Filing for divorce

Very clear information on this site and lots of helpful financial insights.  Money is going to get tight so you need to manage it!

There are several fixed stages of divorce which vary slightly across the UK. Find information that’s relevant to where you’re thinking of getting divorced.

The divorce process in England and WalesHide

Getting divorced in England or Wales involves one person starting the process. They are called the ‘petitioner’. The husband or wife of the petitioner is called the ‘respondent’. In some divorces it will be one spouse’s decision, so they will start the process, but in others you may decide between you who the petitioner is and who the respondent is. It’s best to stay on civil terms with your husband or wife if you possibly can, because there’s a lot for you to sort out.

The stages of divorce

There are two stages to the divorce process:

1. a decree nisi, which means you’re moving towards divorce but nothing is finalised yet, and
2. the decree absolute which means that the marriage is entirely at an end. After this you’re both free to re-marry

Starting a divorce

To start a divorce, either you or your spouse needs to complete a document, known as a petition, and post or deliver it to your local county court, along with a court fee of £340.

Find your local court

Download a divorce petition form

Justifications for a divorce

The petition must rely on one of five possible facts to prove that the marriage has irretrievably broken down.

• Adultery with another person of the opposite sex
• Unreasonable behaviour
• Two years' desertion (when your partner leaves without explanation and without your consent)
• Living apart for two years, if you both agree to the divorce
• Living apart for five years (in which case your spouse doesn’t have to agree to the divorce)

You can’t file an application for divorce until at least one year after you married.

For more information:-

www.moneyadviceservice.org.uk/en/articles/filing-for-divorce