Step 1: Initiating the divorce application

The divorce application can be started by you alone or jointly with your spouse. There are two main ways to submit your application:

• Online Application: This is the most common method, providing a convenient way to file for divorce.
• Paper Application: In certain circumstances, you may choose to file a paper application.

The new divorce law enacted in 2022 eliminates the need to provide a reason for the divorce. Instead, you can file based on the irretrievable breakdown of the marriage.

Step 2: Court review of your application

You must send in your application to the court with your original or official copy of your marriage certificate.

After your application is processed, a 20-week reflection period begins.

Step 3: Notification to your spouse

If you filed a sole application, the court will notify your spouse by sending them a copy of the application.

We suggest talking about your application with your spouse before you apply. Talking openly can prevent delays in acknowledging, which can make the divorce process longer and cost more.

Step 4: Granting of the conditional order

Once the court is satisfied with your application, they will grant a conditional order. This indicates the court’s preliminary approval of your divorce.

Step 5: Applying for the final order

The final order can be applied for six weeks and one day after the conditional order is given. This document officially dissolves your marriage.

At Mayo Wynne Baxter, we typically advise waiting to apply for the final order until any financial arrangements related to your divorce are resolved.

Learn more about settling finances during divorce here.

Step 6: Granting of the final order

Once the court grants the final order, you are officially divorced and may remarry if you choose.

Going through a divorce can be one of the most challenging experiences in life. If you have questions or need clarity on the divorce process, our dedicated divorce law team at Mayo Wynne Baxter is here to help.

Contact us today

Reach out to our expert divorce solicitors for personalised guidance tailored to your situation. Let us support you during this difficult time.

Frequently asked questions

How long does the divorce process take?

While the minimum time frame is around six months, the process may take longer depending on factors such as court backlogs, financial negotiations, and any disputes between parties.

What documents do I need to file for divorce?

Divorce Petition (Form D8), Marriage Certificate, Application Fee, Statement of Arrangements for Children (Form D8A) (if applicable), Financial Disclosure (optional but recommended), Acknowledgment of Service (Form D10), Decree Nisi and Decree Absolute. If any other documents are required during the process, we will advise during the process.

What is a conditional order in divorce?

A conditional order signifies that the court is prepared to grant your divorce, pending the completion of any necessary steps, such as waiting periods or financial settlements. Always consider seeking legal advice to navigate the divorce process effectively.

Changes in Law: The Divorce, Dissolution and Separation Act 2022

In April 2022, the Divorce, Dissolution and Separation Act was introduced, simplifying the process of dissolving civil partnerships. This law aligns the dissolution of civil partnerships with divorce proceedings, making it more accessible for couples.

Key Features of the Act

• No Blame Required: The Act allows either partner to initiate dissolution proceedings without needing to apportion blame or provide a specific reason for ending the partnership.
• Who Can Apply: Both individuals in a civil partnership can now start the dissolution process, streamlining the journey towards separation.

How We Can Help

Our experienced team is ready to provide comprehensive advice on the changes to the law and guide you through the dissolution process. With specialist civil partnership dissolution solicitors serving clients across Sussex—including Brighton, Chichester, Crawley, Eastbourne, East Grinstead, Lewes, Peacehaven, Seaford, Storrington, and London—we are here to support you.

Steps to Dissolve Your Civil Partnership

Ending your civil partnership involves several important considerations, much like the divorce process. Before you proceed, ensure you meet the following criteria:

• Eligibility: Confirm you have been in your civil partnership for over a year.
• Type of Application: Decide whether you want to make a joint application or a sole application to end the partnership.
• Children’s Arrangements: Consider arrangements for any children, including child maintenance payments.
• Financial Settlement: Understand that each partner is entitled to make financial claims equivalent to those in marriage and divorce. It’s crucial to negotiate a financial settlement to protect your future interests.

For further guidance on specific aspects, explore our additional resources:

• Settling Your Finances
• Cohabitation Disputes
• Arrangements for Children

You may also find it beneficial to connect with Rainbow Families, an informal support group for LGBTQ+ parents and their children.

Contact Our Civil Partnership Dissolution Solicitors

At Mayo Wynne Baxter, our dedicated team is here to assist you. For a confidential and personalised consultation regarding civil partnership dissolution, contact us today.

Why Choose Us?

• Expertise: Our solicitors specialise in civil partnership dissolutions, ensuring you receive informed guidance.
• Local Knowledge: With offices across Sussex and London, we understand the local landscape and can provide tailored support.

Frequently Asked Questions

How long does it take to dissolve a civil partnership?

The process typically takes at least 6 to 8 months. However, it can take longer if there are disputes or complications.

Can I dissolve my civil partnership without my partner’s consent?

Yes, you can initiate the dissolution without your partner’s consent. However, your partner will need to be informed and given the opportunity to respond.

What are the financial implications of civil partnership dissolution?

Financial implications can include the division of assets, debts, and potential spousal maintenance. It’s advisable to sort these out through negotiation or mediation.

Do I need a solicitor to dissolve my civil partnership?

You don’t need a solicitor, but it can be beneficial to have one, especially if there are complex financial issues or disputes involved.

What if my partner and I cannot agree on the terms of the dissolution?

If you can’t reach an agreement, you may need to consider mediation or seek legal advice. If that fails, court proceedings may be necessary.

What is a conditional order in the context of civil partnership dissolution?

A conditional order (formerly known as a provisional order) is a court order that indicates the court’s intention to grant the dissolution. After this, there is a waiting period before you can apply for the final order, which officially ends the civil partnership.