Under the Divorce, Dissolution and Separation Act 2020 (DDSA 2020) either or both of the parties to a marriage may apply for a divorce order on the basis that the marriage has irretrievably broken down.
1. Digital online application processes
- Many divorcing couples choose to obtain their divorces personally, without using a lawyer, as litigants in person – see https://www.gov.uk/divorce.
- The court fee currently is £612.
2. Apply for a conditional order– sole application
- It is possible to apply for a conditional order from 20 weeks after the applicant has submitted the divorce application when:
- the applicant has received an acknowledgment of service or certificate of service; or
- any bailiff or alternative service application or deemed or dispensed with service application has been successful.
- NB In some divorces there are difficulties “serving” (sending) divorce documentation on the respondent due to their lack of co-operation or, in some cases, difficulties in locating them. Service using a bailiff (court official) or other methods of service may be used instead.
- Once the 20 weeks have passed, the applicant will be sent a notification to apply for a conditional order. The link to the case will be within the email.
3. Apply for a conditional order – joint application
- It is also possible to apply for a conditional order, for joint applicants, provided that the applicants have both acknowledged receipt of the notice of proceedings to the court within 14 days.
- Note that the guidance provides that both parties need to apply in a joint application for a conditional order.
- It is possible for either party to start the application, and then invite the other applicant to complete it. If the other party has not completed their side of the application after 14 days, the first applicant can choose to switch to a sole application.
4. Applying for a final order – sole or joint application
- The applicant(s) can apply for a final order from six weeks and one day after the conditional order has been granted. The applicant(s) have 12 months from the date the conditional order was granted to apply for the final order – this is called an “in time application”.
- For a sole application, if the applicant has not applied “in time”, the respondent can apply after a further three months has passed.
- If a conditional order has been made based on a single application, the respondent can apply to court for consideration of their financial position after divorce. If they do so then the court must not make the divorce order final unless it is satisfied either that the applicant should not be required to make any financial provision for the respondent, or that the financial provision made by the applicant for the respondent is reasonable and fair.
- Both parties must apply in a joint application. After one party has applied, the other party has 14 days to complete their application. If one party has applied but after 14 days the other party has not, the first party will be asked if they want to switch to a sole application.
