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The first steps towards splitting up can be the hardest to take, particularly if the decision to separate wasn’t yours.
The percentage of marriages that end in divorce is in decline according to Office for National Statistics data, although those in their sixties and beyond are bucking this trend. The number of over 60s legally separating has doubled since 1993, with couples often deciding to go their separate ways later in life once their children have left home.
One thing that separating couples may worry about or feel is unfair, is the fact that the reasons for divorce don’t necessarily affect the financial outcome. However, it’s useful to have an understanding of when and why you can get divorced, and what the divorce process involves to simplify the early stages.
Here, we explain the first steps in the divorce process and where you can seek further help.
Starting again later in life: 10 essential steps to help you plan for divorce
If you’re feeling uncertain and overwhelmed about what comes next, a pre-divorce checklist can help you stay organised and in control, helping you approach the future with greater confidence.
In this free 10-point guide, England & Derbyshire Solicitors share 10 essential steps to help you plan for divorce thoughtfully, covering the emotional, legal and financial considerations that matter most.
Why are you divorcing?
It used to be the case that you had to provide the grounds on which you’re filing for divorce before you could start the process. In England and Wales, you could give five possible reasons for divorce:
- Adultery
- Unreasonable behaviour
- Two years separation with consent
- Two years desertion
- Five years separation without consent
However, divorce laws were relaxed on 6 April 2022 to allow for ‘no-fault’ divorces, without the need for either party to prove unreasonable behaviour. The changes were designed to modernise the divorce process for couples in England and Wales, with a divorce allowed after waiting just six months with a sole or joint statement by one or both parties. You now don’t need to submit any further evidence as to why the marriage has broken down.
Read more in our article Divorce laws: the basics.
Starting again later in life: 10 essential steps to help you plan for divorce
If you’re feeling uncertain and overwhelmed about what comes next, a pre-divorce checklist can help you stay organised and in control, helping you approach the future with greater confidence.
In this free 10-point guide, England & Derbyshire Solicitors share 10 essential steps to help you plan for divorce thoughtfully, covering the emotional, legal and financial considerations that matter most.
How long will the divorce process take?
The length of time the divorce process takes will depend on your personal circumstances, and whether you seek legal advice and have to go through the courts. If it’s a particularly acrimonious split involving custody and financial disputes, chances are it’ll take longer and the process will cost more money.
However, if it’s a relatively straightforward case, getting a divorce fully finalised can typically take anything from around six months to about a year.
Starting again later in life: 10 essential steps to help you plan for divorce
If you’re feeling uncertain and overwhelmed about what comes next, a pre-divorce checklist can help you stay organised and in control, helping you approach the future with greater confidence.
In this free 10-point guide, England & Derbyshire Solicitors share 10 essential steps to help you plan for divorce thoughtfully, covering the emotional, legal and financial considerations that matter most.
Divorce outside England and Wales
If you’re getting divorced, it’s important to get the right advice before decisions are made and divorce proceedings begin.
Bear in mind that if either of you are from a country outside of England and Wales (both Scotland and Northern Ireland are different countries for the purpose of divorce) or one or both of you lives in another country (even temporarily), you may have a choice about where divorce proceedings start.
This is important because the financial consequences may be very different in other countries. If this applies to you, you may want to seek advice from a lawyer who deals with international cases.
Starting again later in life: 10 essential steps to help you plan for divorce
If you’re feeling uncertain and overwhelmed about what comes next, a pre-divorce checklist can help you stay organised and in control, helping you approach the future with greater confidence.
In this free 10-point guide, England & Derbyshire Solicitors share 10 essential steps to help you plan for divorce thoughtfully, covering the emotional, legal and financial considerations that matter most.
Divorcing amicably
More divorcing couples than ever are seeking ways to go through the separation process amicably, without the need for lawyers.
Sometimes divorce lawyers can fan the flames of animosity, which invariably only results in higher divorce costs and more emotional pain all around.
Of course, you don’t have to use a lawyer to divorce (although if there are financial issues to be resolved or you have concerns about your children you should take advice). You will find all of the information and forms that you need on the Gov.uk website.
How much does getting a divorce cost?
There’s a £612 fee for making a divorce application. However, you may be able to get help paying the fee if you cannot afford it, and you can find out more about available help with divorce costs here.
If you believe your partner should be paying the fee, but you are petitioning for divorce, you can tick a box on the form to ask the court to consider making them pay for this. If they agree during the process, your partner must repay you once the divorce is finalised.
Of course, the actual cost of divorce can run into thousands of pounds, as you’re likely to need advice on separating your assets and, if you have them, working out how best to arrange custody of and financial support for your children. According to Money Helper, the average cost of a divorce in the UK stands at a total of £14,561 in legal fees and costs, but the actual amount you’ll end up paying will depend on your individual circumstances and how complicated they are.
Starting again later in life: 10 essential steps to help you plan for divorce
If you’re feeling uncertain and overwhelmed about what comes next, a pre-divorce checklist can help you stay organised and in control, helping you approach the future with greater confidence.
In this free 10-point guide, England & Derbyshire Solicitors share 10 essential steps to help you plan for divorce thoughtfully, covering the emotional, legal and financial considerations that matter most.
Financial settlements on divorce
Divorce lawyers are often asked in the early days how much someone may receive or have to give up when they get divorced. It’s quite difficult for them to give a direct answer as cases vary (except in Scotland, where guidelines are more closely adhered to), but in very broad terms, you can usually expect to divide equally all your assets (such as your home, investments, pension, etc) that have been accumulated over the course of your marriage.
Only a very small percentage of financial settlements are decided by the courts. Most divorcing couples make their own arrangements either directly or with the help of a lawyer or mediator. If you do this, get the agreement ratified by the court so that your ex can’t make claims against you later.
Find out more about financial settlements in our articles Sorting out your finances when a relationship ends and How are pensions shared in divorce.
Starting again later in life: 10 essential steps to help you plan for divorce
If you’re feeling uncertain and overwhelmed about what comes next, a pre-divorce checklist can help you stay organised and in control, helping you approach the future with greater confidence.
In this free 10-point guide, England & Derbyshire Solicitors share 10 essential steps to help you plan for divorce thoughtfully, covering the emotional, legal and financial considerations that matter most.
Seeking support
If you need emotional support, the relationship counselling service Relate deals with marriage and relationship breakdown as well as helping couples stay together.
You may find it easier to talk to someone you don’t know, or you might hate the idea of opening up to a stranger; either way, make sure you have a network of support you can call on when things feel particularly difficult.
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