Your Divorce outcome questions answered

Once you have petitioned ( applied) for divorce or legal separation, there are a number of stages and forms that this then takes;

Application and response

You cannot begin divorce proceedings until you have been married for at least a year.

The person seeking a divorce (the 'applicant') submits an application to the court (using a Form D8) declaring that the marriage has broken down irretrievably and pays the £593 court fee. (or you may be entitled to a fee waiver for a free divorce, please ask)

Within 28 days the court sends a copy of the divorce application to your spouse (‘the respondent’) together with a ‘Notice of Proceedings’, and an ‘Acknowledgment of Service’ to complete and return to the court. This is all generally sent in an email and followed up by a letter.

The respondent has 14 days to return the Acknowledgment of Service. If the respondent declines to return it, a ‘process server’ can be instructed to serve the application to the respondent by hand and the process server then provides a statement confirming that the respondent has received the divorce papers.

Alternatively, you and your spouse can apply as joint applicants.

Cooling off period

There is a 20-week cooling off period after the court has issued the application, before you can apply for a conditional order- which is the first stage of the divorce.

During this period you can work to resolve any financial arrangements, although any agreements through mediation.

Conditional order/ Decree nisi

You (or you and your spouse jointly) apply for a conditional order. Once the court has checked that all the paperwork is in order, it will provide a date for the conditional order to be made.

Final Order application

Six weeks and a day after the court makes the conditional order, you can apply to the court for a final order (either as a sole applicant or as joint applicants with your spouse).

This legally ends your marriage in what could be six months..