The divorce itself is a straightforward online exercise, which, provided it is not defended, can be completed without needing to attend court.  You will need to decide whether you wish to divorce straight away and if so, whether the divorce will be based on adultery on unreasonable behaviour.  From 6 April 2022 the law is changing and from that date onwards, you can secure a no-fault divorce. 

You will need to decide whether you wish to divorce straight away and if so, whether the divorce will be based on adultery or unreasonable behaviour. These are the only facts you can rely upon if you have been separated from your partner for less than 2 years. If there has been adultery then you need to check that your partner is willing to admit this adultery within divorce proceedings. If they are not, or there has been no adultery, then the divorce can proceed based on unreasonable behaviour. To preserve a good relationship with your partner, it is advisable to agree the details of unreasonable behaviour that will be included in the divorce papers in advance.

It may be that you are in no real hurry to formalise the separation through divorce proceedings, in which case you can consider agreeing that the divorce will be dealt with 2 years from the date of separation, based on 2 years’ separation and consent.  

Once decisions have been made on these issues, a document known as the Divorce Petition is sent to the court with your marriage certificate and the relevant court fee and this starts the divorce proceedings.  

For a free initial chat with a specialist divorce and separation lawyer, without any obligation to take things further, please contact Francesca Cozens on 01206 204066 or email francesca.cozens@birkettlong.co.uk