lawyermonthly 1100x100 oct2024eb sj lawyermonthly 800x90 dalyblack (1)

How does online divorce work in the UK?

In this Article
Reading Time:
4
 minutes
Posted: 4th September 2024 by
Andrew Palmer
Last updated 4th September 2024
Share this article

How does online divorce work in the UK?

What is the quickest divorce you can get and what is the cheapest way to divorce in the UK are two of the most asked questions when contemplating divorce.
The no-fault divorce legislation has been effective since April 6, 2022, allowing for applications to be submitted either online or via paper forms. This document will outline the procedure for obtaining a divorce online. Individuals may initiate online divorce applications either as sole applicants or as joint applicants with their spouse. It is not necessary to provide a specific reason for the divorce, apart from a straightforward declaration that the marriage has irretrievably broken down.

Conditions for divorce eligibility

These conditions are for divorces only in England and Wales. The regulations differ for divorces occurring in Scotland and Northern Ireland. Additionally, if you wish to dissolve a civil partnership, it is necessary to submit an application to the court. The stipulated conditions are as follows: - You must have been married for a minimum duration of one year. - Your marriage must be legally acknowledged in the United Kingdom. - The marriage must have irretrievably broken down.

Application process online

Can you get a quick divorce online? To start, you will need: - The full names and addresses of both individuals involved - Any relevant contact telephone numbers - Email addresses, if you prefer to communicate in this manner. It is possible to serve your partner with papers via email, provided you have their email address that is exclusively accessible to them. - The original marriage certificate or a certified copy, along with a certified translation if the document is not in English - Documentation proving any name change that has occurred since the marriage, such as a deed poll or change of name deed.

A fee of £593 is required upon submission of the application to the court. If you choose to utilize the online process, a credit or debit card will be necessary for payment. If you are on a low income or receiving benefits, you may qualify for assistance. You might be exempt from paying some or all of the fee, but you will need to submit an application to assess your eligibility by completing a form known as EX160. This application form can be obtained online, or you may complete an online application to receive a reference number for fee assistance. The fee is not refundable after the application is issued.

Joint or separate application

In the case of joint applications, both parties must complete all necessary documents together. Cooperation is essential throughout each stage of the process, as both parties will apply collectively. If you are filing as a sole applicant, your partner will receive a copy of the application along with instructions on how to respond. You will be informed when the paperwork has been dispatched to them.

The timeframe for their response will vary depending on whether they receive the court documents via email or postal service. They will be allotted a specific period to reply, and the court will notify you of the deadline for their response. Your partner is expected to either agree not to contest the divorce or indicate their intention to dispute it, provided they have valid grounds for doing so. Should your partner fail to respond, the court will provide guidance on the subsequent steps you need to take.

Applying for the conditional order

You will receive guidance on how to apply for a conditional order; however, you must wait for the designated date as specified by the court. An online application form will need to be completed for processing. Should you submit your application prematurely, it will be rejected. Upon review, the court will examine the divorce application, your partner's response, and the statements made in your application.

The court must be satisfied that valid grounds for divorce exist and that all submitted documents are accurate and correct. If the court finds in your favour, you will receive a notification confirming your entitlement to a divorce, along with the date on which the conditional order will be issued. It is unlikely that your presence will be required in court on this date. Subsequently, once the conditional order is granted, you will receive it along with details regarding the next steps to follow. After the conditional order is granted, you may request the court to issue a financial settlement order, as the court gains the authority to do so on or after this date. No such order can be granted prior to the issuance of the conditional order.

Applying for the final order

You will receive guidance on how to apply for a conditional order; however, you must wait for the designated date as specified by the court. An online application form will need to be completed for processing. Should you submit your application prematurely, it will be rejected. Upon review, the court will examine the divorce application, your partner's response, and the statements made in your application.

The court must be satisfied that valid grounds for divorce exist and that all submitted documents are accurate and correct. If the court finds in your favor, you will receive a notification confirming your entitlement to a divorce, along with the date on which the conditional order will be issued. It is unlikely that your presence will be required in court on this date. Subsequently, once the conditional order is granted, you will receive it along with details regarding the next steps to follow. After the conditional order is granted, you may request the court to issue a financial settlement order, as the court gains the authority to do so on or after this date. No such order can be granted prior to the issuance of the conditional order.

Sign up to our newsletter for the latest Editor's Picks Updates
Subscribe to Lawyer Monthly Magazine Today to receive all of the latest news from the world of Law.

About Lawyer Monthly

Lawyer Monthly is a news website and monthly legal publication with content that is entirely defined by the significant legal news from around the world.