Divorce is never easy, especially when there are additional complications such as children or shared ownership of a business. While divorce can be quite emotionally taxing, it is important to commence proceedings quickly.
Not only will this help prevent the process from being unnecessarily prolonged and causing additional emotional pain, but it will also enable you to organise all your affairs more effectively after your separation.
At Brown Turner Ross, our family law solicitors know how much early legal advice can improve the divorce process, and we suggest that anyone facing divorce seek advice as soon as possible.
This guide will outline the practical first steps in starting the divorce process, so keep reading to learn more.
Understanding Your Grounds for Divorce
In recent years, the law concerning eligibility for divorce in the UK has simplified substantially. In the past, it was the responsibility of the individual applying for the divorce to prove the marriage had irretrievably broken down by citing that one of the five grounds for divorce had occurred; these grounds included:
Adultery
One spouse was required to prove the other had engaged in sexual intercourse outside of their marriage, specifically with someone of the opposite sex, which only emphasised how outdated the legislation was.
Unreasonable behaviour
One spouse had to prove beyond a reasonable doubt that the other spouse’s behaviour was unbearable, rendering it impossible to maintain the relationship.
Desertion
It had to be proven that one spouse had left the marriage and had not returned for a length of time, nor showed any intention of returning.
Two years of separation with both parties’ consent
If both involved parties agreed to the divorce, they could cite two years of separation as a reason for the breakdown and exit the marriage.
Five years of separation without consent
If one spouse did not consent to the divorce, the other spouse had to wait a period of five years of separation before the divorce could be granted.
All of these conditions for divorce were considered to be quite outdated and have since changed.
Grounds for Divorce in the UK 2026
In the UK, we now operate on a ‘no-fault divorce’ rule, which means you’re no longer required to assign blame or cite a specific reason for the breakdown of your marriage. You are required to state that the marriage has irretrievably broken down, and either spouse may then apply for the divorce together or individually.
There are still some eligibility requirements that should be met, including a minimum of 12 months of marriage required before a divorce can be applied for.
Gathering the Documents You’ll Need
Before you apply for a divorce, it’s essential that you have the correct documentation ready to ensure that the process runs smoothly. Some key documentation that is essential to have before applying for a divorce includes:
Marriage Certificate
In order to commence divorce proceedings, you must first produce a valid marriage certificate. At Brown Turner Ross, we have seen far too many people make the mistake of using a photocopied version of their marriage certificate, only to be later rejected.
You must provide either the original certificate or a certified copy of the marriage certificate before divorce proceedings can begin.
Divorce Application
The divorce process cannot begin without the main piece of the process, your divorce application. This can be filed either online or on paper, and you will need Form D8 from the Government website to begin. Suppose you are not sure how to get the application, or you need support filling the document out. In that case, a divorce solicitor will be able to help you better understand the documentation.
Any Name-Change Documents
If you or your spouse has changed your name since signing the marriage, and the current name differs from the one on your marriage certificate, you must provide proof of this change. We suggest submitting proof through a Deed Poll.
Basic Financial Information
When it comes to working out the more personal aspects of the divorce, it’s important that you provide the financial details that might be discussed.
Filing the Divorce Application
Once you have the necessary documentation ready, you can then start the filing process.
Applying Jointly or Alone
Before starting your application, you must decide whether you’ll be submitting a joint or sole divorce petition. Applying jointly or alone can significantly affect how the process is managed, the outcome of the divorce itself, and how finances and child arrangements will be divided upon completion.
For example, if a sole application is filed, only one party would be responsible for moving the application forward, and any help with court fees would be based on the applicant’s sole financial position rather than the full financial position of the marriage.
If you are filing for divorce alone, we always recommend seeking legal advice, especially in a high-net-worth divorce, as without the right guidance, you may incur a significant financial loss.
Filing Form D8 for Your Divorce Application
To start proceedings, you will first need to fill out the divorce application. This can be done via post or online. We would suggest filing online, as this makes it easier to make adjustments if mistakes are made.
Once the document has been accurately filled out, you should then pay the court fee. This fee currently stands at £612 and must be paid when you apply for a divorce. If you are on a low income or receive certain benefits, you can apply for help with these fees before you submit your application.
Once the fees have been paid and your application has been filled out, you can then send the completed form and marriage certificate to the court for review.
The Key Stages of the Divorce Process
Unfortunately, the divorce process is not as simple as just sending in your application and being granted a divorce; it requires participation from both you and your spouse. There are three key stages of the divorce process that you should be aware of when filing.
20-Week Reflection Period
The 20-week reflection period starts when the courts issue the divorce application and gives the involved couple the opportunity to reflect on their decision, agree on practical arrangements, or even reconcile before the next legal stage.
This 20-week period is essential to ensure that the couple who have filed the application truly wish to proceed with the divorce, with many couples choosing to undergo family mediation during this time rather than complete the divorce process.
This reflection period prevents decisions from being made in haste and protects all involved parties.
Conditional Order
The conditional order stage of the divorce proceedings is a court order formally declaring that the marriage has irretrievably broken down and that there is no legal obstacle to the divorce proceeding.
This stage confirms that the divorce application has met all legal requirements and is known as the midway point, as the couple is still married but on the path to divorce. At this stage, the couple can finalise any financial arrangements and child custody propositions before applying for the final order.
Final Order
The final order is the last stage of the divorce process and serves as the official legal document that confirms the court’s decision to grant the divorce. This order outlines the terms of the divorce, including the division of assets, custody arrangements, and any other relevant details.
Once the final order is issued, both parties are legally bound to comply with its terms, marking the end of their marriage and allowing them to move forward with their separate lives.
If you have any objections to anything outlined in the final order, you must quickly seek help from a legal professional who specialises in family law.
Why Early Legal Advice Matters
When facing divorce, many believe they can handle financial arrangements after the decree is finalised. This common misconception can be costly, as financial orders do not happen automatically; they require a separate legal application.
The earlier you seek legal advice, the better your chances of protecting your financial interests. Waiting until the decree absolute is issued can result in joint accounts being emptied, pension contributions being halted, assets being transferred to family members, or debts being accumulated in joint names.
Early legal guidance allows your solicitor to implement protective measures from the start, such as freezing orders to prevent asset transfers, interim maintenance arrangements, and full disclosure requirements for transparency. Being reasonable is important, but it’s equally crucial to be properly informed about your rights and to take proactive steps to safeguard your financial future.
Divorce Process Liverpool: How Brown Turner Ross Can Support You
At Brown Turner Ross, we’ve assisted numerous clients in completing their divorce processes. Thanks to our support, what is often a challenging and stressful experience can become much smoother. If you’re beginning divorce proceedings and seek extra help, you’ve come to the right place. Contact us to find out how we can help you at Brown Turner Ross.