How to get a divorce

The divorce process is the procedure couples have to go through in order to bring their marriage to an end in the eyes of the law.

How to get a divorce?

In England and Wales, there are divorce guidelines that must be acknowledged, accepted and reached before any divorce process can begin. These include:

– you’ve been married for over a year

– your relationship has permanently broken down

– your marriage is legally recognised in the UK (including same-sex marriage)

– the UK is your permanent home or the permanent home of your husband or wife

Getting a divorce is different in Scotland and Northern Ireland.

Divorce Process Step-by-Step

There are 7 steps in the divorce process that must be completed before the divorce can be finalised by the Court. 

Step 1. Issue a D8 Divorce Petition Form

A D8 divorce application form must be completed and submitted alongside a payment of £593 to initiate the proceedings.

You may be exempt from paying the Court fee if you are in receipt of certain benefits or are on a low income. An application can be made on your behalf for help with fees. 

Step 2. The Court serves the Application on the Respondent 

If the divorce application is correct and the necessary court fee has been paid, the court sends the application to the Respondent. The Respondent is required to complete and return the Acknowledgement of Service to the Court.

Step 3. Applicant Files for the Conditional Order 

The Applicant files for the first certificate in the divorce, the Conditional Order and provides a statement that is in support of divorce. At this stage, you are asking the court for permission to divorce and a judge will begin to review the case.

The Conditional Order cannot be applied for until 20 weeks after the application has been issued.

Step 4. Conditional Order Pronouncement

If the ground for divorce is accepted by the judge, the application gets listed in the judge’s list for pronouncement of Conditional Order. Once the Conditional Order is pronounced, it is confirmation from the Court that the divorce can be granted.

Step 5. Apply for the Final Order 

The final step in the divorce process is to apply for the Final Order. The Final Order cannot be applied for until 6 weeks and 1 day after the pronouncement of the Conditional Order. 

The act of divorce does not in itself end the financial relationship between you. This is dealt with separately. 

How long does a typical divorce process take to complete?

There is a minimum time frame of 26 weeks from the date the Application is issued to obtaining the Final Order.

How Henry Hyams family law solicitors can help with our divorce services

Our specialist divorce lawyers are one of the top law firms in Leeds and have the experience and expertise to guide you through any divorce proceeding that you are currently in or about to begin. 

Should you have any questions or would like to talk to one of our divorce solicitors in Leeds, West Yorkshire, please contact our Leeds lawyers on the email below or contact us on 0113 243 2288.

Contact our Leeds divorce solicitors:
family@henryhyams.com