The divorce/dissolution timetable
Day 1: File divorce/dissolution application online.
28 days: From the date of issue of the application, the court will serve the Respondent or both parties (if this is a joint application) by email. If the Applicant wants to deal with service, it is anticipated that service should be undertaken within 28 days from the date of issue of the application, but the rules do not specify the time for service.
14 days: From the date of service of the application the acknowledgement of service is to be filed at court, or
35 days: From date of service this is the time to file an answer if there is a dispute.
20 weeks:
(a) From the date of issue of the application, (provided the acknowledgement of service was served within 18 weeks from the date of issue), the Applicant can apply for the conditional order. This really is the interim divorce order.
(b) If the acknowledgement of service was served later than 18 weeks from the date of issue of the application, the time to apply is no earlier than 14 days after the acknowledgement of service should have been filed.
6 weeks: After the date of the conditional order both parties or one party can apply for the divorce order. If the application is made by one party that party must give 14 days’ notice of their intention to apply. This will bring the marriage to an end.
Urgent applications
Urgent applications can only be issued when the issue of divorce application is time critical. This includes when time is critical for jurisdiction or when a freezing injunction is needed.
What if the divorce has already been issued before 6 April?
Your case will continue under the law pre-6 April and not under the new system. This means the Applicant will still have to apply for the Decree Nisi and Decree Absolute to bring their marriage to an end. You will need to ensure you are using the correct forms as the old and new forms will remain available online.
Can I access my old Decree Nisi or Decree Absolute?
Yes, these orders will be saved and remain available via the court service.
What about judicial separation?
This process allows couples to live apart without divorcing or ending their civil partnership. Applications for judicial separation must continue to use the paper application process. Under the new law however, judicial separation applications can be made jointly as well as solely.
What about nullity?
A decree of nullity states that the marriage is not valid. Unlike a divorce you do not need to wait one year to start this procedure.
Consideration will need to be given in relation to the circumstances of the case where a marriage is void or voidable.
Nullity applications must continue under the paper-based system. Joint applications are not permissible.
How much will a divorce now cost?
The court fee to start the divorce/dissolution application is presently £593. Certain exemptions may apply.
Solicitors’ costs for the divorce/dissolution only are usually £500-750 plus VAT at 20% (where applicable) where the procedure is straightforward and not disputed. This also depends on who is starting the divorce.
Who pays the costs?
In the past the Respondent was at risk of paying the costs of the divorce process. Under the new rules claiming costs does not seem to have been addressed and it is anticipated that this will be difficult to pursue. However, it may be possible to agree who is to pay the costs and in what amount or in the event of a dispute to make an application on Form D11.