Legal process FAQs

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How do I get a divorce?

Marriage is a legal contract. To bring a marriage to an end you have to follow specific legal steps. To get a divorce you must have been married at least one year and you must show that your marriage has broken down irretrievably. You have to show irretrievable breakdown in one of five ways:

  • Adultery (that your spouse has had an affair)
  • Unreasonable behaviour (that your spouse has behaved in such a way that you can’t be expected to live together)
  • That your spouse has deserted you for or at least two years
  • That you have been living apart for two years and your spouse also wants a divorce
  • That you have lived apart for five years

The reason for the breakdown of the marriage forms the basis of the divorce application, known as the 'petition'. If more than one of the above reasons applies, your solicitor will advise on which is most suitable to your circumstances and what additional information the court needs.

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What happens in a divorce?

Ending a marriage is a legal process and you must follow a specific process. This begins with the filing, in your local county court, of a divorce petition by one or other of you (see below). Alongside that process you and your partner will need to work out arrangements for any children and sort out your family finances and housing arrangements.

  • Petition The divorce is started by one person (then called the petitioner) lodging a petition with the court. The petition is a document setting out details of the marriage, names, addresses, dates of birth of any children and the grounds for divorce. If there are any dependent children, a document called a statement of arrangements for children is also prepared and this sets out the details about where the children will live, go to school, who looks after them etc. While the details of the children are needed, the court will not interfere with the arrangements unless there is a very good reason for doing so
  • Acknowledgment of Service The petition and statement of arrangements for children are sent to the court with the court fee, unless your finances are such that you don’t have to pay a fee (see below). The court stamps the petition and a copy is sent to the other spouse (called the Respondent) who completes a form acknowledging receipt (Acknowledgment of Service) stating whether they intend to contest (defend) the divorce or dispute the arrangements for the children. Divorce proceedings are very rarely defended
  • If the Acknowledgment of Service is not filed at court, the person initiating the divorce (the petitioner) has to prove that the other person (the respondent) has received the petition by arranging for personal service or ask the court to order that service is deemed to have taken place or can be dispensed with
  • If the respondent is not contesting or defending the divorce, the petitioner has to swear on oath or affirm that the contents of the petition are true. This is posted to court with a request for the decree nisi
  • Decree nisi A District Judge will look at all the papers and, if satisfied that everything is in order, will order that the matter can be listed for the pronouncement of the divorce decree. There is one decree of divorce, but it comes in two parts – “nisi” and “absolute”
  • Decree absolute Six weeks and one day after the decree nisi is granted the petitioner can apply for the decree to be made absolute (or final) which finally brings the marriage to an end

If the other person defends the divorce there would have to be a hearing at court but this is extremely rare.

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How much will a divorce cost?

Keeping the costs down

You can keep your costs down by trying to agree matters with your partner and only using your lawyer for legal advice, procedural matters and representation in court. You can discuss with your lawyer steps you can take yourself to save money.

Be clear with your lawyer exactly what you are willing to pay for. Remember time is money and so don’t phone your lawyer for a “chat” – unless you realise you will be charged for the time you spend.

Solicitors' costs for dealing with an undefended divorce vary across the country so you should ask your solicitor for a quote. Solicitors usually charge an hourly rate for the time they spend on your case. They will also charge for each letter or phone call. After your first meeting with your solicitor, you should be sent a letter (known as a ‘client care' letter), setting out the solicitor's charges and details of who will handle your case. If you are on a low income or on benefits, you may be entitled to help with your legal costs, known as legal aid. Your solicitor will tell you if you are entitled to legal aid, even if he or she doesn't offer legal aid.

In addition you may have to pay any court fees. The court fees at the moment are:

  • To issue a petition £300
  • To apply for the decree absolute £40

How long will it all take?

If your partner co-operates the divorce would be likely to take 4-6 months from start to finish. Sorting out the finances and children through court often takes a lot longer – sometimes, 12 – 18 months. Using an alternative method to court can substantially reduce the time it will take though – down to a few weeks in some cases.