The court has an online portal which enables couples to deal with their divorce themselves. Here are our tips for submitting a divorce application online.
If you wish to start a divorce online yourself to minimise legal fees, these are our top tips. Although we always recommend you take advice specific to your circumstances before you take any steps, so that you can avoid any pitfalls.
Sole or joint application
The first step is to decide whether you intend to make a sole application or a joint application with your spouse.
Since the introduction of no‑fault divorce under the Divorce, Dissolution and Separation Act 2020, ending a marriage in England and Wales has become more straightforward. Spouses no longer need to blame each other for the breakdown of the marriage. Instead, they simply provide a statement that the relationship has irretrievably broken down.
Couples can now choose to apply for a divorce either individually (a sole application) or together (a joint application). If a joint application breaks down, either party can continue the divorce on their own by converting it to a sole application. However, where the divorce started as a sole application, it cannot later be changed into a joint application.
The marriage certificate
When submitting your divorce application, you will need to have the original marriage certificate. The court will require you to send them a complete photographic copy (including all four corners of this visible) when submitting the application. You will also need to include the exact date of marriage and the names as stated on the marriage certificate in the application.
Divorce application court fee
There is a one-off fee which must also be paid when the application is submitted. This is currently £612. However, it is also worth checking whether you could apply for fee exemption (if you are eligible for this, it is means tested).
Keeping your financial claims open
You can do this by making sure you tick the box in the divorce application called financial claims. You may not be intending to apply to the court to decide your financial settlement, in the hope that you will agree outside of the court arena, but it is a worthwhile exercise to tick this box so that you could still apply to the court at a later date if negotiations are not successful.
This is particularly important if your financial negotiations continue beyond the end of the divorce process and you remarry.
The risk of concluding the divorce ahead of resolving financial matters
After considering when to start the divorce (as explained above) you need to progress it to the conditional order stage as soon as possible. This opens up the court’s financial powers to either approve a financial settlement you agree or help you resolve the finances if you can’t.
However, although you then have 6 weeks and one day after which you can apply for the final order, that would change your status and has implications for pension benefits after death and the effectiveness of Wills. It can be vital to resolve the finances properly, especially if you need a share of your spouse’s pension.
Your legal advisor will advise you on when it is appropriate to apply for your final order (formerly known as Decree Absolute) in divorce, to dissolve your marriage. If the applicant does not apply, the respondent can apply for the final order three months after the applicant could have first applied.
Final advice for submitting a divorce application online
Whilst handling the divorce process yourself online can be a good way to reduce fees, make sure you take advice first and keep your solicitor informed of your progress so you don’t make a move which could have an unforeseen consequence on the finances.
The divorce portal can be accessed here.
If you have any questions relating to the topics in this article, please contact our Family Law team on 01392 210700 or email enquiries@stephens-scown.co.uk