How To Start Divorce Proceedings
Naturally, there’s an overwhelming thought to the idea of starting divorce proceedings. Getting divorced is rarely a decision made lightly, and can be an emotionally taxing experience for all. To aid with the process, our expert divorce lawyers in Plymouth have simplified how to start divorce proceedings into 5 clear steps and outlined key points you need to consider as you move through the divorce process.
Am I eligible for a divorce?
When it comes to how to start divorce proceedings, the first thing to consider is whether you can actually start divorce proceedings.
In England and in Wales, you can apply for a divorce if you have been married for more than a year. The marriage must also be legally recognised in the UK and the relationship is permanently broken down.
You don’t need to make any allegations to get a divorce – this is now called a ‘no fault divorce’.
Step 1: Starting an application for a divorce
Applying for a divorce can be made online through GOV.uk or a paper application, known as Form D8.
Only one application is required, and this depends on the following circumstances:
- both together – called a joint application
- Individually – called a sole application
It’s also vital that before an application, you have a copy of your marriage certificate and the correspondence address of your spouse. You will need to confirm you want to continue with the divorce application at each stage of the process. If your spouse does not respond during this time, this will be changed to the sole applicant.
It is important that you ensure you preserve your financial position within that divorce application at the relevant section.
Step 2: What is the Reflection Period?
Once your divorce application has been made, you will receive a confirmation that your divorce application has been issued (letter out), including a stamped copy of your application from HM Courts and Tribunal Service (HMCTS), with a receipt and case number.
Following this, you will need to wait 20 weeks, which is known as the reflection period. A reflection period is compared to a ‘cooling off’ period, and is an opportunity for couples to agree on arrangements for their separate futures and decide on changing their mind.
Step 3: Applying for a conditional order
The next step in how to start divorce proceedings is the application for a conditional order. A conditional order (previously known as decree nisi) comes after the reflection period ends (20 weeks) and is at the mid-point stage of the divorcing process. This confirms that all legal requirements have been met.
A conditional order application (Form D84) can be applied for online or on paper, through your local court.
If a sole application, the court will proceed and confirm if the other party has been served with the papers. A joint application will require both parties to apply for the conditional order.
If the other party does not cooperate during the joint application, either person can apply as a solo applicant.
Regarding financial matters, at this stage, you can only submit a financial agreement, in the form of a Consent Order, after the Conditional Order has been granted.
You must then wait another 6 weeks and 1 day before applying for the Final Order.
Step 5: Finalising your divorce
After the conditional order ends, you may apply for the Final Order to finalise the divorce. A final order application (Form D36) can be applied for online or on paper through your local court.
This will confirm and finalise the divorce proceedings, legally ending the marriage.
Note: It’s advisable to ensure that all financial matters are in place before applying for the Final Order.
Do I need a solicitor for a divorce?
It’s highly advisable to seek a family solicitor before starting an application. This is to ensure you understand how to start divorce proceedings properly, carefully consider your legal standing, particularly if the divorce involves children, property, finances and other assets.
Solicitors can also assist with relevant applications required throughout the divorce proceedings, helping you to avoid delays or technical issues.
In certain cases, where you are unable to contact your spouse or safety is a concern because of domestic abuse, family law solicitors will work with you to protect your best interests and provide additional third-party support.
How can GA Solicitors help
At GA Solicitors, our expert family law solicitors in Plymouth form one of the most highly regarded local family law teams. Ranked in Chambers & Partners UK and The Legal 500, you can be assured you are in safe hands.
If you are seeking advice on how to start divorce proceedings or are currently involved in a divorce, we are here to help. Call GA Solicitors on 01752 203500 or fill in the contact form to speak to a member of the team. Alternatively, email enquiries@GAsolicitors.com.
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