Divorce Process
Do I have grounds for divorce?
You no longer need to provide grounds for divorce when filing for a divorce in the UK. All you need is a statement from one or both of you that your marriage has broken down irretrievably.
You can start divorce proceedings once you’ve been married for more than 12 months.
Does it matter who files for divorce?
Not really, though there may be advantages to being the spouse who files for divorce.
The applicant has more control over proceedings than the other spouse.
Another benefit of filing for divorce is that you can fully prepare by getting your finances in order and choosing a solicitor that works for you.
Do the reasons for divorce affect the financial settlement or child arrangements?
No, financial settlements and child arrangements are not usually affected by the reasons for divorce.
Financial settlements and child arrangements are based on fairness and protecting the interests of your spouse and any children. The division of your marital assets, and the contact you can have with your children, is not determined by your behaviour during the marriage.
However, there are extreme cases where behaviour may affect the outcome. For example, if your spouse was abusive to you or your children, it may be taken into account when making childcare arrangements.
Do I need a solicitor to get divorced?
No, but many people choose to because the divorce process can be stressful, confusing, and time-consuming.
A solicitor can help make the process easier for you, particularly if your spouse complicates your divorce by disputing it.
You are also advised to use a solicitor if your divorce involves children or significant amounts of money and other assets. You’ll benefit from their advice when negotiating child arrangements and a financial settlement with your spouse.
We have lots of experienced lawyers who can help guide you through each stage of the divorce process.
How much does a divorce cost?
The cost of a divorce depends on a number of factors, such as whether it is disputed by either spouse and your solicitor’s fees.
If your divorce is uncontested, meaning you both agree to the divorce, you can expect to pay:
- £1,000 – £1,500 if you’re the applicant
- £240 – £600 if you’re the respondent
Depending on the complexity of your situation, a contested divorce that needs to be settled in court by a judge could cost tens of thousands of pounds in legal fees.
Explore our guide, How much does a divorce cost?
Who pays the divorce court fees?
Court fees are usually paid by the person who starts divorce proceedings.
- £550 to file for divorce
- £100 to make a consent order application to make your financial arrangements legally binding
- £225 to make a financial order application when you’re unable to agree on how to split your finances
As the person who receives divorce papers, you will not usually have any court fees to pay if you agree with the divorce and want it to go ahead.
However, if you want to contest the divorce, you will have to pay a court fee of £245.
What might affect the cost of my divorce?
Factors that can affect the cost of your divorce include:
- Whether your divorce is contested or uncontested
- Whether you are the applicant or the respondent
- Whether you enter into extended negotiations with your spouse, resulting in higher legal fees
- Whether you have children, complex assets, or other complicating elements in your marriage
Can I get a quick divorce?
No, getting your divorce finalised always takes several months. While there are some things that can affect the speed of a divorce, it must follow a set process.
Your divorce will usually be quicker if it is uncontested. In this situation, the best-case scenario to finalise your divorce would be between four and six months.
Regardless of how co-operative you and your spouse are, your divorce can still be delayed by factors beyond your control, such as how busy the courts are, how quickly paperwork is processed, and the circumstances of your marriage.
The average time it takes for a divorce to be finalised in the UK is about eight months.
What things can affect how long my divorce will take?
There are many factors that can affect how long your divorce will take, such as:
- How quickly your spouse responds to your divorce application
- Whether you both agree to the divorce
- Whether you need to make child arrangements
- Whether you agree how to divide your marital assets and organise child arrangements
- How complex your financial arrangements are
- How co-operative your spouse is during the process
- How busy the divorce courts are
Finances
How do we split our finances?
You need to come to an agreement with your spouse about how to split your finances as part of a financial settlement. This involves deciding how to split things like:
- Savings
- Property
- Investments
- Pensions
- Debts
If you are unable to reach an agreement with your spouse, you can try mediation. Mediators are trained to help you compromise by giving you both impartial support.
If you still cannot agree on a financial settlement, you can apply to the court to decide for you, though this will increase the cost of your divorce.
Do I have to take on some of my spouse’s debts?
In general, you will only be expected to take responsibility for debts that are in your own name.
However, debts taken on by either you or your spouse while you were married may be considered matrimonial debt. This means you may be responsible for some debts that were primarily for your spouse.
Are pensions included in the financial settlement?
Yes, pensions are considered a marital asset and can be included in a financial settlement.
However, there is no legal requirement to split pensions equally, and they are often treated separately in practice. For example, if your pensions were largely built up before you got married, or if your marriage was short, you may agree to keep them separate.
Explore your options in our guide Divorce: Pension Rights.
Property
What happens to the house?
Your house is considered a marital asset, regardless of whose name is on the title deeds. This means you will need to decide what happens to it as part of the financial settlement.
The options available to you will depend on your circumstances, such as whether you have children, whether one of you can afford to move out, and whether you can reach an agreement without going to court.
Some common outcomes include:
- Selling the house and splitting the equity between you and your spouse
- Buying out one partner and remaining in the house, which often requires a new mortgage
- One spouse stays in the house while the other receives a lump sum or retains a stake in the property to be paid when it is sold in the future
- One spouse remains in the house until certain conditions are met, such as all children turning 18, after which the house can be sold and the proceeds divided
Find out more in our guide, What happens to a house in a divorce?
Do we have to go to court to decide what happens to the house?
No. You and your spouse can decide what should happen to your marital home.
If you both reach an agreement, you can ask the court to make it legally binding.
If you are unable to reach an agreement, you can try mediation.
If you still cannot agree, you can apply to the court to decide for you.
How does the court decide who gets the house?
If you have children, the court’s priority is to protect their welfare when deciding what happens to your house.
The court will try to cause as little disruption to your child’s life as possible. This means it will often give the right to remain in the house to the parent who is the child’s primary caregiver, regardless of whose name is on the title deeds.
If your divorce does not involve children, the court will try to make a decision that is fair and protects the interests of both spouses.
Business Assets
I started a business before getting married; is my spouse entitled to a share as part of the financial settlement?
Yes. All assets you own can be considered as part of the overall financial settlement unless you have specified otherwise in a prenuptial agreement.
This does not necessarily mean you will lose control of the business or have to hand over shares. You may be able to offset the value of your business by offering your spouse other marital assets, such as savings, investments, or property.
My spouse wasn’t involved with the business – is it still considered a marital asset?
Yes. Anything owned by either spouse may be considered as part of the financial settlement.
However, it is unlikely that the court will award part of a business to your spouse if they have never been involved in its operation.
The court will usually try to divide your assets so that you can achieve a clean break.
Children
Do I have to go to court to arrange contact with my child?
No. It is best if you and your spouse can decide how you will look after your children without going to court.
Keeping your disagreement out of court gives you more control over the outcome and should make the process simpler.
If you are unable to reach an agreement with your spouse, mediation may be able to help you.
Explore our guide, Arranging contact after divorce.
Do courts favour mothers in cases involving children?
No, courts are not biased towards either gender when deciding child arrangements.
The court will base its decision on what is best for your child’s welfare. This means it will usually favour the primary caregiver having responsibility for most day-to-day childcare.
In practice, the court will usually try to give both parents meaningful involvement in their children’s lives wherever this is in the child’s best interests.
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