Getting a Divorce - Fixed Fee Divorce Lawyers London

The divorce process in England and Wales is now based on a no-fault divorce system. This means you do not need to blame your spouse. The process generally involves:

• Filing a divorce application (sole or joint)
• A mandatory 20-week reflection period
• Applying for a Conditional Order
• Applying for a Final Order (legally ending the marriage)

Since April 2022, divorce has been based on the irretrievable breakdown of the marriage. There is no requirement to prove fault, such as adultery or unreasonable behaviour.

A divorce typically takes around 6 to 8 months, depending on:

• Court processing times
• Whether both parties cooperate
• Whether financial matters are resolved alongside the divorce

Yes, you can make a sole application without your spouse’s agreement. Alternatively, you can apply jointly if both parties agree to divorce.

You are not legally required to instruct a solicitor. However, seeking expert advice from divorce lawyers at Premium Solicitors ensures:

• Correct preparation and submission of your application
• Advice on financial settlement and child arrangements
• Protection of your legal rights

The court fee for filing a divorce application is currently £612. Additional legal fees may apply if you instruct divorce lawyers, particularly where finances or children are involved.

Under the current law, divorce applications cannot be contested except in very limited circumstances (e.g., jurisdiction or validity of the marriage).

Conditional Order: The court confirms you are entitled to a divorce
Final Order: The legal document that officially ends the marriage

You must wait at least 6 weeks and 1 day after the Conditional Order before applying for the Final Order.

Divorce does not automatically resolve financial matters. You may need:

• A financial settlement agreement through mediation
• A Consent Order approved by the court based on an agreement between the parties
• A Financial Settlement Order if no agreement is reached between the parties

Divorce financial settlement lawyers at Premium Solicitors can help secure a fair financial outcome.

Child arrangements (such as living and contact arrangements) are decided in the child's best interests. Parents are encouraged to reach amicable agreements, but court intervention may be required if disputes arise.

Yes, you can apply for a divorce in England and Wales if:

• Your marriage is legally recognised in the UK, and
• You or your spouse meets the jurisdiction requirements (e.g., residency or domicile)

A joint divorce application allows both spouses to apply together, which can:

• Reduce conflict
• Streamline the process
• Encourage cooperation on financial and child-related matters

Yes, but only after the Final Order has been granted. You are not legally free to remarry until the divorce is finalised.

In most cases, divorce is handled online or on paper, and you will not need to attend court unless there are disputes regarding finances or children.

At Premium Solicitors, our experienced divorce and family law solicitors offer:

• Fixed-fee divorce services
• Expert legal advice tailored to your circumstances
• Assistance with financial settlements and child arrangements
• A smooth, efficient, and stress-free divorce process

Divorce in England & Wales is a legal process to end a marriage between husband and wife after the relationship between them has broken down irretrievably. An application for divorce in England & Wales is made online using the D8 form.

You can get divorced in England & Wales only after you have been married for at least one year.

If your marriage was not consummated, you may be able to apply for annulment of your marriage even if you are married for less than a year.

You can get divorced in England & Wales if all of the following are true:

• you’ve been married for over a year
• your relationship has permanently broken down
• your marriage is legally recognised in England & Wales (including same-sex marriage)
• Either you or your husband/wife is habitually resident or domiciled in England & Wales

A clean break divorce is where no ongoing financial commitments remain between you and your spouse. The phrase ‘a clean break’ is particularly used as the opposite of an order where there is ongoing spousal maintenance payable, usually monthly, from one spouse to the other.

A clean break is only possible in relation to the financial claims between spouses. It is not possible to have a clean break in relation to financial obligations towards your children.

In case you and your ex-partner have no assets to divide, you should also apply for a financial settlement order. It’s important to do so, even if you don’t have any assets to divide at the time of the divorce. There’s no guarantee you won’t come into some money in the future and if you haven’t obtained a financial settlement, your ex is still within their legal rights to make a financial claim.

Once a 'clean break' agreement of this kind has been ratified by court order, neither of you will be able to go back to court in the future to ask for maintenance or further transfer of assets. This gives both partners a much greater degree of certainty and allows them to completely disentangle their individual financial affairs.

To apply for a divorce, you’ll need:

• your husband or wife’s full name and address
• your original marriage certificate or a certified copy (and a certified translation if it’s not in English)
• proof of your name change if you’ve changed it since you got married - for example, your marriage certificate or a deed poll

You must try to find your husband or wife’s current address if you do not know it. The court will need it to send them a copy of the divorce petition.

If you can prove that your spouse received the divorce petition, you can apply for the deemed or substituted service. You can prove service by using a court bailiff or process server. 

Who pays the divorce legal costs depends on the grounds for divorce. If your petition is based on unreasonable behaviour or adultery, then you may be able to apply to the court for your legal costs to be paid by your spouse.

You should reach an agreement on the issue of costs at the outset of the divorce so that needless conflict is avoided down the line. If you are hoping that your costs will be covered by the other side, then be sure to discuss the matter with your divorce solicitor during your first interview.

Whether or not you need a divorce solicitor to handle your divorce case is dependent on the complexity of the divorce matter and your ability to handle legal matters on your own. You normally engage a divorce solicitor for your divorce case in the following circumstances:

• if you know that your spouse is likely to contest the divorce and will be unwilling to divorce;
• if there are children involved, and your spouse may not be willing to reach a mutual agreement regarding child arrangements;
• If you and your spouse own significant assets or are in business together;
• if there are overseas connections;
• if one of you has been declared bankrupt;
• if you wish to claim spousal maintenance and be financially dependent on your spouse;
• if the whereabouts of your spouse are unknown;
• if your spouse is unlikely to respond to your divorce petition.

Divorce mediation is a process by which separating couples can agree on and resolve the typical financial and child-related issues that arise during the divorce process. The mediator is a trained, impartial individual who will act much like an umpire, guiding you and your spouse through face-to-face discussions about important matters such as divorce, financial settlement, and child arrangements.

Once an agreement has been reached, the mediator will draft a ‘Memorandum of Understanding’ to formally set out the proposals. Your divorce solicitor will then use the ‘Memorandum of Understanding’ to draw up your official agreement and further advise you.

Mediation is not suitable for all situations, but it is the right approach for many people. If court proceedings are needed, you will usually be expected to have attended a Mediation Information and Assessment Meeting (MIAM). If your divorce solicitor believes that a MIAM is not appropriate or necessary, perhaps because divorce proceedings need to commence urgently or because domestic violence is involved, then they will let you know.

Unless the parents have reached an agreement regarding child arrangements, one of the parties to the divorce proceedings will have to file a ‘Statement of Arrangements for Children’. This form provides the court with basic details about the children, including their dates of birth, where they attend school, and who is responsible for their care when the parents are working, if relevant. The form serves only to provide information and will not form the basis of any court decision.

In most cases, the parents will make these decisions themselves, where possible, sometimes using mediation to keep discussions on track and in the best interests of the children.

It is worth noting that the court does hold the power to order that a Divorce Order is not granted until it is satisfied with the arrangements for the children, although it is rarely the case that there will be any objection by the court, provided the arrangements are reasonable, and there are no concerns surrounding child protection.

You can get a divorce in England & Wales if all of the following are true:

• you’ve been married for over a year
• your relationship has permanently broken down
• your marriage is legally recognised in England & Wales (including same-sex marriage)
• Either you or your husband/wife is habitually resident in England & Wales

You can still get a divorce in England & Wales if your husband or wife is missing. Our divorce lawyers will help you with the procedures to follow when you do not know the whereabouts of your husband or wife. The divorce process will take longer than usual when the Respondent's whereabouts are unknown.

Filing An Application For Divorce

An application for divorce is filed online in the court on the basis that the marriage has broken down irretrievably.

Service

From the date of issue of the divorce application, the court will serve the respondent or both parties (if this is a joint application) via email.  If the applicant wants to deal with the service, it is anticipated that the service should be undertaken within 28 days from the date of issue of the application for divorce, although the rules do not specify the time for service.  The requirement submitted by family lawyers for the applicant to give notice to the respondent was not included in the legislation.

Acknowledgement Of Service (AoS)

The Respondent or both parties (if this is a joint application) will have 14 days to file the acknowledgement of service from the date of service of the application.

If the divorce proceedings are contested, the party contesting them must file an answer within 35 days of service.

Application For Conditional Order

After 20 weeks from the date of issue of the application, provided the acknowledgement of service was served within 18 weeks from that date, the applicant can apply for a conditional order (previously known as a Decree Nisi).  If the acknowledgement of service was served later than 18 weeks from the date of issue of the application, the time to apply for a Conditional Order is no earlier than 14 days after the acknowledgement of service should have been filed.

Application For Divorce Order

After 6 weeks of the date of the conditional order (previously known as Decree Nisi), both parties or one party can apply for the divorce order (previously known as Decree Absolute).  If the application is made by one party, that party must give 14 days' notice of their intention to apply.