7 simple steps to getting divorced in the UK

Emotions are high, relationships are tense and you’re facing new challenges every day. The last thing you want is the added pressure of navigating complex legal decisions and negotiations on your own.

Woodfines’ essential guide to getting divorced will support you through the process, with advice and best practice from our family and divorce law experts at all stages of divorce proceedings, from the first steps to the final order. We help dispel the myths you might have heard about divorce, outlining some common misconceptions, and helping you to navigate new challenges, with consideration and clarity.  

1. Preparing for Divorce

Arm yourself with as much professional information as possible by making enquiries and collating information about current rules, regulations and any advice you receive from Woodfines family law solicitors. You will likely have family and friends who will give you their opinions, but please be mindful that this well-intentioned input may not be the right approach for you and your situation.

2. Communication is Key

If possible, speak to your partner and try to keep the relationship as amicable as possible, for the benefit of everyone involved. Be open and honest with Woodfines’ legal advisors, who will provide a non-judgmental, sympathetic and friendly support network, keeping your best interests in mind.

3. How to File for Divorce

Applying for a divorce can be managed online, via gov.uk or by post. The Form D8 can be completed either by one person, or as a joint application. You will need to supply your original marriage certificate (or an official copy).

The process takes a minimum of 6 months from start to finish, including a 20 week reflection period. This came into force in 2022 to allow you to ensure that divorce is definitely what you both want.

4. Acknowledgement

After your application is submitted, the court will review it and send it to your partner (if you are applying as an individual). Along with the documents, they will receive instructions on how to acknowledge the divorce, and will have 14 days to respond. Once they complete and return this form to the court, your divorce will move to the next stage.

5. Conditional Order

Once the 20-week waiting/reflection period has passed, you can apply for a Conditional Order (Form 84). This step seeks the court’s approval to move forward with the divorce and resolve any financial matters.

6. Negotiation/Mediation/Representation

If you’re able to do so, Woodfines recommends you sit down with your partner, whether that’s via a mediator, solicitor, family member or as a couple, to work out what you both want to achieve and how things are going to work practically, moving forward. Be prepared to discuss some big decisions, such as childcare* arrangements, finances, selling property*, affordability and practicality of your living arrangements in the short, medium and long-term. 

We recommend entering into a formal legal agreement, based on what has been determined, which can be sealed by the court, for example a financial settlement, which protects both parties, should any dispute arise in the future.

If it’s difficult to agree and reach an amicable decision, mediation and dispute resolution may be required, and you may need legal representation from Woodfines in court. In this case, our family law experts are there to help you and the court will make decisions, based on the best interests of everyone involved.

7. Final Order

Previously referred to as a Decree Absolute, you must apply for a final order (Form D36) to end your marriage. If you choose to proceed with a legally binding arrangement for dividing finances, you must apply to the court for this before you apply for a final order.

*if applicable.

Common Divorce Misconceptions

You need a ‘good reason’ or someone must be ‘at fault’ in order to get divorced. 

This outdated legal requirement was changed in 2022, to make life much simpler and to reduce any animosity. England and Wales have since moved to a “no-fault” divorce system, meaning that no decision on blame is needed in order to proceed.

Everything gets split 50/50

Whilst this might be a starting point in some cases, the division of assets depends on various factors, including the length of the marriage, contributions, and financial needs.

Divorce ends all financial ties

Divorce ends the marriage, but financial ties can still remain unless a “clean break” financial order is obtained.

Living with my partner for a long time gives me the same legal rights as marriage

“Common-law marriage” is a misconception in the UK. Unmarried couples don’t have the same legal rights as married couples regarding property, finances and/or inheritance.

Ready to take action?

Our friendly and helpful family law team is here to guide you through the divorce process with clarity and compassion. Visit our Divorce & Separation page to speak to someone today.