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How To File For Divorce UK

How To File For Divorce UKExpert Local Divorce And Financial Solicitors – How To File For Divorce UK

If your relationship has broken down and you are thinking of getting a divorce, you may be considering handling this yourself. While it is fairly straightforward to ask the courts for a divorce, it is essential that other issues are dealt with at the same time. For example, you need to have financial arrangements in place or your former spouse could make a claim against you in the future. We look at how to file for divorce UK and also what other matters you need to consider.

At Solicitors Near Me, we connect clients with expert local divorce solicitors. Our hand-picked divorce lawyers have a high level of expertise and offer excellent service as well as support and guidance at what is usually a difficult time.

To be connected to an expert divorce solicitor, please either call us now on 0845 1391399 or complete a Free Online Enquiry.

Filing For A Divorce UK

The new divorce law, introduced in April 2022, makes it easier than before to apply for a divorce. Now, you simply need to tell the court that your relationship has irretrievably broken down. Before, there was a requirement to show why this was the case by proving one of five facts, including adultery and unreasonable behaviour.

The new law aims to remove any aspect of blame from the divorce or dissolution process. Now, either you or your partner can apply to the court on the grounds of irretrievable breakdown, without having to cite a reason behind this. You can also make the application together if you wish.

If you apply together but your spouse subsequently drops out of the process, you can still continue on your own. There is no longer any option to contest a divorce.

1. Filing Your Divorce Application With The Court

The application can be made online or by post. If you will be applying jointly, you both need to use the same method and confirm separately that you wish to apply for a divorce.

You will need to fill in form D8 and pay the fee of £593, unless you are eligible for Help With Fees. You must also send your original or a certified copy of your marriage or civil partnership certificate.

2. Serving The Application

If you made a sole application, then the court will arrange for this to be served on your spouse or civil partner. They will be given an Acknowledgement of Service form to complete and return to the court. The court will also issue you with confirmation that your application has been issued and a copy of the application that has been stamped by the court. You will be provided with a case number to use in all further applications.

3. Applying For A Conditional Order Of Divorce

Once your divorce application has been issued by the court, you need to wait for twenty weeks before you can take the next step. This is a cooling off period so that you can consider whether you still want to go ahead with the divorce or dissolution.

After twenty weeks, you can apply to the court for a conditional order, formerly known as a decree nisi. This is confirmation by the court that it intends to issue a divorce. You will be notified of the date when the conditional order is to be granted.

4. Applying For A Final Order

You can apply for a final order six weeks after the conditional order has been issued. Once the court has approved and sealed the final order, you will officially be divorced or your civil partnership dissolved.

Before You Apply For A Divorce

Before you start the application process, you are strongly advised to speak to a solicitor about financial matters. If you have children, you are also advised to put arrangements in place setting out where they will live and how long they will spend with each parent.

Financial Orders

Divorce does not end your financial obligations to each other, so it is crucial to deal with this point when you are divorcing. You will often be advised to wait until you have an agreement or order in place before you finalise a divorce.

It is important to speak to a solicitor about your financial situation to ensure that your rights and interests are protected. We can put you in touch with an expert in financial issues on divorce who will be able to discuss the best course of action for your circumstances.

You will need to complete a lengthy form, fully disclosing your financial situation to your spouse.

Ideally, you and your spouse will negotiate a financial settlement that you can both agree on. Your solicitor will advise you of what you can realistically expect and represent you in negotiations to ensure that you achieve this.

If an agreement cannot be reached, you will usually need to consider mediation. Your solicitor can arrange this. Where mediation is not successful or you or your spouse decide not to go through with this option, an application can be made to the court for a financial order.

If you are able to reach an agreement, your solicitor will put this in writing and ask the court to seal it in a consent order, which will make it legally binding.

Arrangements For Children

You will also need to come to an agreement over your children, to include where they will spend their time, how much time they will spend with each parent, what will happen during holidays and who else they can see.

Again, where an agreement cannot be reached, mediation needs to be considered as the courts will not generally hear a case until this has happened. Your solicitor will be able to advise you on how to attempt mediation.

If you are able to agree on arrangements for your children, these can also be sealed by the court so that they are legally binding.

Contact Local Divorce Solicitors

Our expert local divorce lawyers can help you as much or as little as you need with the divorce process and the associated issues. They have a wide range of expertise and offer a high level of service.

To be connected to a specialist divorce solicitor, please either call us now on 0845 1391399 or complete a Free Online Enquiry.

 

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How Much Is A Divorce In The UK


How Much Is A Divorce In The UKIt’s a sad fact that almost half – around 42% – of marriages end in divorce. So, how much is a divorce in the UK?

Because, on top of the usually deeply distressing fact that a marriage may be coming to an end, there are also legal costs and processes involved.

To be connected to a specialist divorce solicitor near to where you live, please either call us now on 0845 1391399 or complete a Free Online Enquiry.

Let’s go over all the costs that can be associated with a divorce in the UK:

What Is The Average Cost Of A Divorce In The UK?

It can be helpful to start with a ballpark figure. The average cost of a divorce in the UK is around £14 500.

There’s no need to panic just yet though. That figure can include “lifestyle costs”. It also assumes a “contested” divorce. That is to say, one of the parties feels aggrieved and will not be willing to make the process a smooth one.

This means there is a wide spectrum of total divorce costs. The average cost of a divorce petition that’s uncontested can be relatively modest by comparison. The cost of a contested divorce on top of, say, a need to buy new property will be much higher.

How Much Does A Divorce Cost In The UK If Both Parties Agree?

The vast majority of divorce cases in the UK (as much as 99%) are uncontested. This means both sides agree it’s the right thing to do and want things to progress as smoothly as possible. An uncontested divorce can cost as little as:

  • £550 for the Divorce Petition and Decree Absolute
  • 225 for a Consent Order
  • An average of £450 to £950 in solicitor’s fees

However, those are the costs if you are the petitioner (the person seeking the divorce). If you are the respondent (the other partner in the relationship), then you won’t need to pay for the Divorce Petition or Decree Absolute. Your solicitor’s fees may also be lower.

How Much Does A Contested Divorce Cost?

If no agreement can be reached or the divorce agreement is contested, the courts get involved. As you might imagine, this means the cost of a divorce will become much greater. They will likely include:

  • £255 for an adjudication (sometimes called a Financial Remedy Order)
  • Potentially as much as £10 000 to £15 000 solicitor’s fees – possibly more if no agreement can be reached and there needs to be a final hearing in front of a judge
  • The cost of the final Financial Settlement

The high costs in these cases mean there is a strong motivation for both sides to reach an agreement. There are a couple of processes that can help you do this:

1) Divorce mediation

Divorce meditation is a kind of negotiation. It’s a way to try to balance any dispute between yourself and your former partner with the aid of a professional known as a mediator.

The mediator can walk through key issues like children, property, or money and will almost certainly prove less expensive than going straight into a contested divorce process.

The first Mediation Information and Assessment Meeting (MIAM) is always charged for, tending towards a cost of around £100 or less. It’s actually a court requirement that you try out mediation first, so you might consider this as an additional cost of divorce in the UK.

A full round of mediation sessions can cost anywhere from several hundred pounds to £1500. That’s not a small amount. Yet set against several thousand pounds of solicitor’s fees, it’s worth trying first.

That said, it’s always a good idea to get legal advice from a solicitor before entering divorce mediation. Otherwise, the agreement may not hold up, necessitating further costly dispute.

2) Divorce arbitration

Divorce arbitration can be thought of as an alternative to going into contested court proceedings. Like a court case, a third party – a qualified arbitrator rather than a judge in this case – will be making a final decision for you.

The average cost of arbitration is roughly £1500 or perhaps a little more per partner.

How Much Does A Divorce Lawyer Cost?

Specialist divorce lawyers are almost always worth consulting during divorce proceedings at least at one time or another.

Every individual lawyer or law firm charges different fees. Again, ballpark figures might be from £150 to £350 per hour. In London, this might be much higher.

Can I Get Legal Aid To Pay For Divorce Costs?

Legal aid is available for people on low incomes. It can help you pay for the initial divorce mediation session, further mediation, and possibly even solicitor’s fees too.

It’s worth looking into. Because despite the fact that the overwhelming majority of divorces in the UK are uncontested, the costs – and vital aspects of life – associated with it mean that knowing you’re getting the best arrangement is vital for making your future a happy one.

Need To Find Just The Right Divorce Solicitor For Your Specific Case?

Let’s talk. Solicitors Near Me can find you a friendly, supportive solicitor with just the right expertise to give you the advice you need.

Divorce Solicitors Near Me

To be connected to a specialist divorce solicitor near to where you live, please either call us now on 0845 1391399 or complete a Free Online Enquiry.

 

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How Much Does A Divorce Cost UK?

How Much Does A Divorce Cost UK?UK divorce costs and process – How Much Does A Divorce Cost UK?

If you are ending your marriage and you wish to divorce your spouse, you may be concerned about the possible costs. We take a look at the process and answer the question, ‘How much does a divorce cost?’

At Solicitors Near Me, we specialise in connecting people with the legal representation they need. We have a range of hand-picked family lawyers who can provide the level of help and support you need as you navigate this potentially difficult stage of life.

We make sure that the divorce solicitors we recommend will provide an outstanding level of service as well as the legal expertise to ensure that your divorce is dealt with promptly and efficiently. They will be able to offer a full service, dealing with related issues such as the sharing of property, financial settlements and arrangements for children where necessary.

If you need to speak with a specialist divorce solicitor, please either call us now on 0845 1391399 or complete a Free Online Enquiry.

The Divorce Process

The legal ending of a marriage is a relatively straightforward process, however it is important to speak to a solicitor before completing a divorce as it is usually recommended that you resolve other matters before your divorce is finalised.

By way of example, you will need to put a financial agreement in place setting out how your assets and liabilities will be shared between you. Without this, your spouse could come back to you in the future and make a claim. This is because marriage is a financial responsibility for life to your spouse and this does not end on divorce. The only way it can be ended is by an order of the court.

Once you have dealt with other issues and you are ready to divorce, either you or your spouse can apply to the court, stating that your marriage has irretrievably broken down. You also have the option to make a joint statement to this effect if you would like to apply together.

This is a fairly new process and aims to eliminate the blame that was sometimes apportioned in divorce cases in the past when allegations of unreasonable behaviour and adultery were sometimes needed to demonstrate irretrievable breakdown.

The new law means that this is no longer necessary. In addition, there is no longer any option to contest a divorce.

Once the statement has been lodged with the court, there is a twenty-week cooling off period. After this has passed, a conditional order is granted by the court. There is a further six-week wait, then a final order can be requested. Once this has been issued, the divorce is complete.

How Much Does A Divorce Cost UK?

When the application for a divorce is sent to the court, you will also need to send the court fee of £593.

Your solicitor will be able to let you know how much their fees are if they will be applying on your behalf and if they will be dealing with any other matters.

What Other Issues Need To Be Dealt With On Divorce?

Other matters that need to be dealt with include sharing property and other assets and arrangements for children.

Financial Arrangements On Divorce

Your solicitor will be able to work with you to try and negotiate a financial settlement. You will need to disclose all of your assets to each other and decide who will have what. If you own a property, one of you could retain this and the other one could receive a larger share of other assets such as investments or pension provision.

Alternatively, the property could be sold once any children living there have grown up and the proceeds shared. If you do not have children, then the property could be sold at this stage.

If you cannot reach an agreement on how your finances will be dealt with, your family law solicitor will refer you to mediation. A trained mediator will explain your options to you both and try and help you work together to find a solution.

If you are able to agree on the division of your assets, your solicitor will put this into a draft consent order and ask the court to seal it. This will make it legally binding and it is unlikely that your spouse will be able to come back to you in the future to make a financial claim.

Where you have not been able to agree on financial matters, your solicitor will prepare a case for court.

The court fee for an application for a consent order is £53.

Application for a financial order where consent has not been given is £275.

Depending on how easy it is to resolve matters, your solicitor may be able to deal with issues within a few hours. If your case requires more work, then they will discuss with you the likely level of their fees and make sure you are aware of these before they incur costs.

Arrangements For Children

You will also need to make arrangements regarding your children if you have any. This will cover issues such as who they will live with, how much time they will spend with each parent and who else they will see.

It is preferable to make these decisions with your children’s other parent wherever possible. If you cannot agree, then you are required by law to consider mediation, except in cases of domestic violence.

If you decide to try mediation, the mediator will talk through potential solutions with you and see if you can agree on the arrangements to be made. You do not have to go to mediation, but you do have to attend a Mediation Information and Assessment Meeting at which a mediator will explain the process to you and you will also have the opportunity to explain your situation to them.

Where mediation is not attempted or is not successful, you can ask the court to make arrangements. This is likely to take substantially longer and you run the risk that a decision will be imposed on you that you would not have chosen. With mediation, you will agree on the outcome.

The court fee for making an application for a child arrangements order is £232.

The Total Cost Of Divorce UK

Depending on your situation, you may need to pay for advice and representation for financial matters and arrangements for children as well as the divorce itself.

Our solicitors will all make sure you are clear about the level of costs from the outset so that you can budget accordingly. If your situation is straightforward, then a divorce need not be expensive.

If you would like to know the likely costs, simply give us a ring and let us put you in touch with the right family lawyer for your situation. You can have an initial conversation with them, discuss their fees and decide whether they are the right fit.

Find A Divorce Solicitor Near You

To be connected to a specialist solicitor near to where you live or work, please either call us now on 0845 1391399 or complete a Free Online Enquiry.

How Much Does A Divorce Cost UK?

 

How Long Does It Take To Get A Divorce In The UK?

How Long Does It Take To Get A Divorce In The UK?Timescale For Divorce: How Long Does It Take To Get A Divorce In The UK?

If you are considering ending your marriage, you are likely to be wondering, how long does it take to get a divorce in the UK? We take a look at the process involved and the likely timescale.

When starting a divorce, you are strongly advised to speak to an expert family law solicitor. Because there are other issues that must be taken into account before a divorce, such as a financial agreement and arrangements for children, if you have any, you are usually recommended to deal with these points before the divorce itself is finalised.

We can connect you to an expert divorce lawyer who will be able to advise you of your options and the next steps to be taken in securing a divorce. Our solicitors are selected for their high level of family law expertise as well as for the exceptional service they provide.

We are able to recommend the right lawyer for your needs, whether this is a fairly straightforward divorce or a complex or high value case.

To be connected to a specialist Divorce solicitor near to where you live, please either call us now on 0845 1391399 or complete a Free Online Enquiry.

Steps To Get A Divorce

Since the divorce law changed in April 2022, either party can apply for a divorce if they consider that the relationship has irretrievably broken down. It was previously the case that supporting facts would need to be shown such as adultery, unreasonable behaviour or separation. However, this is no longer the case.

The law now simply allows you to ask for a divorce if your marriage has irretrievably broken down. It is also possible for both you and your spouse to apply for a divorce together. This change in the law is aimed at avoiding the need for either party to blame the other, which could cause a relationship to worsen.

It is no longer possible to contest a divorce.

Sending The Divorce Application

The first step in the process is to send an application for a divorce to the court. Your solicitor will be able to complete this on your behalf if you wish. You will also need to make a statement saying that the relationship has irretrievably broken down.

Response To The Divorce Application

If you make a sole application, then your spouse will be advised of this by the court. They then need to reply to the court within 14 days by filling in an acknowledgment of service form.

Applying For A Conditional Order

There is then a ‘cooling off’ period of twenty weeks, intended to allow both parties the time to consider the situation.

Once the twenty-week period has expired, an application can be made to the court for a conditional order. A conditional order is effectively the court stating that it does not see any reason why a divorce should not be granted.

If you both made the initial application together, then you can both apply for the conditional order. Where only one of you is applying for a conditional order but you both made the initial application, a copy of the application for the conditional order must be sent to the other party.

Applying For A Final Order Of Divorce

After the conditional order has been issued, you will need to wait six weeks. You can then apply to the court for a final order. If it is not a joint application, you need to give your spouse 14 days’ notice that you will be making the application.

The court will then make a final order of divorce and the marriage is legally ended.

Total Time Taken For A Divorce

The above process takes a minimum of 26 weeks, or six months, taking into account the cooling off period of twenty weeks plus the six-week wait before a final order can be requested.

However, it is often advisable to deal with other issues before a divorce is finalised. This includes making arrangements for any children of the relationship and securing a financial order.

What Needs To Be Done Before You Get A Divorce?

Financial Order

It is very important to make financial arrangements at the time you divorce. This is because divorce alone does not end the financial obligations of marriage. Without a financial order, either party could make a claim against the other in the future. There is no deadline for this, meaning a claim could be made in many years’ time when either party’s wealth has changed substantially.

You are strongly advised to speak to a solicitor about securing a financial order. They will be able to ensure that your rights and interests are protected and that you have the financial security you need for the future. This includes working out how assets such as your home, savings and pensions will be dealt with.

Both of you will need to make full financial disclosure to the other and your solicitor will then be able to try and negotiate an agreed settlement on your behalf. If you are able to agree on how your finances and property will be dealt with, the court can be asked to seal this agreement in a legally binding consent order.

If an agreement cannot be reached, your solicitor will be able to refer you to mediation. A mediator will work with you to try and help you find an acceptable solution.

If you cannot agree on how your finances will be dealt with, then an application can be made to the court for a financial order. This can be a lengthy process and where the family court has backlogs, it could take a year or more to reach the final hearing stage.

Arrangements For Children

The courts prefer that arrangements for children are made between the parties wherever possible. Your solicitor will be able to negotiate on your behalf and help suggest options if you are finding it hard to agree.

If you cannot find an acceptable solution, it is usually the case that you will have to at least consider mediation before applying to the court. Your solicitor will be able to discuss this with you and refer you to a mediator.

Where you are able to agree on arrangements, these can be put before the court for approval. Where you cannot agree and mediation has not been successful, you can ask the court to make arrangements. Again, this can take a substantial period of time.

How Long Does It Take To Get A Divorce?

The divorce process alone can be completed in six months from the date of the initial application. Dealing with other issues will usually take longer however, so you are advised to start considering them as soon as you are certain you want to go ahead.

You will be able to start putting together the large amount of financial information that will be needed for disclosure and work with your solicitor to start the process as soon as possible.

Find Divorce Solicitors Near Me Now

We have a range of experienced family law solicitors on our books who have a track record of excellent results in achieving the desired outcomes for their clients.

To be connected to a specialist Divorce solicitor near to where you live, please either call us now on 0845 1391399 or complete a Free Online Enquiry.

 

How Long Does It Take To Get A Divorce In The UK?

Divorce Lawyers Near Me

Divorce Lawyers Near MeDivorce Lawyers Near Me

Divorce can be an extremely challenging period in anyone’s life, and if you’re heading over to your search engine and typing in ‘lawyer for divorce near me’, then you might be feeling daunted at the process.

Each case is different, depending on your personal circumstances, whether you have children together, whether you own a house together, and what assets you share.

To be connected to a specialist Divorce Lawyers near to where you live, please either call us now on 0845 1391399 or complete a Free Online Enquiry ».

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So, Where Do You Begin?

First things first – it’s a common misconception that divorces take years…

Sure, some do – but it depends on the circumstances.

Let’s start simply – if both parties in a divorce agree on it and the reasons why then legally finalising the divorce should take 4-6 months.

If there are issues around money, property, and childcare arrangements, then this will probably take a bit longer…

But the average divorce in the UK takes around 1 year to be finalised.

What Does Getting A Divorce Mean?

Simply put, the divorce process ends your marriage.

You can only get a divorce if you’ve been married for at least a year.  If you or your partner don’t agree to a divorce then it’ll take a whole lot more time and cost a whole lot more money than if you both agree…

Divorce Law In England & Wales

You should always try to agree on your reason for divorce with your partner – it’ll make things A LOT easier.

There are 5 facts when it comes to grounds for divorce to illustrate the breakdown of your marriage, which are:

  • Adultery
  • Unreasonable behaviour
  • Desertion
  • You’ve lived apart for 2 years and both agree to divorce
  • You’ve lived apart for 5 years, and your partner doesn’t agree to a divorce

If the factor you’re relying on for your grounds for divorce is the fact that you and your partner have been separated for 2 years, then you’ll need their consent to divorce.

If not, then you can’t rely on this as grounds for divorce.

If your former partner disagrees with the divorce, sometimes known as a defended divorce, or you fail to agree on who’ll pay the divorce fee and associated costs, you might need legal advice or need to go to court.

If you’re relying on 5 years separation without the permission of your partner, then it’s unlikely to require a court.  But, you should get legal advice.

What Are The Main Stages Of The Divorce Process?

We know the process of divorce can seem pretty daunting at first, so here’s a step-by-step list of how it works – to make things easier:

  1. File a divorce petition
  2. Acknowledgement of service – This confirms your spouse has received the divorce papers, they’re happy with the grounds for divorce, and whether they agree to or wish to contest the divorce
  3. Application for Decree Nisi – This states the court can’t see a reason why you cannot obtain a divorce
  4. Application for Decree Absolute – If the judge accepts your reasons for divorce, then 6 weeks and 1 day later, you can apply for Decree Absolute (the final decree) and legally finalise your divorce.

Sorting out financial issues can be a sticking point in divorce, and depending on your circumstances, then could be a significant point of contention.

If you’ve agreed to divide any assets, then you’ll need to obtain a financial court order by having a solicitor draw up a consent order to document the divorce settlement you’ve come to.

Finding A Fixed Fee Divorce Lawyer Near Me

Whatever your need, there’s a divorce solicitor near you that can assist with your divorce proceedings…

Get Connected With Divorce Lawyers Near Me Now!

Find A Solicitor

To be connected to a specialist solicitor near to where you live, please either call us now on 0845 1391399 or complete a Free Online Enquiry ».

 

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