Your Comprehensive One-Page Guide to Filing a Divorce in the UK

If you’re seeking divorce in the UK, but don’t really know how to initiate the divorce proceedings, this comprehensive one-page guide will equip you with all information you need.

However, before we proceed, please make note that this guide should not be used as a substitute for professional help. The purpose of this guide is to brief you about the steps and requirements that entail a divorce process in the UK. Whenever in doubt on any divorce-related matter, or wherever you find yourself struggling to reach a settlement with your partner on any of the issues, please consult a UK family law solicitor for help.

Now that we have established the purpose of this guide, let’s start the brief.

First things first…

To file a divorce in the UK, you must be married for at least twelve months. Applications that don’t fulfil this requirement are not considered.

You must have a legitimate reason to file a divorce in the UK

Next, you must have a legitimate reason to seek divorce from your partner. According to the Matrimonial Causes Act 1973, a divorce can be sought on the grounds of:

• Adultery;
• Unreasonable behaviour;
• Desertion; or
• Separation

If you believe you can prove your case based on any of the above-listed reasons, getting a divorce shouldn’t be difficult for you.

The ‘petitioner’ and the ‘respondent’

The first step to filing a divorce in the UK is submitting the divorce petition form D8. This form is available online, or you can also get it from a local stationery shop. The spouse filing for divorce (in this case—you) is referred to as the ‘petitioner’, while the other spouse is known as the ‘respondent’.

Fill the form carefully and mail it to your county court. Don’t forget to attach your marriage certificate and court fee (£550) with your application. You can also submit the form online.

What the court does next

On receiving your divorce application form, the court will review it and analyse your case. It’s vital that while filling the form, you provide the court with all the evidence needed in support of your application.

If the court finds your request for divorce legitimate, it will send your partner a copy of the divorce petition (along with an Acknowledgment of Service Form), communicating with them your desire to seek a divorce.This whole process is called “serving the petition”.

The Acknowledgment of Service Form should be signed and sent back by your partner to the court within 7 days of receiving it.

The next stage…

This is where things can get ugly. The court will determine whether your partner would like to contest the filed divorce petition. If they do, then both of you will be called up to put your case forward.  If they don’t and agree to the divorce, the court will then ensure that every relevant issue between the two of you has been settled. This includes financial issues, child residency issues and other issues that can potentially put a spanner in the divorce proceedings.

Applying for a decree of nisi will be issued

Once everything between you and your partner has been settled, you will then apply for a decree of nisi certificate. This is basically an interim divorce certificate.

You can apply for a decree of nisi certificate by completing and submitting the following divorce forms:

• Application form D84
• Form D80 through to D80E

The court will review the forms and if it finds everything is in order, it will then issue a decree of nisi certificate.

Applying for a decree absolute

On receiving the decree of nisi, you must wait six weeks before applying for a decree absolute. During this time, make sure all the necessary arrangements on agreed provision of settlements are in place.

After six weeks and one day, you can apply for the final piece of paper – the decree absolute. Fill and submit form D36 with the court.

Finally, you’ll be sent a decree absolute certificatewhich is an official confirmation that your marriage has now ended.

Do you have any questions about the UK divorce process or need any form of help in filing your petition? Feel free to reach out; our UK family law solicitors will be happy to serve you.

A BONUS read: The Effects of Divorce on Children and Who Gets Custody?