Divorce and separation

Yes. Most divorce applications are now made online, and we can handle that for you. The more important decisions, about money, property and children, sit alongside the divorce and benefit from proper advice.

Usually not. The divorce itself is dealt with on paper, and most financial and children matters are resolved without a contested hearing.

Yes. Living under the same roof doesn’t prevent a divorce, and a separation agreement can set out how things will work until one of you moves out.

Yes, you can apply yourself. But the divorce doesn’t settle your finances, and if you have a home, pensions or business interests to divide, it’s worth taking advice before you agree anything.

Rarely. A spouse can only dispute a divorce on narrow grounds, such as jurisdiction or whether the marriage is valid, though the person who applied can choose not to take it further.

The legal process takes around seven months at minimum. Resolving the finances often takes longer, and that usually decides when everything is finished.

You must have been married for at least a year before applying. After that, the law sets minimum waiting periods: 20 weeks before the conditional order, then six weeks before the final order.

Your spouse has 14 days to respond to the application, and if they don’t, the court can let the divorce continue without them. If they applied but then stall before the final order, you can apply for it yourself three months after they could have.

No. A sole application doesn’t need your spouse’s signature or agreement, and they can only dispute it on very narrow grounds, such as jurisdiction.

Someone who supports a person representing themselves in court, by taking notes, helping with papers and quietly offering suggestions. They don’t usually speak for you, and most aren’t legally qualified or regulated.

Since April 2022, there is only one: that the marriage has broken down irretrievably. A statement saying so is enough, and neither of you has to prove or allege blame.

A divorce that neither spouse disputes. Since no-fault divorce was introduced, almost all divorces are uncontested, though the finances and arrangements for children can still be disagreed on separately.

Since April 2022, you can divorce without blaming your spouse. One or both of you simply state that the marriage has broken down irretrievably, and the court can’t question that.

You can divorce after adultery, but you no longer need to cite it, and it won’t usually affect how the finances are divided.

No. Since April 2022, you don’t need to prove unreasonable behaviour or any other fault.

There are three: the application, the conditional order after at least 20 weeks, and the final order six weeks after that. The financial settlement runs alongside and should usually be agreed before the final order.

A joint application can set a more cooperative tone, but it relies on both of you staying engaged. A sole application keeps the timing in your hands, and we can advise on which suits your situation.

The court can allow the papers to be served another way, such as by email, social media or through a relative. As a last resort, it can dispense with service altogether.

The conditional order confirms the court sees no reason why you can’t divorce. The final order legally ends the marriage. They replaced the decree nisi and decree absolute in April 2022.

Usually, yes. Finalising the divorce first can affect your position, particularly on pensions and inheritance, so it’s generally safer to have a financial order in place before the final order.

You’re entitled to make financial claims, including for a share of property, savings and pensions, and for maintenance. You also have a say in arrangements for your children, and the right to stay in the family home until the court decides otherwise.

Separation means living apart while still being legally married. Divorce ends the marriage, and until it’s finalised, neither of you can remarry and your financial ties remain.

A trial separation is an informal period apart to decide whether the relationship can continue. It has no legal effect on its own, but a written agreement can set out how money and arrangements will work in the meantime.

You’re still legally married, so your financial claims against each other remain open, and you may still inherit under each other’s wills. You can apply for maintenance and, in most cases, stay in the family home.