Unfortunately, in the UK an estimated 42% of marriages end in divorce. During this upsetting time, you may be seeking some guidance on exactly how to apply for divorce. As ending your marriage is an extremely upsetting circumstance, applying for divorce may seem completely overwhelming. This is normal and there are people here to help.
Reputable family law solicitor Carole Nettleton, offers her advice for those seeking a divorce.
Make Sure This Is What You Want
Before you take the necessary steps to end your marriage, it’s important to take time to consider whether divorce is the right thing for you. Many people exclaim their want for divorce in a fit of anger, don’t let this dictate your decision. It’s important where possible, to sit down and talk with your partner.
However, If you are struggling to cope with the prospect of divorce, seek counseling for help.
Check To See If You’re Eligible
To be able to get a divorce in the UK, you must meet certain criteria. But don’t worry, it’s just to ensure the right decision is being made. These are the following things that need to be true in order to apply for a divorce:
- You’ve been married for at least a year
- Your relationship has irretrievably broken down
- Your marriage is legally recognized in the UK (Includes same-sex marriage)
If the above is true for you, you can move on to the next step.
Seek Legal Advice
It’s at this point that seeking professional legal advice is a good idea. If you’re eligible for divorce, it’s best to hire a family law solicitor to help you through the process.
A solicitor can provide many helpful services for you, these include mediation, translation of legal jargon, and offering the best advice. This means that you don’t have to worry about the legal side of divorce as much, and can focus on yourself and the future.
Divide Your Assets And Make Arrangements For Your Children
This is the part of the divorce that can get difficult. If you’ve hired a divorce solicitor then they can help you sort out your financial affairs with your ex-partner. If you and your ex can agree on how to best settle your assets, then you can avoid going to court and move quickly along to the next step.
Also, this is the part of the application process where you need to decide on arrangements for your children if you have them. You’ll need to decide on custody and visitation.
Apply For A Divorce
Once the above is sorted, you can now finally apply for divorce. You can do this online or via post, and you’ll need to pay a fee of £595. If you need help paying this then don’t worry, there’s financial aid available for those who are eligible.
You’ll also need your and your ex-partner’s full names and addresses, and marriage certificates. Proof of a name change (if applicable) is needed too.
Apply For A Conditional Order
A conditional order is a document stating that the court sees no reason why you and your ex-spouse can’t get divorced. You’ll need one of these to finalize your divorce.
For a conditional order, you’ll need to wait 20 weeks after your divorce application has been issued. You’ll then have to wait an additional 6 weeks and a day after the document arrives to apply for a final order.
Apply For A Final Order
The final step is here, once the time has passed after receiving your conditional order, you’ll be able to apply for a final order.
Once you’ve received your final order, you’ll have legally ended your marriage.
