Background

Divorce & Dissolution of a Civil Partnership

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In most cases, divorce proceedings are straightforward and one of our fixed-fee packages will give you the assistance you require. However, when a divorce is complicated you may require advice and support beyond the scope of our fixed-fee packages.

Please see our fees page for information regarding costs. It is useful to note that in addition to our costs you will have to pay the Court Fee, which is currently £593.00.

An uncontested divorce is largely a paperwork process and you will not ordinarily have to attend court. Most divorces take around 6 months but can take longer if there are contested issues or lengthy negotiations regarding financial matters. We can deal with the divorce either when you are issuing the proceedings (the ‘Applicant’) or where your spouse has issued the divorce (you are then the ‘Respondent’).

Procedure for a Divorce and the Dissolution of a Civil Partnership

The process and terminology for divorce proceedings changed on 6 April 2022. The following sets out the current procedure for a divorce and the dissolution of a civil partnership (undefended):

Step 1

Decide who will apply for divorce. You can apply alone, or with your spouse/partner. If you do it on your own it’s called a sole application. If you do it with your partner it’s called a joint application.

Step 2

Applicant/s issue Divorce Application (form D8) based on the ground of irretrievable breakdown of marriage.

Step 3

Divorce application and Acknowledgement of Service form sent to spouse (the Respondent in a sole application or both spouses in a joint application).

Step 4

Acknowledgement of service returned to court by respondent (or both applicants in joint application), sealed and sent to Applicant.

Step 5

After a 20-week ‘cool-down’ period from date divorce application issued, Applicant files application for Conditional Order.

Step 6

Case considered by Court Officer and if no queries Certificate of entitlement to a Conditional Order issued by Court; date set for Conditional Order application to be dealt with by a Judge.

Step 7

Conditional Order/ Dissolution Hearing – You do not need to attend Court, unless you wish to be heard on application of costs.

Step 8

Conditional Order pronounced.

Step 9

Applicant issues application for Final Order of Divorce/ Decree of Judicial Separation or Dissolution Order:

  • This cannot be done until 6 weeks and 1 day has passed after granting of Conditional Order.
  • In certain circumstances the Respondent can make this application but not until 4.5 months has past.

Step 10

Final Order/ Dissolution Order granted – Divorce Complete.

Divorce & Dissolution of a Civil Partnership Lawyers

Hannah Byatt BA (Hons)

Partner - Team Leader Family

Farhana Butt LLB

Partner - Family Mediator & Collaborative Lawyer

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Key contact

Hannah Byatt BA (Hons)

Partner - Team Leader Family

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