The court fee for an application for divorce in England & Wales is £593. The parties can agree to share this but there is no legal requirement for the other party to agree to this.
The professional family law team at Ramsdens Solicitors has written the following guide to help individuals understand and carry out their divorce, and arrange any costs. Read more to learn about the divorce process and what you can expect to encounter.
What is the process of applying for a divorce?
Before you can apply for a divorce, you must first ensure you are eligible to undergo the process. Divorces are available to residents of England and Wales who are in marriages which recognised by the law, provided that the parties have been married for over a year and they can prove that the relationship has permanently broken down. To best understand your eligibility and to get your application started, you should enlist the help of a divorce solicitor. This will help you to avoid any mistakes that could have costly or time-consuming consequences.
To apply for a divorce, you can do so by yourself or through a joint divorce with your partner. The process for each is slightly different:
Joint divorce applications
You can make a joint divorce application online or by post. Both you and your partner will be required to confirm that you consent to the divorce and will both have to confirm every step of the process. If one party stops responding, you can continue your application on your own.
The main benefit of making a joint divorce application is that it splits the divorce cost between both partners.
Sole divorce applications
You can apply for a divorce on your own if your partner does not agree to the divorce, or if you believe communication with your partner about the divorce will be difficult.
When applying for a divorce by yourself, only you need to provide confirmation at each stage.
When applying for your divorce, you will be required to provide the following:
- Your name and address
- Your partner's name and address
- Your original marriage certificate or a certified copy
If you have changed your name since you entered the marriage, you will need to provide proof of the change.
Following this, you will be required to pay the non-refundable £593 fee.
What happens after a divorce application?
Once you have sent your divorce application, it will be reviewed by the HM Courts and Tribunals Service (HMCTS) to make sure that all the provided details are correct. If there are any errors on the application, you will be required to start the process from the beginning.
If HMCTS accepts your application, you will be sent a notice that it has been issued, as well as a stamped copy of your application including a receipt and case number. You will then be required to wait a period of 20 weeks before you can continue the divorce process by applying for a conditional order. This is the next step of the divorce process and requires you to confirm, again, that you wish to proceed with the divorce. You can fill out your conditional order form online or on paper to be sent by post.
Your conditional order application will be reviewed by the judge of the family court - this process usually takes several weeks. Once the judge has accepted your divorce, you will be granted a certificate of entitlement to a divorce, giving you a date upon which your conditional order will be granted. This will lead you to the final step - applying to finalise the divorce and end the marriage. However, you will be required by law to wait 43 days from the date of the conditional order before you are able to do so. Once you have a conditional order, the court can approve a financial consent order, detailing how you will resolve the financial issues arising out of your divorce.
How can a professional solicitor help me with a divorce?
Provided that everything goes smoothly, the above process will take at least 6 months before you are able to finalise your divorce. If issues arise during the process, it can take even longer.
The financial settlement can sometimes be one of the most highly contested and complex aspects of a divorce as it dictates who gets what. This can involve housing, business shares and assets, and - of course - money. But, you should ensure that you resolve these issues before finalising your divorce.
The experienced family and divorce law solicitors at Ramsdens can help you to navigate your divorce in order to minimise the chances of errors arising that may cost you more in court fees or other legal fees. To speak to our team today, call us on 01484 821 500. Alternatively, fill out an online contact form and we will call you back at a time suitable for you.