorce may affect your Will. Update it to reflect yourwishes post-divorce.This guide provides a basic outline and must not be reliedupon as legal advice. For detailed support, consult legal professionals or usethe online resources provided by HMCTS. 

Divorce does not automatically resolve financial matters.
Couples must resolve their finances either privately or through the courts.

Financial issues to consider include the division of assets (e.g. property, savings, pensions), spousal maintenance (if applicable), and child maintenance.

The court can make financial orders to ensure a fair division, including lump sum payments, property transfer, or ongoing maintenance payments.

While divorce proceedings deal with the dissolution of marriage, arrangements concerning children are handled separately, though often alongside the divorce process.

Decisions about where children live and how much time they spend with each parent (child custody and visitation) can be agreed upon by the parents or decided by the court if there is a dispute.

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The court fee for filing a divorce application is £593 (as of 2024). Other costs may include legal fees if the parties involve solicitors.

Parties can represent themselves (known as litigants in person) to reduce costs, although professional legal advice is recommended, especially in complex cases involving finances and children.

CH Family Law Ltd offers a fixed fee, all-inclusive Divorce Package for £1,000 plus VAT.

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The divorce process in England and Wales has become more straightforward following recent reforms, particularly with the introduction of no-fault divorce.

While the legal process itself is structured and procedural, issues surrounding finances and children can add complexity. Seeking legal advice is recommended, particularly in more contentious cases.

CH Family Law Ltd offers a free initial advice appointment. Get in touch for free advice on how best to proceed.

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