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Divorce & Separation

Divorce and Separation Solicitors in Cheltenham

The divorce application ends the marriage. It does not automatically decide what happens to the family home, pensions, savings or arrangements for children. We advise on the divorce itself and identify any separate issues that need to be dealt with alongside it.

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Divorce and Separation

What the Divorce Process Actually Does

Divorce is the legal process used to bring a marriage to an end. Since April 2022, an application no longer requires one spouse to blame the other for the breakdown of the marriage.

A divorce can be started by one person or together

You can make a sole application in your own name, or you and your spouse can apply jointly. A joint application means both of you take part in progressing the divorce, while a sole application places responsibility for moving the application forward with one spouse.

Starting jointly does not lock you into a joint application for the entire process. If one applicant stops taking part, there are circumstances in which the divorce can continue as a sole application at a later stage.

There are two court stages after the application

Once the divorce application has been issued, the next formal stage is the Conditional Order. This confirms that the court sees no legal reason why the divorce cannot proceed.

The Final Order comes later. It is the Final Order, not the initial application or Conditional Order, that legally ends the marriage.

Even an agreed divorce takes time

The procedure contains mandatory waiting periods. At least 20 weeks must pass from the date the court issues the application before the Conditional Order can be applied for. After the Conditional Order is granted, at least six weeks and one day must pass before the Final Order can be requested.

GOV.UK currently advises that a divorce normally takes at least seven months. Service problems, delays responding to the court or other procedural issues can extend the timetable.

If your spouse stops responding

A lack of cooperation does not necessarily mean the divorce has to stop. What happens next depends on the stage reached and, in a sole application, if the court has been able to serve the application properly.

If there is difficulty locating your spouse or establishing that they received the papers, additional procedural steps may be needed before the case can continue.

You may be separated before you apply

Separation and divorce are not the same thing. Some couples live separately for a period before starting divorce proceedings. Others decide they are not ready to end the marriage immediately.

If you do decide to divorce, you do not have to establish a particular period of separation as the reason for the marriage ending under the current no-fault process.

The divorce does not decide every issue between you

The legal ending of the marriage should not be confused with resolving everything arising from the separation. Financial matters and arrangements for children are separate legal issues.

If those issues apply to you, see our Financial Settlements and Child Arrangements pages. Those subjects are dealt with separately rather than duplicated here.

Advice from our Cheltenham family law team

Pembridge Solicitors advises clients from our office at Calderwood House on Montpellier Parade in Cheltenham. We can assist if you are considering an application, have already started the divorce yourself, or have received an application from your spouse.

We can review where the case has reached, identify the next procedural step and advise if there is anything that should be considered before the Final Order is requested.

Divorce Costs

What Does a Divorce Cost?

£628 Current HMCTS divorce application fee

The current court fee for filing a divorce application in England and Wales is £628. This is a court fee paid to HM Courts & Tribunals Service and is separate from any legal fees charged by a solicitor.

People on a low income or receiving certain benefits may qualify for help with some or all of the court fee through the government's Help with Fees scheme.

Solicitor's fees

Our legal fees depend on the work you ask us to undertake. For example, you may want us to manage the application from beginning to end, review an application you have already started, or advise at a particular stage of the proceedings.

We will explain the scope of the work and the applicable legal fees before work begins. If an additional court application becomes necessary, such as an application arising from difficulties serving the divorce papers, additional court fees and legal work may also apply.

Fees relating to financial settlements or disputes involving children are separate because they are not part of the divorce application itself.

Divorce and Separation FAQs

Questions About the Divorce Process

These answers focus on the divorce application itself. Financial settlements and arrangements for children are covered separately elsewhere in our Family Law services.

Can my husband or wife refuse to get divorced?

A spouse cannot stop a divorce simply because they do not want the marriage to end. Under the current system, the irretrievable breakdown of the marriage itself cannot be disputed.

A divorce can still be disputed on limited legal grounds, such as issues concerning the validity of the marriage or the court's jurisdiction.

Can we make a joint divorce application?

Yes. A joint application is available where both spouses agree that the divorce should proceed and want to take part in progressing the application.

Alternatively, either spouse can make a sole application.

What happens if we start jointly but my spouse stops responding?

A joint application can be progressed by one applicant alone at the Conditional Order or Final Order stage, subject to the procedural requirements that apply at that point.

If a joint applicant has stopped participating, it is sensible to check what stage the application has reached before taking the next step.

What documents do I need to start a divorce?

You will normally need your original marriage certificate or a certified copy. If the certificate is not in English, a certified translation is also required.

You will also need information about your spouse and evidence of any relevant change of name.

What if I do not know where my spouse lives?

Not knowing your spouse's current address does not automatically prevent a divorce, but it can make the procedure more involved.

Depending on the circumstances, steps may be required to locate them, use an alternative method of service or ask the court to allow the proceedings to continue without conventional service.

Do I have to use a solicitor to get divorced?

No. Individuals can make their own divorce application online or by post.

Some people instruct a solicitor because they want the application managed for them, because a procedural problem has arisen, or because they want advice before progressing to the next stage.

When am I actually legally divorced?

The marriage legally ends when the Final Order is made. The Conditional Order does not end the marriage; it confirms that the court sees no legal reason why the divorce cannot proceed.

Does the divorce automatically deal with finances or children?

No. Those are separate issues from the divorce application itself.

For those matters, see our Financial Settlements and Child Arrangements pages.

Divorce and Separation

Ending the Marriage Is Only One Part of Separating

A divorce deals with your legal marital status. It does not automatically decide what happens to the family home, savings, pensions or arrangements for children. Those questions often matter just as much as the divorce itself, and sometimes need attention before the marriage is formally brought to an end.

You no longer need to prove why the marriage ended

Divorce in England and Wales is now based on the irretrievable breakdown of the marriage. There is no longer a requirement to rely on adultery, behaviour or a period of separation to establish fault.

An application can be made by one spouse alone or jointly by both spouses. A joint application can work well where both people are willing to progress matters together. A sole application may be more appropriate where one person wants to take responsibility for progressing the divorce or communication between the parties is limited.

The divorce cannot be completed immediately

There are mandatory stages built into the process. After the application has been issued, at least 20 weeks must pass before an application can be made for the Conditional Order. The Conditional Order confirms that the court sees no legal reason why the divorce cannot proceed.

There is then a further statutory waiting period before the Final Order can be requested. The Final Order is the document that actually ends the marriage.

Those waiting periods mean even an agreed divorce takes time. Problems serving the application, a failure to respond or other procedural issues can extend the timetable further.

Being divorced does not settle your finances

This is one of the most important distinctions to understand. Receiving a Final Order does not, by itself, decide who keeps a property, how savings are divided or what should happen to pensions and other assets.

A couple can therefore be legally divorced while financial claims between them remain unresolved. Where an agreement has been reached, it may need to be converted into a court order so that the financial position is properly recorded.

The timing of the Final Order can also require thought in some cases, particularly where pensions, property or other financial arrangements are still being dealt with. We can consider the divorce alongside your wider financial position rather than treating the Final Order as the only objective.

More detailed information is available on our financial settlements page.

Children are dealt with separately from the divorce

The divorce application does not decide where children will live or how their time will be divided between parents. In many families these arrangements are agreed privately and no court application is needed.

Difficulties can arise where parents cannot agree, arrangements stop working, one parent wants to relocate, or decisions about schooling, travel or other important matters become disputed.

Those issues fall within a separate area of family law. Our child arrangements service explains the options where agreement cannot be reached.

Separation does not always mean applying for divorce straight away

Some couples separate months or years before beginning divorce proceedings. Others decide that they do not want to divorce immediately for personal, financial or religious reasons.

Even if the marriage is continuing legally, it may still be sensible to record what has been agreed about property, household expenses or other financial arrangements during the period of separation. The right approach depends on what you own, how your finances are organised and what you intend to happen next.

If divorce papers have already been issued

You do not have to be the person starting the divorce to obtain legal advice. We also advise people who have received an application from their spouse and are unsure what they need to do next.

This can include checking the application, dealing with acknowledgement of service, explaining the timetable and identifying financial or children matters that should not be overlooked while the divorce progresses.

Divorce advice from our Cheltenham office

Pembridge Solicitors is based at Calderwood House on Montpellier Parade in Cheltenham. We advise people who are at very different points in the process: some have only recently separated, some already know they want to apply for divorce, and others contact us after proceedings have begun.

The first question is not always simply how to obtain a divorce. It may be what should happen to the house, if a financial agreement is needed, how children arrangements should be approached, or if there is any reason to deal with those matters before applying for the Final Order.

Advice can be provided from our Cheltenham office or remotely for clients elsewhere in Gloucestershire.

Divorce and Separation FAQs

Common Questions About Divorce

The divorce process is only one part of separating. These are some of the questions that commonly arise about timing, finances, property and arrangements for children.

Do I need to give a reason for getting divorced?

No. Divorce in England and Wales is now based on irretrievable breakdown of the marriage. You do not need to prove adultery, unreasonable behaviour or another form of fault.

The divorce application is therefore concerned with ending the marriage rather than deciding which person was responsible for the relationship ending.

Can we apply for divorce together?

Yes. Married couples can make a joint application where both spouses want to progress the divorce together. One spouse can also make a sole application.

A joint divorce does not mean that financial matters or arrangements for children have automatically been agreed. Those issues remain separate.

How long does a divorce take?

There is a minimum 20-week period before the Conditional Order stage can be reached. After the Conditional Order is made, at least six weeks and one day must pass before an application can be made for the Final Order.

The actual timetable can be longer where there are delays processing the application, serving documents or dealing with other procedural issues.

Does getting divorced settle our finances?

No. A divorce changes your marital status but does not automatically determine what happens to property, savings, pensions, debts or other financial assets.

Financial claims may therefore remain even after the marriage has legally ended. You can read more about this on our financial settlements page.

What happens to the family home after separation?

There is no automatic rule that the property must be sold or transferred to one spouse. The appropriate outcome depends on the wider financial circumstances of the family.

Equity, mortgage liabilities, income, other assets and the housing needs of any children can all be relevant when deciding what should happen to the home.

Does the divorce decide where our children will live?

No. Arrangements for children are separate from the divorce proceedings. Parents can often agree where children live and how their time is divided without needing a court order.

If agreement cannot be reached, our child arrangements service explains the options available.

What if my husband or wife does not want a divorce?

Simply not wanting the marriage to end is not enough to prevent a divorce under the current no-fault system. The grounds on which a divorce application can be disputed are limited.

There can still be practical issues if a respondent does not acknowledge the application or there are difficulties proving that documents have been served.

We have separated but are not ready to divorce. Should we do anything?

Some couples remain separated for a period before starting divorce proceedings. That does not necessarily mean financial arrangements should be left unresolved.

If you own property together, have joint liabilities or have agreed how finances will operate during the separation, it may be sensible to obtain advice about how those arrangements should be recorded.

Can I get divorced before our financial settlement is finished?

Divorce proceedings and financial arrangements can progress on different timetables. It is possible for the divorce to reach the Final Order stage while financial matters remain unresolved.

However, the timing of the Final Order can matter in some cases, particularly where pensions or other financial interests are involved. The wider financial position should therefore be considered before the marriage is formally ended.

Do I need a solicitor if the separation is amicable?

An amicable separation can make the divorce process considerably simpler, and not every case requires court proceedings or prolonged negotiations.

Legal advice can still be useful where you have already reached an agreement, particularly to check that financial arrangements have been considered properly and if anything needs to be formally recorded.

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