What is the up to date process of applying for a divorce
Following the introduction of the Divorce, Dissolution and Separation Act 2020, the divorce process in England and Wales has changed. Now, rather than issuing a divorce petition, you apply for a divorce. Rather than obtaining a decree nisi, you receive a conditional order in divorce and rather than a decree absolute being granted to dissolve your marriage, you receive a final order.
You start the process by completing a divorce application and filing it with the court. The application can be submitted on line or by post. You can either apply jointly with your spouse or as a sole applicant.
Once you have issued your divorce application, it is sent to your spouse for them to acknowledge. Typically your spouse is asked to acknowledge within 14 days. Your spouse no longer has to consent to the divorce, instead, if you can prove to the court that your spouse has been served with a copy of your application, the application will proceed.
Following acknowledgement of your application of divorce, the case enters a cooling off period. This is a legally mandated time frame during which a spouse must wait before their divorce can be finalised. This period is intended to give both parties time to reflect on their decision to end the marriage, and consider if reconciliation is an option for them.
At the end of the cooling off period, the applicant can apply for a conditional order. Conditional order is a statement from the court that you are entitled to a divorce, but this does not legally end the marriage. Instead, you need to wait 6 weeks and 1 day, after conditional order is granted, before applying for the final order in divorce. The final order legally ends the marriage, allowing both parties to remarry if they wish.
Whether you wish to delay your application for final order will depend on your financial circumstances
