Divorce & Relationship Breakdown

However, if you find it difficult to reach an agreement, have a lot of issues to resolve, or need to attend a court hearing, it can take much longer.

Every case is different, so it is important to get expert advice to get an idea of how long your divorce might take. When you have your first consultation, we will recommend how long the process may take.

There is only one ground for divorce: an ‘irretrievable breakdown of the marriage. This is proven by any one of five facts:

• Unreasonable behaviour – Conduct by you or your partner deemed sufficient to cause the irretrievable breakdown of your marriage.
• Adultery – Defined as voluntary sexual intercourse between a married person and a person who is not their spouse.
• Living apart for two years (and both partners agree to the divorce).
• Living apart for five years.
• Desertion for at least two years – Desertion occurs when one partner leaves the other without their knowledge or agreement.

Usually, the grounds for divorce and the guilt of either party will not impact your financial settlement or the arrangements made for your children, but this is decided on a case-by-case basis.

New process

On 6th April 2022, a new No Fault Divorce process will be introduced in the UK. This reform will introduce a new, notification-based system that consents to a divorce without having to confirm one of the five reasons for irretrievable breakdown.

The new legislation will be complete within a six-month period to allow for a period of reflection before a final decree of divorce is made.

Under the new process a divorce will complete within a six-month period, this is to allow for a period of reflection before a final order of divorce is made.

Our legal team can help guide you through this process, explaining things in plain English, giving you all your options and advice on what best suits your circumstances. Our team will always work with you to seek the best outcome for you and your family.

There are six stages to the divorce process:

1. First, a divorce petition must be filed with a court by you or your partner. Whoever does this is known as the Petitioner, with the other party referred to as the Respondent.
2. The court sends the divorce documents to the Respondent and the Petitioner.
3. The Respondent files an Acknowledgement of Service – this includes answering questions such as ‘do you intend to defend the case?’ and ‘do you agree with the ground for divorce?’.
4. The Petitioner applies for a decree nisi – an order by a court stating the date a marriage can end unless a good reason not to grant the divorce is produced.
5. The court issues a Certificate of Entitlement confirming when the decree nisi will be pronounced. The court grants the decree nisi and sends a copy to both of your solicitors.
6. The Petitioner applies for a decree absolute after six weeks and one day has passed from decree nisi being granted. This decree is a final order from the court that officially ends the marriage, allowing each party to remarry. The Petitioner can delay in making the application, for example, if financial arrangements have not yet been finalised.

The divorce process differs depending on how you and your partner respond to each other’s demands, particularly if the Respondent indicates they will defend the divorce. If steps are contested, the process can be slowed down.

You can agree your financial settlement with your partner whenever you want, but getting it legally formalised with a Financial Consent Order cannot be done before the decree nisi is pronounced. It may then be decided that you should not apply for a decree absolute until you have reached a financial settlement with your partner, but that is not always the case.

Childcare arrangements are usually negotiated throughout the process.

Our legal team can help guide you through this process, explaining things in plain English, giving you all of your options and advice on the best to suit your circumstances. Our team will always work with you to seek the best outcome for you and your family.

Please see the downloadable graphic on this page and for more advice on the divorce process or any aspect of family law, call us on 0333 3445 548.

However, you are both required to try and reach a satisfactory agreement over both the arrangements for your children’s care and finances before taking the case to court.

Our experienced team can help you and your partner try to reach an agreement, if necessary, with the use of mediators. Mediators can help you and your partner discuss your situation transparently and constructively. We can also provide you with family therapists, counselling services divorce coaches and psychologists for extra support.

Out-of-court agreements are typically cheaper and quicker than going to court, making them less stressful for all involved.

If the out-of-court processes do not work, we will ensure you have the best legal representation in court. Our solicitors will be open and honest about the likely outcome and will fight to protect your best interests. In addition, we will ensure you are well prepared for any appearances and will be at your side throughout.

For advice or a consultation on your case, call us 0333 3445 548.

The no fault divorce will remove the requirement to provide proof for the breakdown and will introduce joint applications in addition to sole applications. Contesting a divorce, dissolution or separation will be removed under the reform and divorce terminology will be changed, for example, Decree Nisi will become a Conditional Order, Decree Absolute will become a Final Order and the Petitioner will become the Applicant.

Twenty weeks after this date, you will be asked to confirm if your intentions remain the same. If the answer is yes, the court will make a Conditional Order, followed but change to by a Final Order six weeks later.

No-fault divorces will come into effect on 6th April 2022.