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Divorce & Dissolution of Civil Partnerships

Family Law

Our Family Law team are available at our offices in Ashford, Canterbury and Herne Bay to offer you advice tailored to your own specific circumstances.

It will probably not be necessary to attend a court hearing for the divorce or dissolution of a civil partnership. Usually the process is carried out using the court’s online service or on paper by post. Mediation, collaborative law and arbitration are alternative options to court proceedings.

The divorce and civil partnership dissolution process is separate from dealing with financial settlement or arrangements for children – it simply ends your marriage or civil partnership. It may be necessary to attend court for financial matters or in relation to arrangements for children, if these cannot be agreed.

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Grounds for divorce

The only ground for divorce is that the marriage has irretrievably broken down. However, the marriage must have been in existence for one year. Since 6 April 2022 with the introduction of “no-fault divorce” there is no longer any requirement to rely on allegations of adultery or unreasonable behaviour and you do not have to wait until you have been separated for at least two years.

The divorce process

Divorce proceedings can be commenced by one spouse submitting their sole divorce application to the court or you may submit a joint application as a couple. You will need to have your marriage certificate and pay the court fee (unless you are exempt from paying this fee).

The divorce application contains basic information including your names, addresses etc. and a statement confirming that that the marriage has irretrievably broken down.

If only one party has made the divorce application then the court will send the divorce application to the other spouse, who should then respond with an acknowledgement that they have received the application. On a joint application both spouses have to confirm to the court that they have received the divorce application.

There is then a 20 week reflection period. This is often a time when the parties try to agree arrangements for any children or financial matters, if they have not already done so.

After that 20 weeks, either the sole applicant or the joint applicants may apply for a Conditional Order.

There then has to be a further six weeks from the date the Conditional Order is granted before applying for the Final Order which will end the marriage.

Defended divorces are extremely rare and only possible on very limited grounds. If you receive a divorce application and wish to challenge the divorce you should seek immediate legal advice.

Grounds for dissolution of a civil partnership

A civil partnership is a legally-registered relationship between two people. The procedure for dissolution of a civil partnership is similar to that of a divorce and the same financial remedies are available as those available to a spouse who seeks a divorce.

Since 31 December 2019, civil partnerships which were previously only available to couples of the same sex, have been available to opposite sex couples.

To end a civil partnership you have to show the relationship has irretrievably broken down and again since 6 April 2022, following, the introduction of no-fault divorce, there is no longer any requirement to rely on allegations of behaviour or wait until you have been separated for at least two years.

Civil Partnership dissolution process

You can apply to end (dissolve) your civil partnership if you have been in the partnership for at least a year.

Dissolution proceedings are started by lodging a dissolution application with the court, either by one or both civil partners. The process mirrors that of divorce as referred to above.

The above information is for initial guidance only.

The above information is for initial guidance only.

For further advice, please contact a member of our Family Law team based in Canterbury, Ashford and Herne Bay.

Our Experts

Gemma Purt

Head of Department
Family Law

Anisha Teelwah

Senior Associate Solicitor
Family Law

Joanna Lawrence

Senior Associate Solicitor
Family Law

Curtis Wray

Associate Solicitor
Family Law

Megan Mahesan

Associate Solicitor
Family Law

Katherine Cusack

Paralegal
Family Law

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FREQUENTLY ASKED QUESTIONS

Is there a fee for filing a divorce petition?

Yes, please see the current court issue fee here.

It is possible that you may be entitled to a reduction in the court issue fee, or even a full remission. Guidance can be found on the Government’s website in relation to fee remissions/reductions.

What happens once I have filed a divorce petition?

Once received, the Court will review the divorce petition, now known as a divorce application, to ensure that it has been completed correctly. If it is in order, the Court will send a copy of the divorce application to your spouse together with a document known as an Acknowledgement of Service for them to complete and return. You will not be able to progress your divorce proceedings until the Court has received the completed Acknowledgement of Service or it has been confirmed that your spouse is aware of the proceedings. If you need any assistance progressing your divorce proceedings, do not hesitate to contact our Family Law team.

My spouse hasn’t returned the Acknowledgement of Service form?

If your spouse fails to return the Acknowledgement of Service to the Court, do not worry, there are other ways in which you can prove to the Court that your spouse has received the divorce application.

For example, it is common practice to instruct a Process Server to personally serve the divorce papers upon your spouse and provide you with evidence of service which you can send to the Court.

Other alternatives are seeking to dispense with the need for service of the proceedings or providing evidence to the Court that your spouse is aware of the proceedings.

If you are facing difficulty with proving to the Court that your spouse is aware of the proceedings, or has been served with the Court papers, contact our Family Law team who will be happy to assist you.

How long will the divorce process take?

Divorce proceedings may take around 6-8 months, but sometimes proceedings can be delayed.

Factors such as the Court’s case workload, determining the financial aspects of your divorce or any difficulty proving that your spouse has been provided with the divorce papers can impact this timeline.

There may also be reasons why you should not finalise your divorce proceedings, often for financial reasons including pension provision. For further advice contact our Family Law team.

What if there are financial issues to be resolved in the divorce?

If there are financial issues that need to be resolved, you should seek legal advice from the outset. Each party has a duty of full and frank financial disclosure and there are a variety of ways to resolve financial matters, such as

What is the difference between a Decree Nisi and a Decree Absolute?

The Decree Nisi was the first order made by the Court within divorce proceedings which confirmed that the petitioner was entitled to a divorce. It did not end the marriage.

The Decree Absolute was the second and final order made within divorce proceedings. It was the Decree Absolute that ended the marriage. Since 6 April 2022, the term Decree Nisi has been replaced with the term “Conditional Order” and Decree Absolute with the term “Final Order”.

There are financial implications to applying to finalise a divorce or civil partnership and you may wish to obtain legal advice as to whether such an application should be made if you have not yet reached a financial agreement with your spouse. Please contact our family law team if you require any further information.

The applicant could apply for the Decree Nisi to be made Absolute six weeks and one day after the date upon which the Decree Nisi was pronounced. This six week period remains with the new procedure.

Under the old law the respondent (the spouse who did not issue divorce proceedings) could also apply for the Decree Nisi to be made Absolute but was unable to do so until a further three months had passed after that initial six week period.

Now under the new divorce law, an application for a Final Order can also be submitted to the court six weeks after a Conditional Order has been made, either by a joint application or by the sole applicant giving notice to their spouse that they intend to do so. If an application for a divorce was originally made by a sole applicant and then they fail to apply to finalise the divorce, the other spouse may make the application but has to wait a further three months.

How do I commence court proceedings in respect of finances?

Court proceedings in respect of matrimonial finances are known as financial remedy proceedings. You can issue these proceedings by completing and sending a document known as a Form A to the Court.

You will not be able to issue financial remedy proceedings if you are not a party to divorce proceedings.

Also, it is usually a requirement that any individual seeking to issue financial remedy proceedings attend an initial meeting with a mediator, known as a Mediation Information and Assessment Meeting (a “MIAM”) prior to attempting to issue legal proceedings, however, in some cases an exemption can be applied for.

Do contact us directly if you wish to discuss mediation or initiating financial remedy proceedings.

Can my divorced spouse make a financial claim against me?

Yes. If you do not resolve financial matters then even after a divorce has ended with the pronouncement of Decree Absolute or Final Order, a divorced spouse may still be able to make a financial claim against their ex-spouse.

To prevent any future financial claims being made, you should seek advice to ensure there is a court order in place to dismiss those potential future claims. For further advice contact our Family Law team.

Can financial issues be considered following civil partnership breakdown?

Yes. If there are financial issues that need to be resolved, you should seek legal advice from the outset. Each party has a duty of full and frank financial disclosure and there are a variety of ways to resolve financial matters, such as:

Can my civil partner make a financial claim against me once our partnership has been dissolved?

Yes. If you do not resolve financial matters then even after a civil partnership has ended, financial claims can potentially still be made.

To prevent any future financial claims being made, you should seek advice to ensure there is a court order in place to dismiss those potential future claims. For further advice contact our Family Law team.

Do civil partners have the same financial claims as married couples when they separate?

Yes, as well as having the same rights as a married couple with regard to tax and inheritance during the civil partnership, civil partners also have the ability to make financial claims in the same way as divorcing couples.