Either one of a couple can commence divorce proceedings if they consider that their marriage has irretrievably broken down. It is also possible to make a joint application for divorce.
A change to divorce law was introduced in April 2022 and there is no longer any requirement to give reasons as to why the marriage has broken down. This is frequently referred to as ‘no fault’ divorce.
The standard procedure can be summarised as follows:-
• An application for divorce can be submitted online or by post.
• The respondent will have the opportunity to respond.
• After 20 weeks the applicant applies for a conditional order for divorce.
• After a further 6 weeks the applicant can apply for a final order for divorce.
Whilst the process is often straightforward, certain situations may need specialist advice, for example:-
• If your marriage took place outside the UK
• If you do not know where your spouse is residing
• If your spouse does not acknowledge service of the application
• If either party is currently residing outside the UK
KBL has expertise in advising and representing both applicants and respondents throughout the divorce process to ensure the process is as smooth and stress free as possible.
Issuing a Petition of Divorce unlocks a number of further issues which can involve children and finances. If you are not fully aware of the situation you can make a mistake without appreciating it which can be impossible to rectify in the future. Our advice is to see a solicitor.