The divorce process generally takes at least 7 months, regardless of whether it's a joint or sole application.

A joint application can be filed if both spouses agree on the divorce and there is no risk of domestic abuse. Both parties need to agree on the method of application (online or by post) and confirm their intent to proceed at various stages.

If your spouse becomes unresponsive, you can continue the divorce process as a sole applicant.

Both spouses must be eligible for fee assistance to qualify in a joint application.

Choose a sole application if your spouse disagrees with the divorce or is unlikely to cooperate in the process.

You should discuss and decide on childcare arrangements, child maintenance payments, and the division of money and property. Agreeing on these matters can often prevent the need for court hearings.

To apply, you need both parties' full names and addresses, the original marriage certificate or a certified copy, and proof of name change if applicable. You also need to provide your spouse's current address or email for notification purposes.

The fee is £593, payable depending on your application method. Note that this fee is non-refundable once the divorce application has been issued.

Once you apply jointly, your application is reviewed. If correct, both parties receive a notice of application issuance, a stamped copy of the application, an 'acknowledge receipt', and a case number. After a mandatory 20-week waiting period, you can proceed by applying for a conditional order.

For sole applications, your application is also reviewed. Upon acceptance, you'll receive similar documents as in a joint application. The court then sends the divorce application and an 'acknowledgement of service' to your spouse, who has 14 days to respond.

If your spouse agrees, you can apply for a conditional order (or a decree nisi for applications issued before 6 April 2022) after a 20-week waiting period from the issuance of your divorce application.

Your spouse needs to provide a genuine legal reason for disputing the divorce through an ‘answer form’. If they don't have a valid reason or fail to submit the form, you can proceed with the divorce by applying for a conditional order.

If you are sure your partner has received the papers and is refusing to cooperate, you can ask the court to proceed.

Court attendance is not usually required unless your spouse disputes the divorce or fails to respond, and the case needs further clarification.

Both documents indicate the court’s preliminary approval of the divorce, stating no apparent reason why the divorce cannot proceed. They are essential steps towards finalizing the divorce. This document will be called a Conditional Order if your divorce proceedings started on or after 6 April 2022and will be called a Decree Nisi if proceedings began before 6 April 2022. 

If your divorce application was issued before 6 April 2022 and you applied online, you can also apply for a decree nisi online. For postal applications, complete the decree nisi application form and a statement form that matches your divorce reason. Include a copy of your spouse's response to the divorce application.

Yes, solicitors, including our team at Fard & Co Solicitors, can apply online or manage cases using a MyHMCTS account.

For divorce applications issued on or after 6 April 2022, wait 20 weeks after the court issues your divorce application. Then, apply for a conditional order online if you filed for divorce online, or use the postal application form.

Yes, you can apply for a conditional order and continue as a sole applicant even if the divorce process began jointly.

The court will review your application, which may take several weeks. If approved, you and your spouse will receive a certificate stating the date and time the conditional order or decree nisi will be granted. However, you remain married until the final divorce is granted.

You must wait a minimum of 43 days (6 weeks and 1 day) after the conditional order or decree nisi is granted before applying to finalize the divorce.

To legally end your marriage, you must apply for a final order or a decree absolute (if your divorce application was issued before 6 April 2022). This should be done at least 43 days (6 weeks and 1 day) after receiving a conditional order or decree nisi.

Yes, even if you started the divorce process jointly, you can apply for a final order or decree absolute as a sole applicant.

You should apply within 12 months of receiving the conditional order or decree nisi. If you delay beyond this, you'll need to explain the reasons to the court.

The application process depends on the date your divorce application was issued. For online divorce applications, you can apply online for a final order or decree absolute. For postal applications, you must fill out the respective application forms.

Yes, it’s recommended to have a legally binding arrangement for dividing money and property settled before applying for a final order or decree absolute.

The court will verify that all time limits have been met and there are no other reasons to withhold the divorce. Once approved, both parties will receive copies of the final order or decree absolute.

If you lose your final order or decree absolute, you can apply to the court for a copy. It's important to keep this document safe as it’s needed for remarriage or to prove marital status.

If you don't apply to finalize the divorce, your spouse can apply after an additional waiting period of 3 months beyond the standard 43 days

Yes, you can apply for a divorce even if your spouse lacks the mental capacity to agree or participate in the divorce proceedings. This situation requires special considerations to ensure fair representation.

A litigation friend is a person appointed to represent and make decisions for an individual who lacks mental capacity during legal proceedings. This could be a family member, a close friend, or another representative.

If there's no suitable individual willing to act as a litigation friend, you can apply to the court to appoint someone. The court will then select a suitable representative for your spouse.

The Official Solicitor may act as a ‘litigation friend of last resort’ in cases where no other suitable individual is available to represent your spouse during the divorce process.

To apply for a court-appointed litigation friend, you need to file an application with the court, explaining why your spouse requires a litigation friend and why there’s no suitable person available.

The litigation friend is responsible for making decisions on behalf of your spouse with mental incapacity, ensuring their rights and interests are protected throughout the divorce process.

Divorce proceedings involving a spouse with mental incapacity have additional steps to ensure fair representation and protection of the incapacitated individual's interests.

Yes, you can proceed with a divorce or dissolution even if your partner's whereabouts are unknown or if they are presumed dead.

Try to locate your partner by contacting their relatives, friends, last known employer, or their trade union/professional organization. Use their current or last known address in your divorce petition or dissolution application. The court fee for this process is £593.

If the petition or application is returned, you need to find an alternative way to deliver it, such as by email. Alternatively, you can request a government department search for their address, with each method incurring a £53 court fee.

If your partner remains untraceable, complete a statement to dispense with the service of the petition or application and submit it to your regional divorce centre, along with a £53 court fee.

If you believe your partner is deceased and have sufficient evidence, you can file a petition for the presumption of death. This process requires a £365 court fee and may necessitate legal advice to determine the necessary evidence.

A presumption of death petition allows you to remarry or enter a new civil partnership, but it cannot be used to obtain a death certificate, financial orders, or apply for probate.

To obtain a copy, the process varies based on your knowledge of the case number and the court. If you have both, it costs £11.

Email or write to the court with your name and address, the case number, and your preferred payment method. You can expect to receive the copy within a week after payment.

Payment can be made by cheque or postal order, payable to ‘HM Courts & Tribunals Service,’ or by credit or debit card. If paying by card, include your phone number for the court to call and process the payment.

If you know the court but not the case number, request a record search for £45, covering a 10-year period. Provide the court with a possible date range for the case.

If you're unsure of the court, submit form D440 to the Central Family Court, requesting a search for each 10-year period, costing £65. Payment methods are the same as above.

The time frame may vary depending on the court's record search. Generally, it takes longer than when you have the case number and court details.

Yes, our team at Fard Solicitors can assist in navigating the process of obtaining a copy of your decree absolute or final order. We offer guidance on the appropriate forms, payment methods, and liaising with courts.

Our team at Fard Solicitors provides comprehensive legal support throughout your divorce process. We help you understand each step, prepare necessary documents, and offer guidance in case of disputes or unresponsiveness from your spouse.