How do I get divorced?

Can I apply?

Before making a divorce application, you need to be certain that the court can deal with it. Has the marriage irretrievably broken down? Do you (or your spouse) live in England and Wales (or are you domiciled here)? Job done. There is no longer any need (or opportunity) to apportion blame, there is no requirement to say why the marriage has broken down (for example, the ‘old’ facts of adultery, unreasonable behaviour, desertion, and separation for a specified period).

How to apply for divorce

The divorce application process is simpler and more accessible now than ever before, so many people decide to deal with this themselves. It’s often a good idea to speak to a solicitor before doing that though, so that you have a good understanding of the process the application is starting, who will be sent what and when. When you’re ready to make the application you can do so online, here. You’ll need to set up an account and provide basic information (including contact information and email addresses) about yourself, your spouse, and the marriage. You can pay the court fee by credit or debit card.

The divorce application will usually be automatically sent to your spouse by email, so it’s generally sensible to let them know about that in advance. The HM Courts & Tribunals Service (HMCTS) email they receive will give them information about what to do and by when.

Financial matters

Matrimonial finance matters do not, strictly, form part of the divorce application process. They should go hand-in-hand with it though, and most people use the time within the divorce process to exchange financial information, and negotiate settlement terms with their spouse. This is a complicated process and most people will find it helpful to either instruct a solicitor to deal with this for them, or to provide them with legal advice and support along the way. There are a wide variety of approaches which can be taken, and factors to take into account. At Blake Morgan, we have a range of family law specialists including solicitors, mediators and collaborative lawyers who can either facilitate amicable resolutions and minimise conflict, or robustly manage contentious matters.

Depending on the complexity of your case, you may need to attend court hearings. These hearings allow the judge to manage the progression of financial matters, and if necessary, make decisions on any contested issues. Most cases are settled by agreement, but if you have to go to a final hearing you will be required to give evidence. It is possible to self-represent in court proceedings but most people find that appointing a solicitor to advise and represent them saves money and time overall.

Conclusion

Applying for a divorce can be a daunting journey, but with the right support and guidance, you can navigate the process with confidence. At Blake Morgan, we are committed to providing compassionate and expert legal advice to help you achieve a fair and amicable resolution. Remember to seek legal advice and support from professionals to ensure your rights are protected and your interests are represented.