How hard it is to get a Divorce in the UK?


Provided both of you are resident, in the UK, getting a divorce is a relatively quick and simple process. Every year around 117,000 people get divorced in England and Wales.

Usually it takes between 4 and 5 months to finalise the divorce from the date that the divorce petition is submitted. At Hylton-Potts we have a letter from the High Court judge in London, congratulating us on the speed of our litigation and responses. A copy is viewable here and we are rather proud of it

Getting divorced is a three-step process, which is easy to understand and follow.

Valid Grounds for Divorce

You can get a divorce if you have been married for at least a year and the relationship has permanently broken down. Provided you both agree on this the divorce can go ahead uncontested in writing, and there is no need for you to appear before a judge.

When you file your petition for divorce, you will have to state the reason behind the breakup. The five acceptable reasons are adultery, desertion, unreasonable behaviour or living apart for two years. For a couple where only one spouse wants a divorce, living apart for five years is an acceptable reason for divorce.

Division of Assets

As part of the divorce proceedings, you need to determine how possessions, property and money are to be divided. If possible, this should be agreed between the couple.

Most couples formalise this agreement by putting it in writing. This makes the settlement clear, and prevents it from being contested later.

Couples who cannot agree can apply for a financial order from the court, but doing so costs money and often leads to arguments. It is also difficult to predict decisively the outcome of such proceedings because the judge considers many factors when making their decision. Even the rich and famous try to resolve the split of assets amongst themselves if they can. Financial order proceedings are separate from the divorce procedure and typically take 12 months. At Hylton-Potts we offer highly competitive fixed fees, not terrifying solicitors’ hourly rates, so you know where you stand

Children and Divorce

If there are children involved getting divorced is not easy. It will be a traumatic time for them, and their needs have to come first. This principle is enshrined in UK law. Before you can be granted a divorce, the courts require you to determine whom the children will live with, who will pay maintenance and when the children will see the parent, they do not live with.

If you cannot agree this between yourselves, you may need to go through a mediation process. Should the matter remain unresolved you can go to family court, and a judge will decide.