The timescale from the divorce petition until the pronouncement of the Decree Absolute is likely to be at least 6 months.

Stage 1 – The Divorce Petition

A divorce petition can be lodged with the court at any time, provided you have been married for one year and either you or your spouse live or have lived in England and Wales during the last year.

An application is made to the Court with a declaration that the marriage has broken down irretrievably. This is done online via a Court portal and requires a payment of a Court fee of £593. Our legal fees can be found here. You can apply by yourself (sole applicant) or make a joint application with your ex-spouse (joint applicants). 

If you apply as a sole applicant, a copy of your application will be sent to your spouse. They will then have 14 days to respond and will need to complete an Acknowledgment of Service. If the petition cannot be served on your spouse, a solicitor can assist with effecting service in a different way.

If you apply as joint applicants, one of you will be called the first applicant, and the other the second applicant. The first applicant is the party who will pay the Court fee and complete most of the application form. Both parties will need to file an Acknowledgment of Service.

If during the process you do not agree or feel frustrated by the other party, you can switch to a sole application but you will not be permitted to switch back to joint application again.

Stage 2 – Responding to a Divorce Application

Where your spouse filed for divorce against you, you will receive the divorce application within 28 days of it being issued by the Court. Extension of time to serve the petition is possible. You must file the Acknowledgement of Service within the 14-day deadline and if not sure, a solicitor can assist. It is advisable where there are complex issues to resolve them prior to commencing divorce proceedings. 

Disputing an application for divorce is now very hard unless it is about the validity of the marriage or a dispute over jurisdiction.

Stage 3 – Cooling Off

After the Court has issued the application, 20 weeks has to pass before an application for a Conditional Order (Decree Nisi) can be made – this period cannot be reduced. A Conditional Order means that the Court has admitted your entitlement to a divorce. This does not mean the divorce is final. A final Order still has to be made.

Stage 4 – Conditional Order (Decree Nisi)

After the 20-week period has passed, your application for a Conditional Order will be considered by the Court and they will then provide a date for the Conditional Order to be made. This is normally issued electronically meaning there is no need to attend Court in person.

Stage 5 – Final Order (Decree Absolute)

After 6 weeks and one day from the date the Court makes the Conditional Order, you can apply to the Court for a Final Order. The Final Order legally ends your marriage and this has to be made within 12 months from the Conditional Order being made. If made after 12 months, the applicant has to explain the reason for this to the Court.

If you are the respondent, you can apply after a further 3 months if the applicant has not done so.