What Happens After Divorce Papers are Served UK?
July 2023
Once you have decided to apply for a divorce, understandably, you will want to obtain your divorce as quickly as possible with the minimum of fuss and stress.
In this article, we explain what happens after divorce papers are served in the UK.
Initial Discussion
This summary provides general information and does not constitute legal advice on any individual circumstances.
For an initial discussion and a no-obligation quote, get in touch with us today by simply calling us on 01234 343134 or email us at enquiries@fullersfamilylaw.com and a member of our team will get back to you.
No-Fault Divorce Proceedings
In no-fault divorce proceedings, you can apply for a divorce on your own as a sole applicant or you can apply jointly with your former partner. You can speak with our team about the option that best suits your circumstances.
The divorce process and what happens after your divorce application has been sent to the court depends on whether you are a sole or a joint divorce applicant.
Joint No-Fault Divorce Applications
If you applied jointly with your husband or wife for your divorce the court will notify your family solicitor that the application has been issued and send out a copy of the court-stamped application, the court case number and a receipt.
The no-fault rules say that you must wait 20 weeks before you can progress with your divorce application. This delay is mandatory and cannot be avoided. After the 20 weeks have passed you can apply for a conditional order of divorce. However, this order does not finalise the divorce proceedings.
Sole Applicant No-Fault Divorce Proceedings
If your family solicitor applied for your divorce on a sole applicant basis, they will get confirmation back from the court that your application has been issued. Your spouse will receive a copy of your divorce application and an acknowledgement of service form to complete and return to the court.
The rules say that your husband or wife must complete the form within 14 days to say if they agree to a divorce or if they intend to oppose the divorce. They can only oppose the divorce though on very limited grounds; hence this is rare.
If the divorce is agreed, then after a 20-week wait you can apply for your conditional order. If the divorce is not agreed your spouse will need to complete an answer form to explain their position. For example, they may say you are not legally married in the UK and, therefore, do not need a divorce or they may say that the English court does not have jurisdiction to make a divorce order as neither of you is domiciled or habitually resident in the UK or an overseas divorce order has been made. These instances however are very rare.
If your spouse does not complete an answer form, you can progress the divorce proceedings by applying for a conditional order provided sufficient time has passed to allow you to do so and the court is satisfied that the proceedings have been served upon your spouse.
The Conditional Divorce Order
A conditional order confirms that you are entitled to a divorce. The order does not conclude the divorce proceedings as it is not a final order.
You can apply for a conditional order even if you started the divorce process jointly with your husband or wife, but they now are reluctant to apply for the conditional order.
If the court is satisfied with the paperwork, you will receive a certificate stating when you will receive your conditional order. You cannot apply to end your marriage until 6 weeks and 1 day have elapsed from the date of your conditional order.
Applying for a Divorce Final Order
To finalise the no-fault divorce proceedings, you need to apply for a final order. You can apply for the final order as a sole applicant, even if you jointly started the divorce process with your husband or wife.
If you do not apply for the final order within 12 months from the date of the conditional order, you will need to explain the reasons for the delay. Application for the final order is often delayed because of financial negotiations. The final order means you are divorced.
How long does a Divorce take?
Because of the requirement to wait 20 weeks before applying for a conditional order, it will take at least 7 to 8 months for the whole process to get a divorce. However, you may well be advised to delay further in applying for the final order whilst financial issues are still being resolved.
How Can Fullers Help?
We understand that finding a solicitor that you feel understands your own specific situation can be a daunting task. So, you can book a free callback with us here.
We offer fixed fees for a divorce - £500 plus VAT if you are the applicant or £300 plus VAT if you are the respondent.
We have also created a series of fixed-price consultation meetings with a full ‘no questions asked’ money-back guarantee promise.
For an initial discussion and a no-obligation quote, get in touch with us today by simply calling us on 01234 343134, filling in the form below or emailing us at enquiries@fullersfamilylaw.com and a member of our team will get back to you.
