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How easy is it to get divorced in the UK?

There’s a stigma surrounding all legal proceedings; specifically, people assume that they’re certain to be protracted, mired in tradition and, ultimately, convoluted. The process of getting a divorce in the UK is actually largely straightforward… under certain circumstances.

The four stages of divorce in the UK

The divorce process can be broken down into four separate stages:

  1. You file for divorce
  2. Your spouse completes and returns an Acknowledgement of Service to the court
  3. You apply for your Decree Nisi; and
  4. You apply for your Decree Absolute

Each of these steps requires the completion and filing of paperwork. The Petitioner (the person applying for the divorce) will need to complete steps one, three and four, whilst the Respondent (the Petitioner’s spouse) will be responsible for step two.

By and large, these forms are easy to complete, with the exception of the Divorce Petition where needing to select the correct jurisdiction, choose your grounds for divorce and provide further details are all capable of both drawing out and increasing the costs of the divorce process. If you married abroad, it’s made harder again by the need to reference elements of your marriage certificate word-for-word which, surprisingly, is harder task than you’d think.

What happens if you make a mistake?

If a mistake is made at any stage, you will be asked to amend and then resubmit your documents. Each time that this is required, a fee exceeding £100 will need to be paid to the court meaning that the process will not only suffer delays, but significantly increased costs too.

What if your spouse doesn’t agree to the divorce?

If you’ve filed on certain grounds, you’ll be able to proceed without your spouse consenting to the divorce. If you’ve filed on the grounds of two-year separation, there’ll be no way you’ll be able to proceed whereas, with adultery, you’ll need to go through the extremely difficult task of proving that your spouse was unfaithful.

In the event that you filed on the grounds of five-year separation or unreasonable behaviour, you’ll be able to obtain a divorce without your spouse’s consent, but the process is certain to become protracted and more difficult if this is the case.

What about your divorce settlement?

Whilst the task of dividing joint funds and assets is not technically part of the divorce process (you can actually get divorced without having an agreement in place) it’s highly advisable that you try to reach an agreement with your spouse before you file your petition. If you are able to do this, you’ll be able to make the agreement legally binding prior to the divorce process concluding.

If you and your spouse can’t reach an agreement, we’d recommend you delay starting your divorce until you have something in place as, whilst there is no legal requirement for you and your spouse to have an order in place before finalising your divorce, you’ll be leaving yourself open to claims in the future – and these can even include post-divorce earnings – if you don’t.

How you can make the divorce process easier

By following a few simple steps, you can go a long way towards making the divorce process significantly easier:

  1. Contact your spouse and ensure they agree to the divorce;
  2. Get help completing your divorce papers;
  3. Choose your grounds carefully; and
  4. Try to agree a settlement before filing

Can you automatically get divorced if you’ve been married for ten years?

A common question levelled at divorce firms and solicitors is ‘How long do I have to be married for a divorce to be automatic?’ and the answer is a complex one. There’s actually no set amount of time before you can process an automatic divorce because they simply don’t exist in British law. There is one set divorce process regardless of how long a couple has been married for, but the grounds for the divorce you’re seeking can vary based on how long you have been separated. Unhappy couples can divorce if one has committed adultery, if they have been separated for two or five years, based on unreasonable behaviour or under cases of desertion. Our ‘At a Glance’ guide can be used as a handy reference to how you can expect the divorce to proceed.

Five years of separation

There is a widespread myth that after five years of separation you can divorce your spouse without them being granted an opportunity to comment on or even see the papers that are being filed. It’s so widespread that we have tackled the issue in brief on our own blog, yet it keeps coming up again and again. The usual way a couple would begin proceedings, using five years of separation, would be with one member acting as petitioner and filing for divorce and the respondent returning their acknowledgement of service form to their local divorce centre to confirm they have been served by post with the petition. You can then apply or your decree nisi, which will be granted, and then the decree absolute. This process should take around four months but as divorce centres are regional, the time might differ in your local area. Provided you know where your spouse is, this method of divorce is an easy one, but if they don’t respond for whatever reason your options change.

They may have not responded because they didn’t receive the papers, in which case you need to prove they have been served with the petition. This can be done by asking the court bailiff to serve them personally, or by hiring a private process server to do this for you. This will cost anything from £100 to £200 depending on which method you choose but will stand as proof that they have been served and you can progress with your divorce and decrees in the usual way. Though it is true that divorcing after five years of separation can be done without consent, you must then satisfy the court that you have tried to contact your spouse to serve them the papers using all reasonable means. You must prove to the court that you do not know where your spouse is, and that you have contacted their friends and family to attempt to get in contact with them. You must also have taken steps to track them down using the electoral roll, their last known employer and even their bank.

Divorce without consent

It’s difficult to persuade a court to allow you to separate from your partner without consent unless you really have exhausted all possible avenues to try to get in touch with them, so it is in your interests to try your best to locate your spouse to reduce the cost of your divorce and the time is takes for you to get your decree absolute. You should send your completed forms to the last known address of your partner, and then your regional divorce centre will let you know if the divorce petition is returned unopened. If it is, you can then apply for the petition to be sent through another method such as via email, or by applying to have the centre search other government departments for their new address or other addresses. If all of your searches are fruitless, you will be forced to fill in the statement to dispense with service of divorce petition to ask the court to proceed with your divorce proceedings even though the respondent could not be served with the papers. This will incur a £50 court fee.

If your spouse is presumed dead and you have sufficient evidence, you don’t need to send your divorce petition and can then end the marriage using a D8D form. You will have to pay a £365 court fee and should take legal advice on gathering the appropriate evidence but can then use your form to remarry in the future.

We understand the process can be a confusing one, and we’re happy to answer any questions you might have in the comments. Remember to use as much detail as possible so we can give you the most appropriate advice.

What counts as unreasonable behaviour in a divorce?

One woman’s fight against a family court ruling could change the way couples separate forever. In 2015 Tini Owens, 68, sought a divorce and told the court that she wanted to end her 40-year marriage to her husband Hugh Owens, 80, because they had become unhappy together. Refused a divorce from a family court and the court of appeal, Tini took her case to the UK’s highest court this year where supreme court judges were forced to “reluctantly” dismiss her on the basis that a joyless marriage is not yet adequate grounds for a divorce if one spouse refuses to agree. The five judges unanimously upheld the earlier rulings that the pair must stay married, despite the complaint from Owens that the marriage was loveless and had broken down. “The appeal of Mrs Owens must be dismissed. She must remain married to Mr Owens for the time being,” the supreme court judge Lord Wilson said in the majority ruling. “Parliament may wish to consider whether to replace a law which denies to Mrs Owens any present entitlement to a divorce in the above circumstances.”

Consultation on no fault divorce

Following the ruling, the Government announced plans for a major consultation on introducing a ‘no fault’ divorce in the United Kingdom, where one partner would not need to file for divorce against another who admits culpability. Resolution, an organisation that represents 6,500 lawyers working in family law and supports the introduction of no-fault divorce, welcomed the move and confirmed there was a “divorce crisis” in England and Wales. Nigel Shepherd, the body’s former chair and long-time campaigner for no-fault divorce, said: “In practice, our current laws can often create unnecessary conflict in divorce – forcing couples to blame each other when there is no real need, other than a legal requirement, to do so. For over 30 years Resolution has been campaigning for a system fit for a modern age, where separating couples are treated like responsible adults and supported to resolve their differences as amicably as possible.”

If the consultation passes successfully, introducing a no-fault divorce in the UK would undoubtedly be a good thing for families who have struggled to come up with a reason other than that they just fell out of love, or for partners who are still on good terms and have no interest in effectively ‘blaming’ one for the marriage falling apart. The no fault divorce could keep families on better terms by maintaining their privacy at a time of high stress and would hopefully lead to stronger co-parenting relationships where each parent is on an even footing with one another. Until then, though, the law still insists that one partner be the petitioner and on the respondent. This means that when you’re seeking a divorce, one of you has to effectively serve the other with a divorce, by citing one of several set grounds for the separation. Grounds for divorce range from separation for terms of two and five years, adultery, desertion and unreasonable behaviour.

Unreasonable behavior in divorce

Unreasonable behaviour is a hugely popular reason to file for divorce, because examples of ‘unreasonable’ behaviour are so far reaching. Official guidance from the Government suggests that any behaviour that you could not be expected to live with would suffice, including physical violence, verbal abuse and drug or alcohol abuse. Other, perhaps less obvious, reasons that are also often referenced by disappointed spouses include

  • Lack of emotional support
  • Financially irresponsible e.g. failure to support the family
  • Lack of support in general, around the house, in your career etc
  • Refusal to discuss/work on issues within the marriage
  • Not wanting to engage in any sexual or physical relations
  • Limited socialising happens as a couple

The examples themselves will not be enough to prove your grounds to the court, you will need to remember specific instances of their negative behaviour and cite them in some detail. Usually five examples are an ample number, and you will need to explain what happened and how it made you feel. If you are intending to separate amicably, it’s a good idea to talk to your spouse about your examples before they read them in court documents, because it can be a shock to read an emotional account of your behaviour. Some couples even choose for the respondent to write their own examples of their unreasonable behaviour so relations between both parties don’t become strained, but that would be your choice.

Going through a divorce will always be a difficult time for a couple, particularly when there are children involved, but maintaining an amicable relationship can help streamline the process for all parties. Quickie Divorce has helped hundreds of thousands of uncontested couples separate, and our Personalised Plus Service package even includes a Clean Break Agreement to guarantee that financial deals you and your ex-spouse reach are enforceable by law.

Where can you find divorce papers online?

In order to file for a divorce, you’ll need to complete and submit a Divorce Petition to the court. Furthermore, you’ll need to complete several additional documents and, if you intend to ask the courts reduce or waive their fee for divorce, will also need to complete and present an EX160 form alongside your other documents.

All of the documents that you’ll need can be downloaded from the official government website. In fact, virtually any standard piece of court documentation can be found on this site. What this site does not provide, however, is guidance on how to complete these forms correctly and, with the courts charging in excess of £100 each time a corrected piece of documentation is needed, it’s easy to see why this presents a problem to people looking to do their own divorce.

How to get help with your divorce papers

When people chose to complete their own divorce papers, their documents often contain mistakes, just one of which is sufficient to completely negate the financial benefits of doing your own divorce. What, though, can be done to reduce the likelihood of the courts declining your application because of errors?

The cheapest option is to seek the help of friends or acquaintances who are familiar with the divorce process. Another is to scour the internet and find advice on how to complete the relevant forms. Both options are, however, highly problematic as the courts regularly make changes to their documents meaning that any articles you find online are likely to be out-of-date and that anyone you know that has been through the divorce process probably also completed a completely different set of papers. Basically, neither of these options are full proof – but there is one that is.

For just £67, Quickie Divorce will complete all of the documents you’ll need to file for your divorce and, if the courts reject them because of our error, we’ll cover the resubmission costs. This means that, for less than the cost of submitting amended documentation to the court, you can have every form you’ll need completed for you by a professional; and you can rest assured that £67 is the only fee you’ll pay to any company.

Don’t forget your clean break

As costly as incorrect Divorce Petitions and other documents can prove to be, they pale in comparison to the potential cost of failing to obtain a clean break.

A clean break or Consent Order – to use its technical, legal name – is used to formalise agreements couples have made concerning the division of their assets by making them legally binding. If one is not obtained during the divorce process or shortly after the divorce has been granted, either spouse can claim a share of the other’s assets – even if they’ve been earnt after the divorce was finalised. All in all, it’s easy to see how you can lose out financially if you don’t obtain one of these orders.

There’s good news, though, Quickie Divorce will prepare all of the documents you’ll need to obtain a divorce and a clean break for just £167.

How long do you have to be separated before you can divorce?

Owing, perhaps, to the very different divorce procedures used in other nations, people that contact Quickie Divorce consistently assume that they and their spouse must have been living separately for a set period of time (six months or one year being the most common presumptions) before they can request a divorce. Legally, no such restrictions exist, and a divorce can be filed immediately after a couple begin living separate lives. Your personal wishes and circumstances, however, may well affect when you should file for a divorce.

Your grounds for divorce effect when you can file

If you intend to file for a divorce on any of the fault-based grounds (adultery, unreasonable behaviour or desertion), then you and your spouse do not need to have been living separately for any set period of time. Provided you are living separate lives, you can file for a divorce reliant on a fault-based ground at any time. If you’re unwilling or unable to rely on these grounds, however, then you and your spouse will have to have been living separately for more than two years before you can request that the courts grant you a divorce.

Why no-fault divorce can only be obtained after two years

The two non-fault-based grounds that can be cited when applying for a divorce are both time sensitive. The first, two-year-separation with consent, can only be used if you and your spouse have been living separately for more than two years and you both agree to the divorce. The second, five-year-separation, can only be used if you’ve been living separately for five years or more, though consent is not necessarily required.

Should you apply for a fault-based divorce?

In my experience, most people would prefer to avoid fault-based grounds for one of the following reasons:

  1. They do not believe their spouse will accept fault;
  2. They believe that the details of their divorce will be made public resulting in embarrassment; and
  3. They believe that the party that accepts blame will be disadvantaged when the couple divide their joint assets.

In the event that you do not believe that your spouse will accept they were at fault, it’s best to avoid filing on these grounds altogether. You can technically still obtain a divorce if they do not consent to the reasons you provide, but it’s certain to result in increased expense as you’ll need to employ a solicitor due to the fact that your divorce will now be contested. If, however, you’re concerned that the details of your divorce will be made public or that your grounds will affect any settlement you and your spouse have negotiated, don’t; these are both common, but ultimately inaccurate, assumptions.

Why you can be living separately whilst sharing a home

It’s widely assumed that people aren’t living separately until they’re in separate homes – but this is not actually the case. A couple can be living separate lives whilst still sharing a property provided they sleep in separate bedrooms, prepare their meals separately etc.

To find out more about when a married couple are actually living separate lives whilst sharing a property, click here.

Alternatively, if you have any further questions about divorce, you can contact Quickie Divorce’s enquiries team.

Do you divorce your spouse to end a civil partnership?

This month, Prime Minister Theresa May announced plans to open up civil partnerships so that straight couples who want to formalise their relationship but don’t agree with marriage have the same choices available to their gay counterparts. Though there has been no official date for the plans announced yet, Penny Mordaunt, equalities minister, said the change in the law would happen “as swiftly as possible” and many are already planning their upcoming nuptials.

Has the law changed?

As civil partnerships open up to straight couples, and marriages are an option for gay couples, there has been growing confusion over how to separate from the different unions. Thankfully, though, both processes are broadly similar and follow the same basic route. Applying for your divorce or dissolution requires you to state your grounds for it, choosing from unreasonable behaviour, desertion, or separation of two or five years. This is the only way in which the process differs, as straight couples can cite adultery as their grounds for divorce where gay couples cannot.

Grounds for divorce are the only real difference

Unfortunately, the law has not quite caught up with itself and there remains a loophole in that for someone to have committed adultery, they must have had penetrative intercourse with a member of the opposite sex. As a result, if one party had a sexual relationship with someone of the same sex, this will not be viewed as adultery by the courts and the dissolution application will be unable to proceed. You can, however, cite the cheating as unreasonable behaviour and still use it as your grounds for dissolution that way.

After this, your partner responds as with a divorce and you will be given a conditional order that you can file to turn into a final order after a set period of time. This is six months if you filed for dissolution, or three months and six weeks if your partner did. Following the application being filled in and sent off with £45 for your financial order, you will be granted your final order and your civil partnership will be ended with you free to marry again if you so wish.

Do you offer dissolutions?

Of course! Our service is available for divorces or dissolutions of civil partnerships, and we offer a range of packages to suit all needs.

Do I need a Decree Nisi?

It’s a time of serious stress in your life, least of all because you just don’t know how the process works. You and your partner have agreed that you want to divorce, now what? Do you need a Decree Nisi? What even IS a Decree Nisi?

Your first few steps are to decide what grounds you’re going to divorce on. Most people choose ‘unreasonable behaviour’ because the examples of what can be cited as unreasonable are so wide-reaching. Despite what it might initially appear, unreasonable behaviour doesn’t have to be anything as drastic as physical or emotional abuse and can actually just include examples of your partner not pulling their weight around the house or with your children.

Other grounds include adultery, if one of you has cheated, and separation if you have lived apart for over two years. Petitioners can also apply for a divorce if they have been ‘deserted’ by their partner for over two years or if the couple have lived apart for more than five years, in which case no consent is needed from the respondent. Once you have settled on your grounds, you then need to file your petition form in court containing all of the information needed on your marriage, children and reasons for the divorce. This is where you also pay your court fee and submit other supporting documents.

Your spouse will then have an opportunity to oppose or contest the divorce, and if all goes to plan they will agree for the divorce to go ahead. In most case when the divorce is not defended, the process is mostly just administrative and can be completed in under six months. After the respondent sends back their Acknowledgement of Service in agreement, the petitioner can then apply for their Decree Nisi by preparing a formal statement and answering various questions. 

The court now lists the Decree Nisi to be pronounced, where the papers are accepted and the grounds for divorce are approved by a judge. Most people do not need to attend the court to hear their decree nisi be pronounced, and this part of the process passes easily. This does not mean the marriage is over yet, as six weeks later you can apply for your Decree Absolute and then you will finally be divorced. Six weeks is the minimum amount of time that can pass, but in cases where finances have yet to be sorted you may choose to wait longer before officially ending the marriage.

If you're still confused, call us for free help and advice.

What’s the best way to get a divorce?

‘What’s the best way to get a divorce?’ is one of the most common questions we’re asked at Quickie Divorce – it’s also one of the most difficult to answer due to its ambiguity.

There are a multitude of ‘best practices’ which should be observed as far as the divorce process is concerned and, in order to answer this question effectively, we need to determine which is of the greatest concern to the person asking it. To answer the question comprehensively, though, the following points will always need to be addressed:

The cost of divorce

For many, the best divorce is the one that costs them the least money. You may therefore assume that we would advise such individuals of the fact that they can, technically, get divorced without spending a penny – and we do, but not before adding some very important information.

Firstly, the divorce will only be free if the circumstances of the spouse that files for the divorce are such that they are not required to pay the court fee. Secondly, even if they find that they do not need to pay the court fee, they’ll need to complete their documents without assistance in order to get a free divorce and this is why doing your own divorce is often a false economy.

If the documents that are filed contain any errors, they’ll need to be amended and resubmitted, and a fee will need to be paid each time they do, meaning that a free divorce can quickly become one that costs several hundred pounds.

As Quickie Divorce will complete all of the documents you’ll need to file for a divorce for just £67 and we’ll cover the costs if any amendments are required, we always recommend this package to anyone looking to minimise the cost of their divorce.

How long does a divorce take?

Another major concern amongst those seeking a divorce is how long the process will take. Whilst it is sadly not possible to provide a definitive answer due to the sheer number of variables outside of our control, we can say that, if you and your spouse communicate throughout the process, this’ll play a big part in making it as expeditious as possible.

If you’re filing for the divorce, let your spouse know when everything’s been submitted to the court. They’ll then know to keep an eye out for correspondence from the court and return it as quickly as possible. You should also respond to any court correspondence you receive as quickly as possible too.

For more advice on how to ensure your divorce is processed and finalised as quickly as possible, click here.

Choosing the right grounds for divorce

For many, waiting until they and their spouse have been living separately for two years so that neither party needs to accept fault for the breakdown of the marriage is the best way to divorce. Whilst this is understandable, it can be problematic when the couple would prefer to get their divorce over and done with as soon as possible.

If it’s the former scenario that describes your current position, then the best divorce for you is one reliant on adultery or unreasonable behaviour. We know this may sound counterproductive but remember that any information that you supply to the court will be treated with the utmost confidentiality so no one else need ever know. Furthermore, any examples of unreasonable behaviour you provide do not need to portray your spouse as abhorrent and can actually be quite mild. If you do need to file on this ground, we’d strongly recommend you discuss them with your spouse and agree what’ll be featured before filing your documents, too.

You can find common examples of unreasonable behaviour in divorce here, here and here.

The best divorce for your future

If you’re worried about how your divorce may affect your future, you’re going to need to request and obtain a Consent Order (this is more commonly known as a Clean Break Divorce) just before your divorce is finalised.

By obtaining this, any agreement you and your spouse have reached becomes binding and prevents either from making any further claim against the other. Indeed, we’d recommend this to anyone who’d reached an agreement with their spouse whether they’d said their post-divorce wellbeing was a concern or not.

If no agreement was in place, we’d also recommend they try to work one out. Should they inform us they can’t successfully negotiate an agreement, we’d advise them to try mediation or instruct a solicitor such is the importance of obtaining such an agreement.

How to apply for a divorce online in the UK

With so many people querying how they can apply for a divorce online in the UK, we thought we’d use our considerable expertise to produce a comprehensive five-step guide detailing exactly how people can both apply for and obtain a divorce. Before, we begin, though, you’ll need to know that, before you can file for a divorce:

Step one: find or replace your marriage certificate

The divorce process is much easier when you can send the court your original or a certified copy of your marriage certificate so it’s advisable you find your original copy or, if you’re unsure of where you left it, order a certified copy (note: you can find out how to order a certified copy of your marriage certificate here).

Step two: choose your grounds

When filing for a divorce, you’ll need to rely on one of five facts/grounds in order to show that your marriage has irretrievably broken down. These are:

  1. Adultery

Adultery takes place when one spouse engages in penetrative intercourse with a member of the opposite sex. This is an acceptable ground for divorce provided the parties began living separate lives within six months of the adultery having been discovered. The party applying for the divorce will also need to rely on their spouse’s adultery.

  1. Unreasonable behaviour

When filing on the grounds of unreasonable behaviour, the spouse that files for the divorce is arguing that their partner has behaved in such a way that they can no longer remain married to them.

Whilst it’s logical to assume that the behaviour described should be extreme, this is actually not the case and anything that the party filing for the divorce found to be unreasonable can be used.

You can find common examples of unreasonable behaviour in divorce here, here and here.

  1. Desertion

If your spouse has left you and this occurred more than two years ago, you can file for a divorce on the grounds of desertion. As both parties will need to agree to the divorce in order for such an application to succeed, this ground is rarely used. Instead, couples that have been living separately for more than two years and both want a divorce are more likely to rely on…

  1. Two-year separation with consent

If the parties agree to a divorce and have been living separately for two years or more, then the process of filing for a divorce on this ground is simple. An application reliant on desertion will need to be accompanied by supporting evidence whereas, with two-year separation, this is not required.

  1. Five-year separation

If only one spouse wants a divorce and the parties have been living separately for more than five years, they can file on this ground. The key difference between this ground and two-year separation is that consent is not required.

Step three: file a Divorce Petition

In order to formally begin the divorce process, a completed Divorce Petition will need to be submitted to the court along with the original or a certified copy of the marriage certificate.

The Divorce Petition (which is also sometimes referred to as form D8) contains information such as the parties’ names, addresses, dates of birth and other personal information. It will also need to state the grounds for divorce and why the court can deal with the application (also known as jurisdiction).

It is also now possible to file these documents online through www.gov.uk.

Following a petition having been filed, a copy will be sent to the applicant’s spouse along with a form that they will need to complete and return to the courts in order for the divorce to progress.

Court fees

When filing for a divorce, a fee must be paid to the courts. This is set at £550 but can be reduced or even waived completely if you receive certain benefits or have a modest income. Many people assume that they won’t get any help with these fees but it’s surprising how many people do. You can find out if you can get the court fee for a divorce reduced or waived here.

Step four: apply for a Decree Nisi

Following the Respondent having returned their documents to the court (or following a bailiff having served the documents on them in the event that they’ve not returned them and the divorce relied on five-year separation), you’ll be informed and invited to apply for your Decree Nisi.

A Decree Nisi is granted following a judge having reviewed a divorce application and declaring that there is no reason a divorce cannot be granted. In order to apply for one, it is necessary to complete two additional forms, A Statement in Support of Divorce Dissolution (also known as form D80) and an Application for a Decree Nisi (also known as form D84). Both of these will be sent to the Petitioner by the court along with notification of the fact that the Respondent has acknowledged and consented to the application or that a bailiff has successfully served documents on them.

Step five: apply for a Decree Absolute

Once a Decree Nisi has been granted, the Petitioner will be informed of this, along with the date on which it was issued. The courts will also send an application for a Decree Absolute (also known as form D36).

Following six weeks and one day having passed from the date of the Decree Nisi, the Petitioner will be able to apply for the Decree Absolute which, as the divorce application has already been reviewed and deemed to be acceptable, is little more than a formality. The most common problem here is that people fail to wait until six weeks and one day have passed before sending their completed application to the court or failing to ensure that the date they write on the form is one that’s occurred six weeks and one day after the date on which their Decree Nisi was pronounced, also.

How Quickie Divorce can help

We can handle the entire divorce process from start to finish and even prepare and file a Clean Break Order so that all financial ties that exist between you and your spouse are completely severed.

Find out more about our online divorce packages by visiting our website today.

Is cohabiting really linked to lower divorce rates?

The short answer is – maybe. Researchers have been back and forth on the issue since the fifties, when it would have arguably been pretty scandalous for an unmarried couple to move in together. Back in those days, studies generally found that couples who cohabited before getting married were subject to a higher rate of divorce for a reason that couldn’t be more straightforward. Social norms didn’t really matter to them, because they were living in a non-traditional set up in the first place, so divorcing wasn’t as unpalatable to them as it might be for other couples whose separation would probably generate some great gossip at the village bake sale.

As times have changed, it’s become increasingly common for young couples to move in together as a trial phase before taking the leap into marriage. This has generally meant that any meaningful link between premarital cohabitation and divorce rates has faded to nothing, and some studies since 2000 have shown it might actually be associated with a lower rate of divorce. The general idea here being that living with someone for five years should give you a pretty good glimpse what they would be like as a husband or wife.

Two studies were published this year that looked at broadly the same set of data but came to completely different conclusions and brought the subject back to the public consciousness. The Journal of Marriage and Family supported much older research, and officially found that couples who lived together before marriage had a lower divorce rate in their first year of marriage but went on to have a higher divorce rate after five years. Just two weeks later the Council on Contemporary Families published their report coming to the exact opposite conclusion about live-in girlfriends and boyfriends: Premarital cohabitation seemed to make couples less likely to divorce!

Part of the problem is how quickly these studies stop being relevant, tracking marriages over a span of twenty years to find divorce rates can only be a reflection of attitudes to divorces up to twenty years ago. Can it really be relied upon for useful data when society has shifted yet again? New research has also suggested cohabiting might not give a full picture of premarital experiences that could affect divorce rates, as the average number of sexual partners before marrying creeps up year on year too.

It looks like we’re not getting a solid answer anytime soon, but knowing your partner’s worst habits as soon as possible can only be a good thing, right? And if all else fails, we offer some very affordable packages.

The D8 form and its importance in divorce proceedings

The Divorce Petition, also known as a D8 form, is the document that, following it having been completed and submitted to court, starts the divorce process. This form is a vital part of the process as it provides the court with all of the information it will require in order to administer the divorce such as the parties’ full names, dates of birth, addresses etc. Along with this, the Divorce Petition will also need to state the reasons for the divorce – reasons which will be reviewed by a judge who will use them to determine whether or not they are sufficient enough for a divorce to be granted.

Additionally, the D8 form will need to reference any prior court proceedings concerning the couple’s marriage, their children or property. If, for example, the couple filed for divorce previously but did not finalise matters, or there’s been an application for an order concerning children/property, then the relevant case number, the court within which the matter was filed/heard and the outcome must be noted.

Section six and seven

As we’ve said previously, the D8 form will need to state which of the five grounds for divorce you intend to rely. In addition to this, you will need to provide additional information in support of this ground.

In the event that you’re filing on the grounds of two or five-year separation, the only additional information you will need to provide will be the date on which you came to the conclusion that your marriage was at an end and the date on which you and your spouse began living separate lives. If, however, you intend to file on the grounds of adultery or unreasonable behaviour, you will need to provide a short statement in support of your application.

All of this information will need to be provided within sections six and seven of your D8 form.

Section nine

Section nine is another vital section of your divorce petition: it is here that you will need to provide details of any prior court proceedings and, as failing to do so can cause significant delays to your application, you should provide as much information as possible.

Section ten

When completing section ten you should ensure that you state that you do intend to apply for a financial order in the future. This does not mean that you will have to apply for an order of any kind. It does mean, however, that you will be able to in the future if you need to.

Can’t afford a divorce? Here’s what we advise

Have you been considering a divorce only to find yourself put off by the cost? You’re not alone. Solicitors can charge upwards of £400 per hour and the courts require a fee of £550 – plus the costs of renting/buying a new place to live, furnishings and so on can all add up, too.

Whilst divorce can be expensive, there are a number of things that you can do to reduce the overall cost. Here are our top tips for reducing the cost of your divorce:

Negotiate your own settlement

Solicitors are expensive and determining how to divide your joint assets can be a long, cumbersome process. As solicitors charge per hour, instructing one to negotiate a divorce settlement on your behalf can result in costs escalating rapidly.

There is, however, no reason why you and your spouse cannot negotiate a settlement without involving solicitors. People tend to assume that using a solicitor when determining their divorce settlements is a sensible move and, as formulating a favourable agreement is a vital part of divorce, we can’t blame them. If you and your spouse are still on speaking terms and have a reasonably good relationship, however, there’s no reason why you cannot arrive at an agreement that meets the needs of both parties without involving costly solicitors.

Even in the event that you’re not quite able to agree matters between yourselves, you can utilise the services of a mediator who will help both you and your spouse negotiate a settlement whilst charging significantly less than a solicitor.

If both you and your spouse cannot arrive at an agreement that either of you deem suitable then it’s obviously in your best interests to spend the extra money on solicitors but, if you can divide your assets in a way that is reasonable and meets both of your needs, you’ll save a substantial amount of money.

Consider an online divorce

When both spouses consent to a divorce, they can save money by foregoing solicitors and instead using the services of an online divorce provider such as Quickie Divorce.

Having begun offering their services in the late nineties, online divorce services have grown in popularity. We, for example, assisted more than 22,500 people in 2017 and our clients can save up to several hundred pounds.

You could even file for a divorce without any assistance and make further savings but this often proves to be a false economy. A single error can result in you needing to amend and resubmit your documents with a fee in excess of £100 needed to be paid to the court each time this is required.

Worse yet, if you fail to obtain a Consent Order (commonly known as a Clean Break order) that formalises you and your spouse’s agreement, then they’ll retain a claim to a share of your assets (including any you accrue after your divorce) and could bring about legal proceedings at any time.

Check if you need to pay court fees

The need to pay the courts the not unsubstantial fee of £550 when filing for a divorce is something that many people are unaware of. More, however, are unaware of the fact that they may be able to have this fee reduced or even not need to pay it at all.

Generally, large discounts and full remissions are offered to those in receipt of certain benefits or low incomes but a surprisingly large number of people who don’t claim benefits and have reasonably high incomes find they’re entitled to relatively generous discounts, particularly those with dependent children.

So, don’t assume that you’re going to need to pay the full fee: click here to find out if you need to pay court fees for your divorce.

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