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.

How to get divorced

The administrative process of divorce is relatively straightforward, and can be done entirely online, or by post if you prefer. You need to apply for a divorce via the Government website, using Form D8, Application for divorce or dissolution.

It is important to note that the act of divorce itself does not end the financial relationship between you and your partner.

To separate your finances, you must reach a financial settlement, formalised in a financial consent order. This is a legally binding court order instructing how your assets will be divided. Full and frank financial disclosure is essential in this process, and you may need to use the Form E, which documents all your joint and sole assets, finances, property and liabilities in depth so you can make an informed financial settlement. You can download our guide to filling in the Form E to help you.

Arrangements for children, for example where they will live, will need to be made if required. These are also dealt with separately from the legal dissolution of your marriage.

Whilst you can legally end your marriage without a lawyer, it is highly recommended that you seek legal advice when going through divorce, particularly when dealing with your finances. An expert family lawyer can support you with the administrative tasks involved in divorce, and will guide you through separation of finances, and child arrangements if needed.

For more detailed information, download our Beginner’s Guide to Divorce. This Handbook takes you through the divorce process step-by-step, including detailed information on how financial settlements and child arrangements work.