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How to start divorce proceedings: A step-by-step guide for 2025

Introduction

Navigating the end of a marriage can be an emotionally overwhelming and complex process. Understanding how to start divorce proceedings in 2025 is crucial to ensuring the process runs smoothly and fairly. With recent changes to UK family law, including the introduction of the no-fault divorce, the process has become more streamlined, reducing unnecessary conflict. In this guide, we’ll provide a clear, step-by-step overview of starting divorce proceedings in 2025, from legal requirements to filing your application.

Whether you’re pursuing this path alone or with professional support from trusted Family Law Solicitors, this guide will equip you with the knowledge to move forward confidently.

Background: Understanding divorce law in England and Wales

Before diving into the steps of starting divorce proceedings, it’s essential to understand the legal landscape:

  • No-fault divorce: Introduced in April 2022, the no-fault divorce allows couples to divorce without assigning blame. This means you no longer need to prove unreasonable behaviour, adultery, or desertion.
  • Legal terminology: The person applying for the divorce is the applicant, and the other party is the respondent.
  • Digital filing: The UK government has streamlined divorce applications through an online portal, making it simpler to file for divorce without unnecessary delays.

The divorce process is now more straightforward, but understanding each step is key to avoiding costly mistakes and delays.

Step 1: Confirm eligibility for divorce

Before you can start divorce proceedings, you need to confirm your eligibility. The key requirements are:

  • Marriage length: You must have been married for at least one year.
  • Jurisdiction: Either you or your spouse must live in England or Wales or have a strong connection to the jurisdiction.
  • Irretrievable breakdown: Under the no-fault system, the only ground for divorce is that the marriage has irretrievably broken down.

If you meet these criteria, you can proceed to the application stage.

Step 2: Decide on sole or joint application

One of the significant updates in UK divorce law is the ability to file either:

  • A sole application: Where one spouse applies for the divorce.
  • A joint application: Where both spouses agree to apply together.

Choosing a joint application can promote cooperation and reduce conflict, but if your spouse is uncooperative, you may opt for a sole application.

Step 3: Prepare and submit your divorce application

To start divorce proceedings, you’ll need to complete the following:

  1. Fill out the application: Use the government’s online divorce portal or paper form D8. Include key details such as:
    – Full names of both parties.
    – Marriage certificate (a certified copy is required if applying online).
    – Confirmation of irretrievable breakdown.
  2. Pay the court fee: As of time of writing, the fee is £593. If you’re on a low income, you may qualify for a fee exemption through the Help with Fees scheme.
  3. Submit your application: Sole applicants must notify the respondent. For joint applications, both parties confirm submission.

Step 4: Responding to the application

If you’re the respondent in a divorce application, you will receive a copy of the application and an acknowledgment form. You must respond within 14 days to confirm:

  • You agree with the application.
  • You do not intend to dispute the divorce.

Under the no-fault system, disputes are rare unless there’s a jurisdiction issue or the marriage validity is questioned.

Step 5: The reflection period (20 Weeks)

Once the divorce application has been submitted and acknowledged, there is a mandatory 20-week reflection period. This is designed to give both parties time to consider their decision carefully. During this time, you may wish to:

  • Discuss child arrangements.
  • Make financial agreements (dividing property, pensions, and assets).
  • Seek professional advice from family law solicitors.

If you’re uncertain about financial settlements, applying for a financial order is crucial to ensure a fair division of assets and to protect you against future claims.

Step 6: Apply for the Conditional Order

After the reflection period, the applicant (or both parties in a joint application) can apply for a Conditional Order (formerly known as the Decree Nisi). This is the court’s confirmation that you’re entitled to a divorce.

To proceed:

  • Submit the application via the online portal.
  • The court reviews the case and issues the Conditional Order if no issues are raised.

Step 7: Final Order – completing the divorce

Once the Conditional Order is granted, there is a mandatory six-week waiting period before applying for the Final Order (formerly the Decree Absolute). This officially ends the marriage.

It’s essential to confirm that all financial matters and child arrangements are in place before applying for the Final Order, as this finalises the divorce process.

Benefits of using a Family Law Solicitor

While the divorce process has been simplified, professional advice remains invaluable, particularly when addressing complex issues such as:

  • Financial settlements (property, pensions, and debts).
  • Child arrangements.
  • International divorces or disputes.

Experienced solicitors can ensure you achieve the best possible outcome and navigate any complications.

Future Outlook: Divorce Law in 2025

As we move into 2025, the UK divorce process continues to focus on accessibility and fairness. Digital solutions and mediation services will likely play a larger role, promoting amicable separations.

For couples considering divorce, seeking legal advice early can make the process less stressful and more efficient.

Final Thoughts

Starting divorce proceedings may seem daunting, but understanding each step can alleviate much of the stress involved. Whether opting for a sole or joint application, following the structured process ensures clarity and fairness. Seeking guidance from trusted family law solicitors can also provide peace of mind as you navigate this challenging time.

For professional support, contact our experienced Family Law Solicitors to help you start your divorce proceedings in 2025 with confidence.

Clear, sound and practical advice

We appreciate that the legal process associated with the breakdown of a relationship can appear complicated, especially at what can be an emotional and difficult point in one’s life. Our Family team can help you understand and support you through the entire process of divorce – and aim to provide you with clear, sound and practical advice.

Whether you wish to begin the application yourself, or you are the respondent to the application, we aim to provide our clients with tailored and comprehensive advice. We are able to advise you on the most suitable way forward, taking into account your particular circumstances. Contact us for more information.

Divorce Information – GOV.UK

 

This article was produced on the 15th January 2025 for information purposes only and should not be construed or relied upon as specific legal advice.

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