There are 5 administrative stages of divorce: Stage 1: Decide on the legal reasons on which you wish to reply for divorce. Stage 2: Complete a divorce petition. Stage 3: Submit the divorce petition to a divorce centre with the court fee. Stage 4: Apply for a decree nisi (once the petition is acknowledged by your spouse). Stage 5: Apply for a decree absolute (6 weeks after you have the decree nisi).

But what if there’s money to be sorted out?

There is a question about making a financial claim on the petition and you just tick a box. However, it is rarely that simple. Very few people know exactly what assets there are. Whilst you can find out what property, assets and income there is by yourself (a process called financial disclosure) we would strongly recommend getting legal advice, so you are protected financially. It’s one thing to know what there is, however that doesn’t mean that you will know how those assets and financial resources including income should be distributed.

What happens if my spouse refuses to return the Acknowledgement of Service?

If your spouse wants to dispute the divorce petition, they have to fill out an “Answer” and return it to court within 28 days of receiving the application. A defended divorce will involve a court hearing where the judge will ask for further details and evidence go be considered at a contested hearing. The judge will then make a decision at this contested hearing as to whether the marriage should be dissolved.

How long will a divorce take?

All in all, the process could take around five months to complete – provided both parties do everything required at the earliest opportunity.

How long do you have to be separated before you can get divorced?

If you are divorcing on the grounds of separation you will need to have been separated for two years (if you both agree) or five years (if you don’t agree) before you can start the process.

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Home Rights Notices in Divorce and Civil Partnership Dissolutions

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The family home is often the most significant asset in divorce and civil partnership dissolutions. However, when the property is solely owned by one partner, it can create complex challenges.

Whether the house was owned before the marriage, or purchased by one partner alone, the non-owning spouse may face difficulties securing their rights during the separation process. In these situations, a Home Rights Notice can safeguard the non-owning partner’s right to remain in the family home during until the relationship has formally ended and help prevent the property from being sold or mortgaged without their knowledge.

Understanding how a Home Rights Notice works and when it should be used can be crucial in navigating the emotional and financial complexities of a divorce or civil partnership dissolution.

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Submit your details, and we’ll arrange a free, no-obligation callback at a time to suit you. Please note that we cannot offer Legal aid.

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Tel* We’ll use this number to call you. If your callback is of a sensitive nature, you might find it useful to choose a number that allows you to speak privately.
For UK numbers, please omit the first zero when entering. For Non-UK numbers, please select the correct country code from the drop-down menu.
Email* We'll send you an email confirming the date and time of your scheduled callback. Depending on your enquiry, it might be relevant to provide an email address that only you have access to.

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Download the guide

Why might a home be legally owned by just one partner?

There are several reasons why the family home might be owned solely by one partner. Common reasons include:

One partner owned the home before the marriage.
Only one partner was able to secure a mortgage at the time of purchase.

What is a Home Rights Notice?

In England and Wales, a Home Rights Notice (formerly known as a Matrimonial Homes Notice) protects individuals who do not own a property but have a right to occupy it. This is typically used when one partner continues to live in the other’s property during a divorce or civil partnership dissolution to secure their right to occupy the home. If the non-owner moves out of the property, a Home Rights Notice can still be used. It alerts any potential buyers that the non-owner may have a claim to the property, making it harder for the owner to sell or transfer it without addressing this interest.

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How does a Home Rights Notice Work?

A Home Rights Notice is registered with the Land Registry to prevent the sale of the property without the non-owning partner’s knowledge until the notice is lifted. This provides two key protections:

The right to occupy the property.
Protection from the owner-spouse selling, transferring, or mortgaging the property.

The notice does not change the legal ownership of the property, but it safeguards the non-owning partner’s rights during the divorce or dissolution process.

Why you might consider a Home Rights Notice

When a couple separates, the non-property-owning partner can still live in the family home until financial matters are settled. Without a Home Rights Notice, the property owner could sell the house, leaving the non-owner homeless and complicating financial proceedings.

In such cases, urgent applications to freeze the sale proceeds would need to be considered to prevent further complications.

A Home Rights Notice ensures that anyone conducting a Land Registry search, such as prospective buyers or mortgage lenders, is informed that the non-owning partner potentially has an interest in that property.

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Common questions about Home Rights Notices

How do I get a Home Rights Notice?

To apply for a Home Rights Notice, contact a family lawyer who will help you complete a Form HR1 and submit it to HM Land Registry. If you are legally married to the property owner and live in the property, your application will typically be granted, preventing the property from being sold without your knowledge.
How much does a Home Rights Notice cost?

There is no fee to register a Home Rights Notice with HM Land Registry.
How long do Home Rights Notices last?

A Home Rights Notice lasts as long as the legally married partner retains rights to the property. These rights end when the divorce is finalised, the death of the non-owner party, by written consent of the non-owner or through a court order. Once the divorce or civil partnership dissolution is legally complete, the notice is no longer valid and an application can be made to cancel the Homes Rights Notice
Do I need the homeowner’s consent to apply for a Home Rights Notice?

You do not need the property owner’s consent to apply for a Home Rights Notice. However, the property owner will be notified in writing by HM Land Registry once the notice is applied.
Are all homes treated the same?

Not all properties qualify as a matrimonial home. For a property to qualify, it must have been occupied jointly as a matrimonial home or intended to be used as such during the marriage or civil partnership. This protection does not apply to rental properties or to cohabitees (unmarried couples).
Can my ex block a Home Rights Notice?

No, however an application can be made to cancel the notice, as in the circumstances listed above.

Download the Form E guide

HM Land Registry’s free property alert service

HM Land Registry offers a free Property Alert service that lets non-owning spouses monitor up to 10 properties. The service sends email alerts if significant changes occur, such as a mortgage being charged against the property. While this is not a replacement for a Home Rights Notice, it can help alert you to potential changes that could affect your rights.

Help and Advice

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Author: Sebastian Burrows

Seb represents clients in all aspects of family law and is well versed in handling complex and high-net-worth cases often with an international element. He is described in the Legal 500 as practical, realistic and personable’, ‘pragmatic and sensitive’ and ‘excellent, intelligent and thoughtful’.

Date last reviewed: 16/10/2024