A significant step not to be taken lightly, starting divorce proceedings in the UK can feel like a daunting prospect.
And that’s true even for individuals, or couples, that have been eager to formalise their separation for years.
One way you can prepare yourself for this process is by understanding the different stages of divorce, including the first one – initiating the proceedings.
This is where the experienced divorce solicitors at Freeman Jones can help.
Within this comprehensive guide on how to commence divorce proceedings, our legal team sensitively identifies the various ways in which you can initiate the divorce process in the UK and answers some of the most frequently asked questions on the topic.
Can I start divorce proceedings online?
Yes, you can start the divorce process in the UK online.
The online application process is relatively quick and easy, but you will need to create a government divorce account and you’ll also require access to some key information.
How to start divorce proceedings
There’s just two ways you can initiate divorce proceedings yourself in the UK – either online or via post.
You can make this application either alone as a sole applicant, or jointly with your spouse.
Online
To apply online for a divorce, you will need to create an account and then sign in using your email address and password.
After logging into the web portal, you can commence filling in the necessary information and drafting your divorce application as per the instructions.
To do this, you’ll need the following information:
- Your own full name and address
- Your husband or wife’s full name and address
- Your original marriage certificate or a certified copy
- Proof of your name change if you’ve changed it post-marriage, such as a marriage certificate or deed poll
- A debit or credit card to pay the £612 divorce application fee
Post
Alternatively, you can also apply for a divorce by post where you will need to supply the same information as the online route.
However, instead of using a debit or credit card to pay the divorce application fee, it’s often easier to pay this sum via cheque (made payable to ‘HM Courts and Tribunals Service’) when you make a postal application.
After filling in the divorce application form (form D8), you should retain the original and send a copy of the form to His Majesty’s Courts and Tribunals Service (HMCTS) at:
HMCTS Divorce and Dissolution service
PO Box 13226
Harlow
CM20 9UG
Solicitor
Prefer to have a professional handle the commencement of your divorce?
Instead of doing it yourself, you can choose to contact a solicitor who will fill in the application form on your behalf via their own MyHMCTS organisation account.
Among other matters, this account allows the solicitor to submit, pay for, and manage online case applications or responses for divorce.
Do I need a solicitor to start divorce proceedings?
No, a solicitor is not legally required for initiating divorce proceedings in England and Wales.
Applying online via the government’s online divorce service, or filling in the D8 form and submitting a copy via post, can be done as an individual or a couple without legal support.
However, seeking legal advice from an experienced solicitor before you start the divorce process is highly recommended and can help you to understand the complexities of your specific case and protect your interests.
Alternatively, the Citizens Advice office also provides free support for individuals and couples filling in the D8 divorce application form.
How long does a divorce take in the UK?
According to government guidance, a divorce in the UK typically takes at least seven months – regardless of whether you applied solely, jointly, or through a solicitor.
This rough (minimum) timeline is based on a straightforward uncontested divorce and takes into account the mandatory waiting periods.
What happens after initiating divorce proceedings?
Once you’ve made the substantial decision to submit your divorce application, the next step will vary depending on whether you applied solely or jointly with your spouse.
For joint divorce applications:
After checking that the application is correct, both parties will be sent an ‘acknowledge receipt’, case number, a copy of their application stamped by HMCTS, and a notice that their application has been sent out.
Following a mandatory waiting period of 20 weeks after the divorce application has been issued by the court, both applicants can move onto the next stage of the divorce process by applying for a conditional order.
For sole divorce applications:
Just like joint divorce application, sole applications also need to be checked to ensure they’re correct.
For correct applications, the applicant will also receive a notice that their application has been sent out, a copy of your application stamped by HMCTS, and a case number.
The applicant’s husband or wife will be sent an ‘acknowledgement of service’ notification that they must respond to within 14 days – they can either agree to or dispute the divorce.
From here, the next legal steps depend on whether your spouse agrees, disputes, or fails to respond at all to the divorce.
How Freeman Jones can help
Due to the complex and varied nature of divorce, there’s many reasons why an individual or couple might reach out to an experienced family law solicitor for support when commencing divorce proceedings in the UK.
Whether you need guidance understanding the potentially confusing legal jargon of divorce or you want to ensure the interests of your children are protected when creating a financial settlement, a legal professional can help you to smoothly navigate these processes.
Our legal divorce services include everything from mediation and negotiations to comprehensive legal representation during court hearings.
Offering fixed and transparent legal fees and 20-minutes of free, over-the-phone advice, reaching out to our professional team could save you time, stress, and money.
To discuss starting divorce proceedings for your marriage with a member of our helpful legal team, please feel free to call us today on 01244 506 444.
We also welcome email enquiries sent to info@fjsolicitors.co.uk as well as enquiries submitted using our online contact form.
