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The divorce process itself is relatively straightforward when both parties are in agreement. So simple, in fact, that it can be broken down into just three steps:

1. File a Divorce Petition
2. File for a Decree Nisi
3. File for a Decree Absolute

At each stage, the divorce application will progress following the Petitioner (the person filing for the divorce) and the Respondent (their spouse) submitting certain documents to the courts. This can be summarised in five steps:

1. The Petitioner will submit a Divorce Petition (also known as form D8) to the court
2. The Respondent will be sent a copy of the Divorce Petition along with an Acknowledgement of Service (also known as form D10). The Respondent will need to complete and return this document to the court.
3. The Petitioner will then be sent a copy of the Acknowledgement of Service and will need to complete a Statement in Support of Divorce (form D80) and an Application for Decree Nisi (form D84) and submit them to their chosen court. Copies of both forms will be sent to the Petitioner along with the Acknowledgement of Service.
4. The courts will inform the Petitioner and Respondent of when their Decree Nisi is to be granted and will also send the Petitioner an Application for a Decree Absolute (form D36).
5. The Petitioner will complete the Application for a Decree Absolute and send this to the court. The Petitioner must wait until six weeks and one day have passed from the date on which their Decree Nisi was granted.

Other things you need to know about getting divorced

Whilst the divorce process itself is relatively straightforward, there are several pieces of information that you’ll need to know if you’re planning on filing for divorce. These are:

You’ll need to find your marriage certificate

In order to file for a divorce, you’re going to need to provide the courts with either the original or a certified copy of your marriage certificate. If you can’t find yours, you can find out how you can get a new marriage certificate here.

You should find out if you need to pay court fees

When filing for a divorce, you’ll need to pay a fee of £550 to the courts. A lot of people don’t know, however, that they’re likely to be entitled to a discount in this fee or, in some instances, may not need to pay it at all.

If you file without applying for a review of these fees, however, you’ll need to pay the full £550 upfront (though you can claim it back if you later discover you would have received a discount). You can find out if you’ll need to pay court fees here. Alternatively, click here if you’ve already paid the court fees and want to claim them back.

You’ll need to choose your grounds for divorce

When you file for a divorce, your petition will need to rely on one of five grounds as proof of the fact that your marriage has irretrievably broken down. These are:

• Adultery
• Unreasonable Behaviour
• Desertion
• Two-Year Separation with Consent
• Five-Year Separation.

Of these reasons, desertion isn’t really used as it’s extremely difficult to prove. Those relying on a period of separation are self-explanatory (though it’d be worth familiarising yourself with the legal definition of ‘separated’). Adultery is also self-explanatory but you cannot cite your own adultery and the legal definition is very specific so it’s worth reading this article in order to find out if you can get a divorce on the grounds of adultery.

Unreasonable behaviour is undoubtedly the ground that requires the most thought due to the simple fact that a successful application will need to cite at least four examples of the Respondent’s unreasonable behaviour. The good news is that numerous examples will be accepted, and we’ve prepared three separate posts on this very subject. You can find links to them below:

• Examples of unreasonable behaviour in a divorce
• Five more examples of unreasonable behaviour in a divorce
• Another five examples of unreasonable behaviour

You should finalise any financial agreements

If you and your spouse have reached an agreement concerning the division of your assets such as properties, savings and pensions, these aren’t going to be made final as a result of you getting a divorce.

Instead, you’ll need to finalise these agreements with a Clean Break divorce. If you don’t, your spouse could make a claim at any time in the future.  

You don’t need to formalise arrangements regarding your children

Many divorcees assume that the courts won’t grant them a divorce if they can’t provide proof of the arrangements they have in place for their children, but this is not the case and the divorce process does not change if a couple have children.