COVID-19: Our offices are open by appointment only and face coverings must be worn. Please contact our team to arrange your appointment. Click here for more information

What is the divorce process?

The legal process of divorce ends your contract of marriage. The divorce process does not resolve all issues relating to property, money and children upon separation – whilst connected, these issues involve separate legal procedures.

If you want to divorce, it is unlikely you will need to attend Court. If you have disagreements involving your finances or children and separate legal proceedings have started, then you may have to attend Court hearings to resolve these issues.

There are three key stages in the divorce process:

  1. Application for divorce: This is called the ‘Petition for Divorce’ and is an application form which must be completed giving factual information and reasons why the marriage has broken down irretrievably. The application is sent to the Court together with your marriage certificate and the Court fee of £410. The Court sends a copy of your application to your husband or wife together with a form for them to complete. If you have a low income you may be exempt from paying the Court fee if a ‘fees exempt form’ is completed along with evidence of income and outgoings.
  2. Application for a Decree Nisi certificate: Once your husband or wife has responded to the Court’s request to complete a form , you can apply for Decree Nisi by completing the relevant forms and sending these to the Court. Decree Nisi is a provisional certificate issued by the Court specifying that a divorce can take place.
  3. Decree Absolute: Six weeks and a day after Decree Nisi, an application can be sent to the Court requesting the final divorce certificate, Decree Absolute. Once this certificate is issued, you are officially divorced and free to remarry. In some cases it is sensible to delay applying for Decree Absolute – you should obtain legal advice about when to apply for Decree Absolute.
Contact us now

Get in
Touch

If you would like to speak to a member of our Family Law team please contact us on 0113 201 4902 or complete the following form:

All fields marked with * are mandatory.

  • The Legal 500 2020-21

    2020

    Leading Firm

  • The Legal 500 2020-21

    2020

    Recommended Lawyer

  • Yorkshire Legal Awards

    2019

    Finalist

    Private Client Award

  • Yorkshire Legal Awards

    2018

    Winner

    Residential Property

  • Modern Law Conveyancing Awards

    2018

    Shortlisted

  • The ESTAS Conveyancer Awards

    2018

    Shortlisted

  • The Yorkshire Legal Awards

    2017

    Shortlisted

  • Law Society Excellence Awards

    2015

    Shortlisted

    Client Service; Business Development

View all awards