Divorce/Dissolution of a Civil Partnership

The breakdown of any relationship can be a stressful and anxious time for anyone. Our family law team can give you the guidance you need if you choose to end your marriage or civil partnership. We will handle your case with sensitivity, care and respect.

We are proud holders of the Resolution accreditation. As Resolution members we are committed to a specific Code of Practice which promotes a constructive approach to family issues that considers the needs of the whole family.

What to expect from our divorce solicitors

Whether advising on divorce or the dissolution of a civil partnership, our family law team will work with you, advising you of the options available and the best way forward. We encourage clients to maintain a constructive dialogue, especially when children are involved. We will try to resolve all cases sensitively and without court proceedings. If your case does require a court-based settlement, our team will advise, assist and support you all of the way. We provide:

• Pragmatic but personal support
• Sensitive and constructive dialogue
• A focus on settlement

Requirements for a divorce

In order to divorce or obtain a civil partnership dissolution, you need to have been married for more than a year.

There are various requirements to establish jurisdiction, but if either you or your spouse are resident in England and Wales, then it is very likely that you will be able to seek a divorce or dissolution there.

If either you or your spouse are not resident or domiciled in England and Wales, the courts may not have jurisdiction. Either of you may be able to commence divorce or dissolution proceedings elsewhere. Whether this is the case and whether it is advisable depends on your specific circumstances. It is very important that you should take advice.

Where should the divorce or dissolution take place?

It may be the case that there is more than one possible jurisdiction for a divorce, and again, urgent advice must be taken, as timing could be critical for an application to be filed in one jurisdiction, rather than another.

In many jurisdictions, the financial remedies on divorce or dissolution will be determined as to where the proceedings take place. The outcome for a financial settlement might be very different in one jurisdiction, rather than another.

Divorce or civil partnership dissolution in England and Wales

England and Wales have a ‘no fault’ divorce system for both divorce and dissolution for applications issued on or after 6 April 2022. As a result of this means the only grounds for divorce is that the marriage/civil partnership has irretrievably broken down.

Procedure

The first step is for the Court to issue your application for divorce or dissolution. You will need to provide your marriage certificate and a court fee. If you make the application you are known as the applicant. If you make application jointly, you will be known as applicant 1 and the other applicant 2.

The court will serve the application on your spouse/partner, usually by email and post. In some circumstances, alternative arrangements can be made by the applicant. Your spouse/partner will be known as the respondent. They must return their responses to the court. A response form must also be completed if there are joint applicants.

There are limited options to dispute proceedings, although it may be possible on jurisdictional grounds or if there is a dispute about validity, fraud or procedural irregularity.

If the proceedings go ahead on an undefended basis, the applicant (if a sole application), both applicants in a joint application, or in some circumstances a sole applicant (if proceedings have been issued jointly), can then apply for the first stage of the divorce or dissolution, known as a conditional order (previously known as decree nisi). The application can only be made a minimum of 20 weeks from the date the application is issued.

The court reviews the application and, if satisfied that the criteria are met, grants a certificate of entitlement to the conditional order and timetables a date for pronouncement.

The conditional order is pronounced in open court and a copy sent to both parties. From this stage, the court can make financial orders if asked.

Six weeks and one day after the conditional order, the applicant (or joint applicants) may apply for the final order (previously called decree absolute). If they do not the respondent may apply.

The final order is made and sent to both parties. The final order terminates a marriage or a civil partnership. It does not sever financial links between the parties.

Online divorce or dissolution

It is possible to obtain a divorce or dissolution through an online service provided by the court service. In some circumstances, the court may require a paper application.

Disputed divorce or dissolution

There are very limited opportunities to dispute a divorce or dissolution if you do not accept that the marriage or civil partnership has broken down. To do so, a response must be filed within a limited time frame from service of the application. It is important to note that, save for the pronouncement of conditional orders, undefended applications are private. By contrast, defended divorces are heard in public proceedings. There are also cost consequences of defending divorces or dissolution proceedings. The procedure requires specialist advice.

Effect of final order

A final order terminates your marriage or civil partnership. Once you have a final order you can remarry.

It also affects inheritance under a will. You should review your will after a final order.

A final order does not terminate your financial rights and responsibilities against or towards your former spouse/civil partner. Financial issues have to be considered and addressed separately in a court order. This can be done by consent, utilising a number of different dispute resolution options, or through the court.

It may be prudent to apply to the court to delay an application for final order until a financial settlement is obtained, such as cases involving pensions or where the former matrimonial home is held in the name of one spouse/civil partner. Legal advice is recommended.

Nullity

In certain very limited circumstances, it is possible to obtain a declaration that the marriage or civil partnership was void or voidable. This is a specialist and niche area of law.

As with a disputed divorce or dissolution, this process is heard in open court.

Religious marriages and divorces or dissolutions

A legal divorce or dissolution does not fulfil the requirements of a religious divorce or dissolution which are specific to the religion in question and must be dealt with separately, additional to a legal divorce or dissolution. Equally fulfilling the criteria to obtain a religious divorce or dissolution alone will not mean that you are legally divorced or that the civil partnership is dissolved.

Judicial separation

If you do not wish to divorce or dissolve your civil partnership but do need a formalised legal separation, you can apply for a judicial separation. The process and legal implications of a judicial separation are different from divorce and dissolution. Most significantly, your marriage or civil partnership is not terminated by a judicial separation. Whether it is advisable to opt for judicial separation instead of a divorce will depend on your particular circumstances.