Divorce Column April 2025

Quick fire questions
1. How long does a divorce take?
It will take at least 26 weeks from start to finish. There will be a 20 week holding period (sometimes referred to as a cooling of period) between the date of the divorce application and the making of a conditional order and there must be a period of at least 6 weeks from conditional order to applying for a final order.
2. Do I need consent to divorce?
No, consent is not required. We live in an era of no-fault divorce so all that’s required is for you to state in your application that the marriage has irretrievably broken down and whether or not your spouse agrees with this or consents to a divorce is irrelevant.
3. Does it matter who starts the divorce?
No, in the sense that it will make no difference to the outcome of sorting out the finances ancillary to divorce or to resolving any dispute concerning child arrangements. But in sole applicant cases (as opposed to joint) the sole applicant will be in the driving seat and so have more control over the timing of some aspects of the divorce process and there may be a benefit in being in this position.
4. How much does a divorce cost?
It can and does vary. Many solicitors will deal with the divorce on a fixed fee basis. The fixed fee can of course vary from one firm to another but typically you should expect to have to pay a few hundred pounds plus the court fee. There will be vat on the solicitors’ charges but there is no vat on the court fee. The costs of sorting out finances and child arrangements are separate from the costs of the divorce.
5. How long do I have to be married before I can divorce?
You must be married for at least 12 months before you can apply for a divorce. You can of course enter into negotiations over finances and child arrangements from the moment you separate even if you cannot straightaway apply for a divorce.