The Divorce Process In The UK Explained
If you’ve decided that a divorce is inevitable, it’s a good idea to familiarise yourself with the divorce process in the UK that you’ll be facing, should you decide to legally separate from your spouse. Each country has its own unique set of laws governing the divorce process, and the UK is no exception. Being familiar with the laws, guidelines, timetables, and requirements of filing for divorce before you begin the process can help you to ensure that you aren’t missing important details, and will help you to avoid some potential pitfalls down the line…
A) Divorce Process UK: Make sure that you and your spouse are on the same page
If you and your spouse have already discussed getting a divorce, this may seem like a no-brainer. But there is a big difference between talking about a divorce and actually filing for one. It’s important to figure out how your spouse is feeling before you begin the divorce process, because it may affect how you proceed. If your spouse wants a divorce, and the two of you are still on amicable terms, you may be able to go through the entire divorce process without hiring a solicitor. But if you suspect that you and your spouse may disagree on some terms of the divorce, you’ll want to begin searching for legal help.
B) Divorce Process UK: You’ll have to ask the courts for permission to divorce
The first legal step that you’ll need to take to file for divorce is to apply to the court for permission to divorce. If you and your spouse have mutually agreed to the divorce already, you won’t have to attend a hearing. But if you haven’t agreed, or if you and your spouse are not speaking at the time, it will be necessary to seek the help of a process server. A process server will deliver a court summons to your spouse, and the two of you will appear before a judge to request a divorce.
Depending upon your unique situation, many different factors may affect whether the court decides to allow you to file for divorce. For instance, you won’t be granted permission to divorce if you haven’t been married for one year at the time of the filing. Keep in mind that you will have to present your reasons for seeking divorce during your court session.
C) Divorce Process UK: It isn’t cheap, and it isn’t fast either
Each step of the divorce process is going to cost, even if you do not need help from a solicitor or process server. The first step, applying to the court for permission to get a divorce, will currently set you back £550. You’ll then pay an additional £100 for a consent order, which is a legal document that states the terms of financial separation that you and your spouse have agreed upon. If you can’t agree, you can apply for a financial order, which means that the court would then decide how your finances should be split, which costs another £255. If you have to seek additional help from solicitors, you could be facing costs of upwards of several thousands of pounds.
Even if you and your future ex agree on all of the terms of the impending divorce, the legal process could still take more than seven months. If you don’t agree, even on just a few terms, the process could take a lot longer.
Writer’s Bio: Lewis Murawski is the marketing and business development manager at Diem Legal and Managing Director of Kahootz Media. Need professional help with digital marketing? You can connect with Lewis directly on LinkedIn