Divorce admin… Is divorce difficult because of the admin?

As of April 6th, 2022, couples can divorce or end their civil partnership using the new no-fault divorce system which has replaced the previous 'fault-‘ or ‘grounds-based' system. This blog is historical and any reference to the old system and court process is no longer accurate.

Getting divorced in England and Wales is a complicated administrative process. In this blog, I’ll explain what divorce admin you must do to get divorced.

There are three things you must do when you get divorced:

• Sort out your arrangements for any children you have
• Sort out your finances – who’s having what
• Divorce admin – i.e. Complete the divorce paperwork and liaise with the court

To complete your divorce admin, you will also need to ensure you and eligible to divorce and have grounds for divorce:

• Eligibility: married at least a year; permanent home in England or Wales; marriage that’s legally recognised in the UK
• Grounds:  two years separation if your partner agrees to the divorce, five years separation if they don’t agree, Unreasonable Behaviour, Adultery, Desertion. With the introduction of no-fault divorce grounds are no longer a requirement.

Once you’ve made your financial and children agreements, you need to address the divorce admin. This means you must complete and submit your divorce application (previously called the divorce petition) and apply for the pieces of paper to make your divorce final.  The first thing to say is that the court process is slow and usually takes at least eight months from submitting your divorce application (previously called the divorce petition) to receiving your final order (previously called the decree absolute). Divorce admin can be very time-consuming and complicated which is why so many people ask us to do it for them but here’s what you need to do if you want to do it yourself.

Submit divorce application (previously called the divorce petition) & return acknowledgement of service form

Fill in your divorce application (previously called the divorce petition) (form D8). You are now the petitioner (the person seeking the divorce). Send the divorce application (previously called the divorce petition) with your court fee and your marriage certificate to the court. You may be eligible for a discount on your court fees or even an exemption you can check that here. The court will send the divorce application (previously called the divorce petition) to your ex, known as the Respondent, along with an acknowledgement of service Form. Your ex needs to complete and return this to the court.

Apply for conditional order (previously called the decree nisi)

Once the acknowledgement of service form is received, you can apply for your conditional order (previously called the decree nisi) by filling out and submitting form D84. A judge will consider whether the marriage has broken down ‘irretrievably, and if satisfied that it has, your conditional order (previously called the decree nisi) will be pronounced a few weeks later and you’ll both receive a decree conditional order (previously called the decree nisi) confirmation.

Submit consent order  

Divorce admin gets more complex when you add in your finances. If you have made financial arrangements and want them to be legally binding you will need to submit a consent order. Getting divorced on its own does not end your financial claims against each other. To end all financial connection between you have a consent order drafted. You will both sign the consent order and send it to the court along with an Application for a Financial Order Form (Form A) and a Statement of Information Form (Form D81).

Tip:  Rather than take the risk, have a consent order. It provides peace of mind that you have finalised your arrangements and makes sure there can be no nasty surprises in future.

Apply for final order (previously called the decree absolute)

Six weeks and one day after conditional order (previously called the decree nisi) is pronounced you can apply for a final order (previously called the decree absolute) by completing form D36. This is the final piece of paper you need to be divorced… you have nearly completed your divorce admin…

Tip: You can use the natural break of six weeks and one day to agree and finalise your financial and children’s arrangements. This means you can start the divorce admin and legal processing before you have completed finalised negotiations. This saves time.

Divorce finalised (approx. 2 weeks)

When your final order (previously called the decree absolute) is granted you will be sent your final order (previously called the decree absolute) paperwork. You are now legally divorced and are free to re-marry if you wish.

Tip:  Finally, make sure you write a new will so you can reflect your new single status.

If divorce admin seems complex, time-consuming and you’re worried you might hold things up by incorrectly submitting the form, our Divorce Specialist can help you agree on a divorce timeline and fill in and submit your divorce paperwork. They will liaise with the court. This will save you time and worry and keep things on track for a simpler, stress-free and amicable divorce.

If you have any questions or would like some support, please book a free 15-minute consultation with one of our experts here.