Our Blogs

‘How do you get divorced?’ is one the most common divorce-related queries typed into search engines with hundreds of people looking it up every day. As a result, we thought we’d answer it and dispel a few common myths in the process.

You go through a legal process

In order for a married couple to become divorced, a formal request must be submitted to the court. Whilst it is possible for one spouse to obtain a divorce without the other’s knowledge (specifically when they have no knowledge of their spouse’s current whereabouts in spite of them having tried to locate them) but it is not possible for a divorce to be obtained without the relevant legal processes having been observed; ever.

It is surprisingly common for people to assume that they and their spouse are automatically divorce following them having been separated for five years or more. This, however, is simply untrue and, when you think about it, the reason why becomes obvious: how could a divorce be issued when the institution that grants them were unaware of the fact that the couple had separated? It just wouldn’t make sense.

The legal process is almost exclusively correspondence-based

Again, many people presume that they’ll need to stand before a judge and inform them of why they believe they should be granted a divorce. Instead, the process is moved along via the completion and submission of documentation (unless it’s contested, that is).

In terms of dividing assets, this too is usually dealt with via paperwork as most couples agree a settlement out of court. They may both find themselves before a judge if they’re unable to, but this is technically separate to the divorce process and it is in fact possible to obtain a divorce without an agreement being in place – it’s just not something we or anyone in the know would recommend.

You also don’t need to agree arrangements for your children

This is one that surprises many people but, whilst we’d strongly advise people to agree any new childcare arrangements before filing for a divorce, the courts no longer even enquire as to whether there are any children who will be affected by the divorce, let alone whether arrangements are in place for them.

Previously, the courts would check the arrangements divorcing parents had in place and would prevent them from separating if they believed that they were not adequate but this stopped several years ago.

You can get divorced without spending a penny

It may be unlikely (and, again, it’s not something we’d recommend) but if you’re happy to complete the forms yourself and you’re entitled to a full fee remission (this is dependent upon your earnings, savings and any benefits you may receive) then you can get divorced without spending a penny.

As we’ve said, we wouldn’t recommend this, though. The courts can be very pernickety and, if there’s a mistake on any of the documentation (and this is more common than you might think) then you’ll be required to pay an amendment fee each time you submit new documents. This fee is in excess of £100 and cannot be waived meaning that pursuing a free divorce can very quickly become a false economy.