posted 27th July 2023
We now have a ‘no fault’ system of divorce in England & Wales.
This means that neither party need point the finger of blame at the other. So the old reasons of adultery, unreasonable behaviour, separation etc do not apply.
The first part of the divorce used to be called the Decree Nisi. It is now called Conditional Order.
The final part of the divorce used to be called the Decree Absolute. It is now called Final Order.
Stages of the Divorce Application:
1. The application is made by one of the parties or jointly.
2. If one applicant, the respondent receives a copy of the application and an acknowledgement of service to complete and return to the court.
3. There then follows a minimum of a 20 week wait. This period is to allow time for reflection and to agree arrangements for children and the marital financial settlement.
4. After 20 weeks the Applicant can make the application for the Conditional Order.
5. Court reviews the application and issues a Certificate of Entitlement which confirms the date on which your Conditional Order will be issued.
6. Conditional Order is issued.
7. There then follows a minimum of 6 week (and one day) wait. This period allows couples to submit their application for Financial Consent Order to the court for approval.
8. After the 6 weeks the Applicant can make the application for the Final Order.
9. Court issues the Final Order. This order legally ends the marriage and means that either party is able to re-marry.
For straightforward cases with no delays, the whole divorce process will take a minimum of approximately 6 to 7 months.
