With six local offices across Greater Manchester, we're well placed to support you wherever you are in the process, whether you're taking the first steps or dealing with complex financial and childcare arrangements.
We know that ending a marriage or civil partnership is rarely straightforward, practically or emotionally. Our family law solicitors have over 30 years of experience in this area and will guide you through every stage with discretion, clarity, and care.
To speak to one of our divorce solicitors, call us on 0161 665 3502 or fill in our contact form.
What is the purpose of a divorce, or civil partnership?
A divorce is the legal ending or dissolution of a marriage between two spouses. Even though the two partners may already have separated, a divorce terminates their marital relationship legally. If you live in England or Wales, you may also legally end your civil partnership by applying to the courts for a dissolution order. This will legally and permanently end your civil partnership. You will need to apply to the courts and state that your civil partnership has irretrievably broken down.
Who can get a divorce or civil partnership dissolution?
You can apply for a divorce in England and Wales if:
- You have been married for at least one year
- Your marriage is legally recognised in the UK
- You or your spouse are habitually resident in England or Wales, or domiciled here
- The marriage has irretrievably broken down
The same criteria apply to civil partnership dissolutions. If you are not a British citizen, your immigration status may be affected by a dissolution. Citizens Advice has guidance on this, and we would recommend taking advice early.
How can Garratts’ divorce solicitors help?
At Garratts, we will guide you through all elements involved in a divorce and represent you at court. We understand that this can be a very difficult time for you and your family and will discuss all matters with the greatest degree of confidentiality and professionalism.
How do I start the divorce process in England and Wales?
Since April 2022, couples in England and Wales can apply for a no-fault divorce. You no longer need to prove fault or assign blame. Instead, you simply need to state that the marriage has irretrievably broken down. You can apply as a sole applicant or jointly with your spouse.
What is a divorce?
A divorce is the legal ending of a marriage. Even if you and your spouse have already separated and are living apart, you will remain legally married until a final order is granted by the court. A divorce formally dissolves that legal relationship and allows both parties to remarry if they choose.
If you are in a civil partnership rather than a marriage, you can apply for a dissolution order rather than a divorce. The process is broadly the same.
I’ve been in a civil partnership for less than a year. Can I still apply for a dissolution order?
You may get a legal separation if you have been in a civil partnership for less than one year. You and your ex-partner may live apart if you’re legally separated whilst legally still being in a civil partnership.
How can I dissolve a civil partnership via a no-fault dissolution order?
To dissolve a civil partnership in England and Wales, the court will require you to state that your relationship with your civil partner has irretrievably and permanently broken down.
The no-fault civil partnership dissolution coming into effect on 6th April 2022 will allow you to dissolve your civil partnership without needing to prove any grounds.
For a civil partnership dissolution, how does a conditional order differ from a final order?
A conditional order marks the first stage of your civil partnership dissolution by which the court confirms your application and agrees that there is no reason why you should not be able to end your civil partnership. If that is not the case, you can apply for a hearing during which the judge may still grant you a conditional order.
Before you can apply for a conditional order, seven days will have to have passed since your civil partner received their copy of the dissolution application form. The waiting time to receive a conditional order is usually about 20 weeks.
The legal document marking the second stage of the dissolution is also known as a final order for which you may apply six weeks after receiving your conditional order. A final order application has to be made within 12 months of the conditional order being issued.
How much does it cost to apply for a divorce?
You will need to pay a non-refundable application fee to the HM Courts and Tribunals Service when you apply by post or online. The application fee is currently set at £593 for divorces in England and Wales. If you want to instruct us to assist you with your divorce, our fees will be in addition to the above.
How long does a divorce take?
The complexities involved in your divorce and whether or not your spouse agrees will determine the duration of the entire process. The party receiving the divorce will generally be sent an ‘acknowledgement of service’ form for your divorce application between 10 and 28 days after submitting it.
It is unusual for divorces to take over a year to complete, as most divorces are straightforward. It is unusual for them to be defended, in which case they should not last longer than 6 months from beginning to final decree (Decree Absolute). However, we may advise you to delay finalising the divorce until the financial issues are complete. Cases may exceed this timeframe where the other party does not respond to the divorce, and personal service is required. (This extra work will incur additional fees.)
Do finances form part of a divorce?
Financial settlements will come into play when proceeding with a divorce. The effect of a divorce has a significant impact on a family’s financial situation both now and in the future. A divorce allows spouses to pursue financial orders or create a clean break between them. Before going ahead with a divorce, you should seek advice concerning finances.
What about children?
Children arrangements, including where they live and how much time they spend with each parent, are dealt with separately from the divorce proceedings themselves. You do not need to have these resolved before your divorce is finalised, but it is important to address them.
Where parents can agree, a parenting plan or child arrangement order can provide certainty for everyone involved. Where agreement isn't possible, the court can be asked to make a decision.
Frequently asked questions
How long does a divorce take?
Most uncontested divorces take between six and twelve months from application to final order, largely due to the mandatory 20-week waiting period and court processing times. Cases involving disputed finances or where one party does not engage can take longer. We will give you a realistic estimate based on your circumstances at your initial consultation.
What if my spouse doesn't respond to the application?
If your spouse does not acknowledge the application, it may be possible to apply for personal service. This means a court bailiff or process server delivers the documents directly. This adds time and additional cost, but it does not prevent the divorce from proceeding.
Can I get a divorce if my spouse doesn't agree?
Yes. Under the no-fault divorce process, your spouse cannot block a divorce. They can dispute certain aspects, such as financial arrangements or jurisdiction, but they cannot prevent the marriage from being dissolved.
What is the difference between separation and divorce?
A legal separation allows you to live apart and formalise financial arrangements without formally ending the marriage. This may suit couples who have religious or personal reasons for not divorcing, or those who have been married for less than a year and cannot yet apply. Our team can advise on separation agreements if this applies to you.
Do I need a solicitor to get a divorce?
You are not legally required to instruct a solicitor, but having one significantly reduces the risk of errors, delays, and, most importantly, unfair financial outcomes. Many people who handle their own divorce later find that financial claims they could have made have lapsed, or that agreements made without legal advice are difficult to enforce.
