To obtain a divorce, a court order will always be required but this does not mean that you will have to attend court in person to get divorced in the UK.
Your application for a divorce (a sole or joint application) will be processed by the court, and a decision will be made on your application(s). This contrasts with the old rules which invariably involved you having to attend in person. In fact, since the coming into law of the Divorce, Dissolution and Separation Act 2020 (the “Act”), it might be said that the whole divorce process is set up to not require divorcing couples to attend court, and then, only if absolutely necessary. In certain situations, if your spouse contests your divorce application or if you cannot agree on divorce-related matters such as how to divide your marital assets, you will have to attend court to seek a resolution of the issue.
In order to expedite your application for a divorce, the court will check that you meet the criteria for divorce, including the following:
· You have been married for over a year
· Your marriage has irretrievably broken down
· Your marriage is legally recognised in the UK (this includes same-sex marriage)
If the divorce is not contested by your spouse and the application and petition documents are correct, you can apply for a Conditional Order 20 weeks after your divorce application has been issued by the court. You can then apply for a Final Order 43 days after receiving your Conditional Order. Once you have your Final Order, you are no longer married. At no point in this process is there a need to attend court.
Attending Court For Other Reasons During The Divorce Process
You may need to attend court during the divorce process if you need the court to make a decision on matters relating to the division of the matrimonial assets or child arrangements. This does not apply to everyone who is seeking a divorce. In any event, all couples are encouraged to try to come to an agreement regarding their children, home, and marital assets. Even then, if this is not possible, divorcing couples must then try mediation by attending a Mediation Information and Assessment Meeting (MIAM) unless there are other factors which mean this is not appropriate, such as domestic abuse.
Only if you cannot agree between yourselves or mediation is not suitable or effective can you apply to a court for a Consent Order, Child Arrangement Order, Pension Attachment Order, or any other type of order that may be required to set out and enforce a divorce-related arrangement.
The key point is that with any divorce the more you can agree voluntarily the less likely it is you will have to attend court or require the court’s active intervention. Avoiding court will also save you time and avoid the emotional stress and help to ensure that you and your ex-partner remain on amicable terms, which is beneficial for everyone concerned, including the children.