Understanding the Divorce Law Process in the UK

A brief look at the process involved in getting a divorce in the UK. Nobody spends their wedding day considering what might happen if the marriage were to break down: that simply isn’t romantic. Unfortunately, it is the grim reality that a great many marriages end in divorce, so it is important to be aware of
divorce law and the process for dissolving a marriage.

Actually the process for divorcing in the UK is relatively simple. What complicate the matter are the problems that come with divorce, such as dividing assets or organising child custody. In fact, an uncomplicated divorce, although rare, can be done entirely by post, without the need for a family law solicitor and without stepping foot in court.

Either partner can petition for a divorce, providing they have been married for a year or more and that they live in England and Wales. The petitioning partner must prove that the marriage has ‘irretrievably broken down’ in order for a divorce to be granted. That means demonstrating that adultery has been committed, unreasonable behaviour has been experienced or that one partner has been the victim of desertion. Alternatively, if the couple has been separated for two years and both want a divorce, or five years if one party does not consent, then divorce may also be granted.

The first stage is that the person petitioning for divorce (the petitioner) sends the petition to the court and the husband or wife. Normally the other partner will agree to the divorce, but should it be contested expect to appear in court. If the case is straightforward and the judge is happy to grant your divorce then you will be sent a form telling you the date and time when your divorce will be granted. This is called ‘pronouncing the decree nisi.’

Following the decree nisi, the last stage is the decree absolute. This is when the divorce is made official and final. At this point there is no going back as the divorce is finalised and irrevocable.

This whole process has been known to take as little as four to six months. But remember that this is very rare. Any disagreement or complication can make the process more complex and drawn out, so it is often worth consulting a family law solicitor.