Divorce & Civil Partnership Dissolution

Since April 2022, the only ground for divorce is that your marriage has broken down irretrievably. You do not need to prove or set out details of fault or blame.

You can apply online or by post and either on your own or jointly. A divorce solicitor can guide you on the best option for your circumstances. There is a Court Fee payable when you apply.

A no fault divorce is a legal process that allows a married couple to end their marriage without having to prove that one party was at fault for the breakdown of the relationship.

Since April 2022 in England and Wales, the law changed so that the only ground for divorce is that the marriage has irretrievably broken down. This means you no longer need to provide reasons such as adultery or unreasonable behaviour. Instead, you simply make a statement confirming the breakdown, which removes blame and aims to reduce conflict between parties.

• You must have been married for at least one year
• Your marriage must be legally recognised in the UK

At least one of you must live in or have a strong connection to England or Wales. If you are unsure whether you meet the criteria for applying for divorce, a divorce solicitor can advise you in relation to your domicile and habitual residence and ensure you apply under the correct provisions.

• Application submitted: The court sends the papers to your spouse
• Acknowledgement of Service: Your spouse confirms receipt
• 20-week reflection period: This may seem like a long time but usually, it enables parties to consider arrangements for children and finances and finalise those
• Conditional Order: Confirmation that the court sees no reason to stop the divorce
• Final Order: Six weeks later, you can apply for the Final Order (previously called the Decree Absolute). It is this document that ends your marriage and until this point, you remain legally married

It is extremely important that you take legal advice before applying for your Final Order to ensure there are no financial disadvantages for you if you have not reached a final financial agreement. Your divorce solicitor will ensure your interests are protected before this stage.

No, the divorce only deals with legally dissolving your marriage. You will need to take advice on dealing with the finances and the children. 

Divorce usually takes around 6–7 months, depending on complexity. You will not have to attend Court in relation to the divorce application, unless there are additional complexities such as overseas aspects or international considerations.

Whilst religious divorces such as the Jewish Get, Islamic Talaq or Khulla, or Christian annulments carry profound spiritual and communal significance, the religious divorce does not replace the need for a civil divorce under UK law, but is a process that must be navigated hand-in-hand alongside the civil divorce.

Without civil divorce proceedings, individuals may be left without access to the financial remedies that the Court of England and Wales can provide (lump sums, transfers of property, periodical payments and pension sharing orders, among others). Financial claims may be left open-ended, leaving either party to make financial claims via the court in the future. A divorce solicitor can help you understand both the religious and legal implications of your separation, empowering you to make informed decisions that honour your beliefs and safeguard your future.

The position may be different if you obtained a Religious divorce overseas, but we would need to carefully consider the process that you followed and the implications for your marriage in England.

We recognise that divorce within faith-based or culturally close-knit communities can be fraught with additional pressures:

• Community stigma may discourage separation or open discussion of marital issues
• Gender dynamics in religious or cultural groups may need careful management
• Family or community involvement can complicate negotiations and decision-making
• Language barriers may hinder understanding of legal rights and options
• Family contributions to properties or businesses may need unpicking

Our team has a broad and intimate knowledge of the laws and cultural sensitivities within the Muslim, Jewish, Sikh and Hindu communities. We are experienced in advising international clients and those with mixed culture families. Freeths is equipped to navigate these complexities with compassion and cultural nous. Our divorce solicitors work closely with religious authorities, community leaders, wider family networks or intermediaries and interpreters where needed to ensure our clients feel supported and understood.