Divorce FAQs

The “new year, new me” mindset can lead to monumental decisions to include ending a marriage or civil partnership by divorce. Alternatively, for those who are already separated the New Year is usually the time to start proceedings and embarking on a new chapter in their lives.

The No-fault procedure became law on 6th April 2022. However, some people are still under the impression that you need to prove fault or be formally separated for a period of time to obtain a divorce or civil partnership dissolution. The Divorce, Dissolution and Separation Act 2020 reformed the requirements by:

• removing the need to make allegations or prove the other party was at fault thereby reducing conflict and hostility;
• couples can now choose to end their marriage or civil partnership jointly.

Trainee solicitor Sashina Thapa answers some frequently asked questions about divorce and dissolution.

Do I need grounds / reasons to apply for a divorce or dissolution?

Since the introduction of No-fault divorce procedure, you no longer need to cite one of five grounds to obtain a divorce. There is now only one ground for a divorce or dissolution which is to confirm the ‘marriage or civil partnership has broken down irretrievably’. You also do not have to provide evidence that the marriage or civil partnership has completely broken down. All the court requires is for you to tick the box as ‘Yes’ in the application.

Can my spouse contest the divorce application?

Since the introduction of No-fault divorce procedure, your spouse can no longer contest an application for divorce or dissolution. The only caveat, is if your spouse is contesting on legal circumstances and for example:

• Jurisdiction – your spouse does not consider that the courts in England and Wales have authority to deal with your divorce or dissolution.
• Validity of marriage or civil partnership – If the marriage or civil partnership did not comply with the laws of the country in which you married. For example, you did not sign the marriage certificate or you were below the age of consent at the time of the ceremony.
• The marriage or civil partnership has already been legally ended. For example, if you already divorced in another jurisdiction.

Can I apply for a divorce or dissolution if I married in a different country?

It is not unusual for couples to have an international aspect of their relationship. In most cases, you do not have to divorce in the country where you married to start divorce or dissolution proceedings in England and Wales.

The requirements that must be met are:

• Valid marriage certificate which is translated in English (if needed) and certified.
• The marriage/civil partnership must be recognised as valid under UK Law and whether you and your spouse have complied with the legal requirements of that country. For example, the age of consent.

Can I apply for a divorce or dissolution if my spouse lives in a foreign country?

Yes, if your spouse lives in a foreign country England and Wales can still deal with the divorce proceedings. Article 3 Brussels II states the English Court has jurisdiction to deal with a divorce on the basis that one of the following applies:

• Both you and your spouse are habitually resident in England and Wales;
• Both you and your spouse were last habitually resident in England and Wales, and one of you still resides here;
• Your spouse is habitually resident in England and Wales;
• You are habitually resident in England and Wales and have resided here for a year;
• You are habitually resident in England and Wales and have resided here for 6 months and you are also domiciled in England and Wales;
• Both you and your spouse are domiciled in England and Wales.

How long will it take for my divorce/civil partnership to be finalised?

It normally takes at least 7 months to get a divorce. This is the same for joint and sole applications.

Will I have to attend Court in person?

Unless the proceedings are contested on one of the grounds mentioned, you will not have to attend court. This is because court service has updated their systems so the proceedings are conducted entirely online.

For more information on obtaining a divorce, please contact Linda Pope.

The contents of this article are for the purposes of general awareness only. They do not purport to constitute legal or professional advice. The law may have changed since this article was published. Readers should not act on the basis of the information included and should take appropriate professional advice upon their own particular circumstances.