It is possible to get a divorce in the UK without going to court – especially if the split is amicable and both parties can agree on key issues such as finances, property and child arrangements. While the legal process of ending a marriage typically doesn’t require a court appearance, financial settlements or child arrangements can sometimes lead to court involvement if no agreement is reached. This blog explains how the no-court divorce process works, who is eligible and what steps you’ll need to take. It also outlines the pros and cons of avoiding court and the role of mediation or financial dispute resolution in reaching fair agreements outside the courtroom.
Divorce outside of court: what do I need to do first?
To get a divorce without court, both spouses must work together to resolve the key issues such as property division, child arrangements and spousal maintenance, either privately or through alternative dispute resolution methods. If agreements can be reached, the necessary documents are filed with the court for approval. While the legal process of divorce itself usually doesn’t require court appearances, unresolved financial or children matters might still lead to a court hearing. It is helpful to have the advice of a solicitor, even if you do not intend to appear in court.
The first step in the divorce process is to submit your divorce application. This can be done online, via post, or through a solicitor. A divorce application must be submitted with a marriage certificate and confirmation that the relationship has permanently broken down.
Once you have submitted an application, it will be reviewed by the court and a copy will be forwarded to your spouse. They are then required to respond within a specified timeframe, which is usually 14 days. You can then apply for a Conditional Order after the 20-week reflection period has passed.
The applicant – i.e., the person who applied for divorce – must then wait six weeks and one day after the Conditional Order before they can apply for a Final Order. Once a Final Order has been made, the marriage has officially been dissolved, and you are divorced.
Am I eligible for divorce without court?
To get a divorce – with or without court – you must have been married for at least one year, your marriage must have irretrievably broken down, and you must meet certain residence or domicile requirements in England or Wales. These include situations where both spouses are habitually resident in England and Wales, where both were last habitually resident there and one still resides there; where either the respondent is habitually resident; or where the applicant has been habitually resident for at least one year (or for at least six months if also domiciled in England and Wales). Divorce is also possible if both spouses are domiciled in England and Wales, or if either one is domiciled there. To get a divorce without going to court, the divorce itself generally needs to be uncontested — meaning that neither spouse disputes the divorce (disagreements about financial matters, property, or child arrangements are dealt with separately and do not make the divorce itself contested). However, if there is a dispute over the validity of the marriage or whether it should proceed in England and Wales, the court may need to be involved. Likewise, if you cannot reach an agreement on finances or children, those specific issues might also require court intervention, even if the divorce itself is uncontested.
Pros and cons of divorce without court
Choosing a divorce without court may be a cheaper and quicker option in the short term. However, there are some drawbacks to choosing this method:
Quicker doesn’t always mean better
When a marriage has irretrievably broken down and emotions are running high, it can be tempting to simply take the quickest option to dissolve the marriage without going to court. This might mean that important details are not considered, or are agreed upon without proper legal advice.
Making changes after your divorce is finalised is harder than sorting them beforehand
It is generally more difficult – but not impossible – to change childcare arrangements or spousal support after a divorce has been finalised. Modifications require legal procedures, and courts don’t grant them lightly. Making changes after the divorce is final could lead to further legal costs.
How to avoid court when getting divorced
The real key to achieving a divorce without court is good communication. Before you have even applied for a divorce, you should discuss key matters with your spouse so that you know how each of you feel about them before you go ahead.
First things first: Children
Before you proceed with your divorce application, if practical (and safe), sit down with your spouse and have a discussion about your children. What do you want their living arrangements to be? What would be the least upheaval for them? How can you minimise the impact of your marriage breakdown on their lives? Children are often the ones who suffer the most during a divorce, so take time to consider how the upcoming changes will impact their wellbeing and happiness.
Discuss your finances
Next on the list should be your finances. Have an open and honest discussion about what you should do with any properties you own: who should move out of the family home and should you sell it? How will you divide any other property or assets you own together, including things like pensions and savings? How will you deal with any debts you may have? All of this needs to be discussed in detail before you apply for a divorce, and to increase your chances of reaching a divorce without court.
These matters are obviously very sensitive, so it is common for communication to break down during these discussions. If this happens and you can’t come to an agreement, it is still possible to achieve a cost-effective resolution outside of court, via mediation or private dispute resolution.
Mediation and Non-Court Dispute Resolution (NCDR)
Mediation (Family Mediation)
What is Family Mediation?
Mediation, or Family Mediation as it is often called in the context of divorce, is a structured process where an independent, trained family mediator helps you and your ex-partner discuss and try to agree on issues like:
– Division of assets (home, pensions, savings)
– Childcare arrangements
– Spousal maintenance
Is it mandatory?
It’s not compulsory to go through mediation, but in most cases, you must attend a Mediation Information and Assessment Meeting (MIAM) before applying to court.
Is it legally binding?
Mediation itself does not result in a legally binding agreement, but if both parties agree, the outcome can be turned into a Consent Order approved by the court, making it legally enforceable.
Non-Court Dispute Resolution (NCDR)
What is an NCDR?
NCDR offers alternative methods to court proceedings for resolving divorce-related issues, such as financial arrangements, property division, and child custody.
Encouraged by the courts:
Recent changes to UK law have made it possible for judges to pause court proceedings until parties have tried to resolve issues via NCDR.
Mediation:
Family Mediation is one method of achieving a Non-Court Dispute Resolution. A neutral third party (usually a professional mediator) works to help the couple reach an agreement.
So, in conclusion, it is very possible for a couple to divorce without going to court at all. But to increase your chances of being able to achieve this, you need good communication; careful consideration of how you will divide assets and responsibilities; and sound legal advice to guide you through. For more information about the divorce process, see our divorce services page.
Get advice about your divorce without court today, from our local divorce lawyers
Find the most cost-effective solution for your divorce, outside of court. Book a free, 30-minute consultation with our divorce lawyers by calling 0800 321 3832, or completing our quick, online form.
Andrew Robotham
Family lawyer Derby
