Family Solicitors

Who Can Get a Divorce?

To get divorced in England or Wales:

• You need to have been married for over 12 months
• Your relationship must have permanently broken down
• Your marriage must be legally recognised in the UK (including same sex marriage)
• The UK must be your permanent home, or the permanent home of your husband or wife

Grounds for Divorce

• There is only one ground for divorce, and that is that the marriage has irretrievably broken down.

Step One

Every family situation is unique, so the first thing we do when you instruct a Beswicks’ divorce solicitor is to meet with you so that you can fully explain your circumstances. This can be done face-to-face, over the phone or via video call.

You can choose from a comprehensive Beswicks Overview appointment consisting of an in-depth meeting at which we will accurately assess the best next steps for you and provide you with a clear Moving Forward Plan that you can keep and refer to whenever you need to (£250+vat) or a standard hour-long fixed fee appointment (£100+vat).

Step Two

There are two parties in any divorce; the person who initiates the divorce, also known as the applicant, and the other party who is the respondent. You can apply for a divorce jointly if you wish: we will be able to advise you if that is best for you.

If you are the applicant, step two will involve writing your divorce application. Your solicitor will draft this for you using the information discussed at your initial consultation.

Once you have reviewed your divorce application. It will be sent to your spouse to give them the opportunity to respond.

If you are the respondent (or second applicant), we will review the details contained in the divorce application received from your spouse. You have two options at this stage, to either agree the application or, on very limited grounds, you can dispute the divorce.

If you agree to the application, this is an uncontested divorce but if you decide to defend the application, it is a disputed divorce.

Step Three

The next stage varies depending on whether your divorce is disputed or not. The majority of divorces will not be disputed, as the basis for disputing it is so narrow, either you are not married, you are already divorced, or the courts in England and Wales do not have jurisdiction (usually because one or other or both of you do not live here).

An uncontested divorce is usually more straightforward than a disputed divorce. In an uncontested divorce the divorce application is sent to the court, along with an acknowledgement of service form filled in by the respondent. The petitioner then applies for a conditional order for divorce.

If a divorce is contested, the petition will be sent to the court and the respondent given 21 days to file an answer saying why they disagree with the divorce. This leads to a lengthier and more costly process.

Final Steps

Divorce proceedings can be complex and there may be many issues to resolve before your divorce is final, for example, financial issues, child arrangements and property matters. Your solicitor’s expert advice and support is crucial in ensuring you achieve the best possible outcome.

Once these matters have been resolved and providing a period of six weeks and one day has passed since your conditional order has been pronounced, the applicant (or joint applicants) can then make a final application for a final order for divorce to officially end the marriage.