If youโre in the process of obtaining a divorce, it can be a difficult, challenging, and complicated time. From paying solicitors fees to arranging financial settlements, the UK divorce process has a reputation for being both lengthy and stressful.
Luckily, there are many ways you can now apply for a divorce online, allowing you to begin the proceedings from the comfort of your home. But where can you apply for a divorce online, what documents will you need, and how long does it take?
In this easy guide, weโre going to take you through all the steps you need to follow in order to apply for a divorce online in the UK. Weโre going to explain all the supporting documents you need, how to apply directly online, and also give you some key information on how long it should take, and what to expect during the process. Letโs take a look!
How to Apply for a Divorce Online in the UK
If you want to begin your divorce proceedings online, you can do so in one of two ways: either by applying for divorce via the UK government website yourself, or by hiring an online divorce service to handle all the administration for you.ย
Applying Via the Government Website
If you want to minimise costs, you can apply yourself on the UK government portal. Before beginning your application, youโll need the following documents and information on-hand:
- Full names and addresses: You will need to provide this for both you and your former spouse. This is required so the court can send your former partner a copy of the divorce petition. If you donโt know their new address, contacting close family or friends is the quickest way to find out. If your husband or wife is missing, you can read government guidelines for instructions on what to do.
- Your original marriage certificate or a certified copy of it: You will need either the original marriage certificate or a copy that is legally recognised and has been authenticated by an authorised official. If your marriage certificate isnโt in English, youโll need to provide a certified translation.
- Proof of any name changes: If youโve changed your name since separating from your partner, you will need to prove this with your marriage certificate or a deed poll.
Youโll also need to pay the ยฃ612 court fee which covers all necessary administration and the handling of your divorce application. Youโll be required to pay upfront before proceeding to file your divorce application when applying online, so if you are unable to pay right away it might be better to opt for a postal application.ย
Some financial assistance may be available to cover the fee for those on government benefits, such as Job Seekerโs Allowance, Income Support, Employment and Support Allowance, Universal Credit, and Pension credit.ย
Your eligibility for financial aid will depend on your total income, including any savings. Generally, anyone under the age of 61 who is both on government benefits and has less than ยฃ3000 in savings will be eligible to have their fee covered.ย
Applying Via an Online Divorce Service
When applying for divorce, itโs essential that you ensure zero errors are made when filling in and submitting all the necessary paperwork. Errors or missing information can result in long administrative delays, which will only prolong the painful process further.
This is where an online divorce service, such as Easy Online Divorce, comes in handy. Weโll handle your divorce application from start to finish, saving you money on unnecessary solicitors fees – and weโll ensure that your divorce application is error-free when submitted to the court.
All you need to do is fill in a quick questionnaire, send us a copy of your marriage certificate, and perform a quick review of your details once weโve set up your application. Once youโve confirmed that all the information is correct, you can sit back and relax while we handle the rest.
Get started with your divorce today.
How Long Does an Online Divorce Take?
While applying online speeds up the approval of your divorce application, there are a few steps that need to be completed before your divorce is finalised. These include:
20 Week โReflection Periodโ
The 20-week reflection period is a government-mandated requirement that must be completed once your online divorce application has been approved. It allows couples to change their mind before the divorce can proceed further. For those intent on continuing with the divorce process, this period also provides time to settle any financial and custodial matters and seek legal advice.
Conditional Order
Once the 20-week wait is up, youโll need to apply for a conditional order which can take 5 weeks to be approved. This stage is the court confirming the legal requirements for the divorce have been met.
Final Order
The final stage in the online divorce process involves a mandatory 6-week waiting period before you can apply for a final order, which officially ends the marriage and completes the divorce process.
When taking into account administrative delays, error-free applications, and the mandatory 20-week reflection period, most divorces will take at least 7 months to be completed and finalised.
Things to consider before applying for a divorce online
While you may be looking to get the process finished and finalised as soon as possible, itโs a good idea to reflect on your circumstances before applying for your divorce petition online. Some key considerations include:
Financesย
As mentioned above, youโll need to consider whether youโre ready to pay the ยฃ612 court fee before applying for divorce directly. If paying the fee would impact your immediate financial situation, it might be better to apply via post.
Agreements and settlements
Once you have filed for divorce online, youโll have roughly 20 weeks to reach any agreements with your former spouse regarding finances and childcare. If youโre going to take the traditional route and hire divorce solicitors, itโs a good idea to reach a settlement with your partner beforehand, as this will save potentially thousands on unnecessary legal fees.ย
Alternatively, you can opt for one of our Managed Divorce packages – for a fixed price, weโll draft your agreement into a consent order and submit it to the court for approval . You can take a look at our range of managed divorce packages.
Joint or sole application
You can now jointly apply for divorce online, which means both partners split the ยฃ612 court fee. A joint application also saves time, as youโll cut out the 14-day acknowledgement period for your former partner.ย
How to File For a Divorce in the UK?
As mentioned earlier, several documents are required to finalise your divorce. When filing for a divorce in the UK, there are multiple steps:
Step 1: Meet the Requirements
To apply for a divorce online, your need to meet the following eligibility criteria:
- You have been married for at least one year.
- Your marriage has irretrievably broken down.
- You and your spouse meet the jurisdiction requirements to file for divorce in England and Wales.
Step 2: Applying for Divorce
Before you begin, make sure have the following information ready:ย
- Full names, dates of birth and current addresses for both you and your spouse.
- The original or certified copy of your marriage certificate. If itโs not in English, a certified translated copy is required.
- Proof of any name changes since your marriage if you have changed your name from your maiden or married name to something else. A deed poll could be used as proof.
Step 3: Choose Your Option and Apply For a Divorce
To begin divorce proceedings, youโll need to decide how to apply for your divorce. Options include:
- Online via the government website
- Online via a divorce service like Easy Online Divorce
- By post using an application form (Form D8).
If youโre submitting a sole application, your former spouse will have 14 days to acknowledge the divorce application, either by accepting the divorce or disputing it. Since the introduction of no-fault divorce in the UK in April 2022, a spouse can only dispute a divorce application in extremely rare circumstances.
If you choose to do a joint application, one of you will start by filling in your details first. Your spouse will then add their information and once both parts are complete, youโll each receive the full application to review.
Step 4: 20 Week Reflection Period
Once your divorce petition has been accepted, youโll need to wait a mandatory 20 weeks before being able to apply for a conditional order, which will further your divorce proceedings. This 20 week period should be used to draw up any custody agreements or financial settlements where necessary, which can be done via legal help, mediation, or with the help of your online divorce service.
Step 5: Apply for a Conditional Order
Following the 20 week waiting period, divorcing couples are able to apply for a conditional order (formerly known as a decree nisi) which is a legal document granting them the right to a divorce. This can take 5 weeks to be approved by the court.
Step 6: Apply for a Final Order
Once the conditional order is approved, divorcing couples need to apply for a final order, which finalises the divorce and is the final step in the divorce process.
Consider Getting a Consent Order
Before finalising your divorce, itโs a good idea to obtain a consent order. A consent order is a legal document that seals and binds any settlements agreed to during the reflection period, including the division of any assets. A consent order also includes a “clean break” clause that protects you from any future financial claims from your ex-spouse.
To apply for a consent order in the UK, you’ll be required to pay a small fee of ยฃ60, which is a strictly administrative cost. This does not include any costs associated with hiring a solicitor or an online divorce service to draw up the consent order for you. If you opt for one of our consent order packages, this fee is included in the costs.ย
In general, a consent order will take around 4 weeks to be approved by the court. Please note that the court can question or refuse to approve an agreement if it believes the terms are unfair to one party. This can prolong the process of your divorce, so itโs a good idea to agree to fair terms before submitting your application. At Easy Online Divorce, weโll always review your financial settlements beforehand to minimise any possibility of it being rejected.
While you can get divorced in the UK without a consent order, it will mean that your agreements (including financial agreements such as the division of assets and property) are not considered legally binding.ย
Can a Divorce Application Be Rejected?
Itโs rare for a divorce application in the UK to be rejected. This typically only occurs if youโve provided false or incorrect information on your application, or failed to provide the correct supporting documents when submitting your divorce papers.
You also need to be married for at least 12 months in order to obtain a divorce. If youโre looking to divorce after less than one year of marriage, your only option is an annulment.ย
In extremely rare cases, divorce may be rejected on the grounds that it would cause extreme financial hardship for one spouse. However, as courts have the power to implement financial agreements between divorcing partners, this is incredibly uncommon.ย
Understanding the Divorce System
While divorce can be a difficult and even scary time, itโs important to know that your rights are protected throughout the entire divorce process. As a divorcing partner, you have the right to fair custodial rights over any shared children, as well as the right to a fair financial settlement.
When it comes to financial matters, itโs always best to reach a private agreement where possible. If a private agreement is impossible, it can be left up to the court to decide, leaving you with little to zero control of how your finances are split.ย
If youโre unable to negotiate with your partner amicably, you may need to hire a divorce lawyer or use an online divorce service to help you negotiate the terms of your settlement.ย
Do I Really Need to Hire Solicitors for My Divorce?
For most couples, thereโs no need to hire expensive solicitors. Hiring solicitors can easily prolong your divorce process, and can even make it more difficult for you to negotiate amicably with your ex spouse over any assets or childcare arrangements.ย
Using an online divorce service is the best option if youโre worried about mounting legal fees; weโll perform the same intermediary duties as a divorce lawyer, without the sky-high costs.ย
Final Thoughts
Since the changes to divorce law in April 2022, itโs become easier than ever to apply for a divorce in the UK. With the introduction of no-fault divorce, divorces can only be contested in extremely rare circumstances, making it easier for you to obtain a quickie divorce and begin rebuilding your life.
If you want to simplify the process even further, you can opt for an online divorce service like ours. Our online divorce services allow you to apply for a divorce from the comfort of your own home while letting us handle the boring admin. And even better – you wonโt spend a day in court.ย
