The process now takes a minimum of 26 weeks. Some cases can take longer than 26 weeks – common reasons for different time scales include:-

• difficulties with the arrangements for any children of the family,
• financial requirements which mean that the divorce cannot be completed or it is inadvisable to complete until a financial settlement is reached; or
• where the Respondent to the proceedings avoids dealing with the divorce papers which means that there is a delay, and extra costs.

There is a requirement that the Applicant takes every step necessary to draw the Respondent’s attention to the fact that an application for divorce has been filed. In addition to the above, there are also inbuilt timings which have to be considered – for example, the Respondent has 7 days to respond to the application once it is received and there is a statutory period of 6 weeks and one day from the pronouncement of the Conditional Order (formerly Decree Nisi) before the Applicant is able to apply for the Final Order (formerly Decree Absolute). If the Applicant does not apply for the Final Order then the Respondent is not permitted to do so for a further three months from the date at which the Applicant could have first applied.

Rarely, you may have to go to the court office to process documents during the case, but you should not have to appear in court in front of a judge. An undefended divorce is a “paper exercise”. The court processes the divorce documents and sends out the paperwork or uploads it to the online portal. You may be required to attend court if there is a dispute about who is going to pay for the divorce or if the judge has a query about the application and requests that you attend.

This is an unusual situation and most people never go into a courtroom about their divorce although they may go to court about concerns and disagreements over the care of children or money, these are separate proceedings from the divorce itself

The Application is completed and approved by the Applicant or a solicitor instructed by the Applicant and with the original marriage certificate are uploaded to the Court portal. The court then makes the Application official by issuing it and providing a reference number.

The Court then serves the Respondent by email with a copy of the Application and an acknowledgement form. They also send notification by post. Please note that the Applicant is not permitted to personally serve the Respondent with the papers although other arrangements can be made. When received, the Respondent should consider seeking legal advice.

The Respondent should complete the acknowledgement and return the response by the online portal or by post if you do not have access online. The purpose of the form is to ensure that the court is aware that the Respondent knows about the proceedings.

The court will the notify the Applicant or send a copy of the copy of the acknowledgement form and the Applicant is then required to complete a statement confirming that they wish to proceed to Conditional Order they can only do that after week 20

Once the application is made for a Conditional Order the Judge will consider the paperwork has been filed and if he/she is satisfied that the Application and other documents are in order will give a date for the pronouncement of the Conditional Order.

A Conditional Order is made by the court on the date given and confirmation is sent by post to the Applicant and Respondent. The Applicant can then apply for the Final Order six weeks and one day after the date of the Conditional Order. This is again a paper application and the Applicant does not need to attend court. The judge will make the Final Order and again the documents will be sent out by post to the Applicant and Respondent.

The can apply to the court for an order that the Respondent to the divorce pays the costs. This includes the court fees and the cost of preparation of the application and the subsequent work that must be done if a solicitor is instructed.

However, sometimes the parties agree to share the costs and often the court fees are shared on a 50/50 basis and there is an agreement that the Respondent will contribute towards the Applicant’s costs of preparation. It is also possible to make an application to the Court that the Respondent meet the Court costs but these are rare and it is sensible to seek advice as this can add costs to the process which may be irrecoverable.

WBW offers a variety of fixed-fee packages which are intended to meet the needs of our clients; these are based upon the type of case, its complexity and how much assistance a client may need or want.

This will depend upon a number of factors such as whether your husband or wife intends to contest the divorce, whether there are any complicating factors to your separation such as disputes over children or money, how easy you find it to fill in forms and deal with official documents yourself.

A free initial consultation with one of our experienced family solicitors will help you decide which is the best option for you. During this time, we will explain details of likely costs, whether your concern is in relation to a divorce, children, finances, or a combination of all three. During that meeting, we will give you information about the process but there is unlikely to be enough time to give detailed advice. If you think you will need or it would help to have more detailed advice rather than just information, we can offer what we call a diagnostic meeting for a set fee which will also enable you to make such decisions with confidence

No, but if you wish to change your name you may need to prepare a Change of Name Deed as some organisations such as Banks may wish to see a document.

Legal aid is still available in many cases where social services become involved with your children, either if they wish to place your children on the at-risk register, or they want to make an application to the court for a care or supervision order. WBW can offer you legal aid if social services do become involved.

Legal Aid is available to victims of domestic abuse in certain circumstances. There are certain criteria to be met for anyone to be eligible which includes producing evidence that within the last 5 years you have suffered from domestic abuse, this evidence could include police proceedings, medical evidence or an injunction made to protect you. You would also need to be financially eligible. WBW can offer legal aid providing eligibility criteria can be met.