Uncontested Divorce Guide: Definition, Costs, Pros & Cons, FAQs
Last Updated:January 2nd 2024 Table Of Contents
What is an Uncontested Divorce?
An uncontested divorce is simply just a divorce, regardless of the reason for divorce, but where both parties agree to not formally defend the divorce.
An uncontested divorce is typically cheaper and enables couples to finalise their divorce from beginning to end in around 7 months.
Without a doubt, agreeing to an uncontested divorce is the quickest, most convenient, and by far the cheapest way to divorce in England & Wales.
No-Fault Divorce
The Divorce, Dissolution, and Separation Act 2020 became law on 6th April 2022 and drastically reformed the divorce process by removing the concept of fault to simplify the proceedings and help couples avoid unnecessary acrimony.
Therefore, it is no longer necessary, or even possible, for either party to prove ‘fault’ to obtain a divorce.
This part of the new no-fault divorce is intended to end the ‘divorce blame game’ and more importantly, for some, it also means not having to wait at least two years before getting divorced.
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How much does an uncontested divorce cost?
Here is a breakdown of your options for getting a divorce:
| Type | Additional Cost | More Information |
|---|---|---|
| Gov.uk | £0 |
|
| Online Divorce | £249 |
|
| Solicitor | £450-900 (online service) |
|
| £1,000-5,000+ (solicitor) |
|
Additional fees to consider
Court Fees
£593 for filing the divorce petition. This is the standard fee and covers the processing of the divorce application.
Mediation Costs
If mediation is required to reach agreements on children or finances, this can cost between £100 to £200 per hour, with total costs ranging from £500 to £1,500.
Fee Waivers
If you’re on a low income or receiving benefits, you may be eligible for a fee waiver or reduction. The EX160 form is used for this application.
Uncontested Divorce vs Contested Divorce: What Is The Difference?
| Aspect | Uncontested Divorce | Contested Divorce |
|---|---|---|
| Duration | Typically takes 6-8 months to complete, depending on court processing times and responsiveness of partners | Can take over a year or more due to the complexity and need for court hearings and legal negotiations |
| Cost | Generally low, with minimal legal fees; fixed-fee arrangements are often available. A few hundred pounds plus court fees | Significantly higher due to extensive legal fees, court costs, and potentially prolonged litigation. It can cost tens of thousands |
| Process | Both parties agree on all terms, making the process straightforward and collaborative. Possibility to file for divorce together under a joint application | Disputes arise over key issues such as finances, children, or property, requiring court intervention and hearings |
| Court Involvement | Minimal court involvement; mainly procedural steps are required | Extensive court involvement, with multiple hearings and the potential for a trial |
| Legal Representation | Legal representation is optional and often unnecessary; parties may handle the process themselves through an online divorce | Legal representation is typically essential due to the complexity and adversarial nature of the process |
| Flexibility | Greater flexibility, as both parties negotiate terms without court mandates | Less flexibility, as court decisions may be imposed if parties cannot reach an agreement |
| Asset Division | Typically straightforward, with both parties agreeing on how to divide assets and property | Can be complex and contentious, with the court making decisions on the division of assets and property. |
Uncontested Divorce Timeline: How Long Does It Take?
The typical uncontested divorce in England and Wales will take around 7 months from start to finish. This timeline includes both mandatory waiting periods of 20 weeks and 6 weeks. This shows that even the simplest divorce case will not be ‘quick’ by historical standards.
Here is a breakdown of the divorce process when parties agree to the divorce and can avoid going to court:
Step 1 – Submit D8 Divorce Petition
To start a divorce application, you must complete a divorce petition form and submit it to the court. Divorce applications are now digital (Since 6 April 2022), but our easy-to-answer questionnaire makes confusing forms easy to understand.
The divorce petition is the main document in divorce proceedings and includes basic personal details, marriage details, and a statement of irretrievable breakdown (previously the grounds for divorce).
You must ensure that all details on this form are correct before filing it, as your application will go to the back of the queue when you re-submit it, causing unnecessary delays.
Step 2 – Acknowledgment of Service
After filing for divorce, your spouse (the respondent) will receive the petition and must acknowledge receipt by filling out the Acknowledgement of Service form (Form D10). Your partner typically has 14 days to complete and return the AOS to the court. If they fail to respond, you can continue with the divorce undefended, however, the procedure becomes more complex.
Delays can occur if the respondent does not return the form promptly. If they fail to respond, alternative service methods may be required. If you believe your ex-partner won’t be cooperative, call us on 01793 384 029 to find out how our service can help you.
This step of the divorce process is when you find out if your spouse intends to intentionally delay or drag out the divorce.
Step 3 – 20-week Cooling Off Period
As the name suggests, there is now a 20-week pause in proceedings, designed to offer couples time to either reconcile their relationship or to discuss important aspects of divorce, such as children’s arrangements and the division of property and assets.
Step 4 – Apply For The Conditional Order (formerly Decree Nisi)
Once the 20-week cooling-off period has passed and the respondent has agreed to the divorce, you can apply for a Conditional Order using Form D84. This is a statement that you believe the facts of the petition are true.
A judge reviews the application. If everything is in order, they will set a date for the Conditional Order to be pronounced in court. This step usually takes several weeks.
Once the court has granted you the divorce, you enter into another waiting period, this time the wait is 6 weeks and 1 day.
Step 5 – Application For Financial Consent Order
It is at this point in divorce proceedings that parties can apply for a financial order to end their financial ties and outline to the court who gets what.
A financial consent order should be drafted by solicitors to ensure it reflects your exact financial agreement.
If you submit an application for a financial order at this stage, it can be approved by a Judge alongside your Final Order, making it legally binding at the point of divorce.
Step 6 – Application for the Final Order (Formerly Decree Absolute)
To end proceedings, you must apply to the court to legally end your marriage. This will usually be granted within 24 hours.
This order legally ends your marriage and enables you to remarry.
Can a divorce be contested by my spouse?
Under the previous divorce law (prior to April 2022), the person applying for a divorce needed to cite their spouse’s behaviour or use a period of separation as the reason for the divorce. Their spouse could contest these reasons and potentially delay or even prevent a divorce.
However, under the new no-fault divorce law, the ability to contest a divorce has been removed.
This doesn’t mean that you can get an instant divorce, a quick divorce in 2024 will complete within 6-8 months.
Being able to contest a divorce is one of the key changes to the new divorce law, which means that a divorce will now be granted by a Judge based only on the irretrievable breakdown of the marriage.
You can now get divorced in England or Wales if all the following are true:
- You have been married for over a year
- Your relationship has permanently broken down
- Your marriage is legally recognised in the UK (This also includes same-sex marriage)
Has no-fault divorce made it easier to get an uncontested divorce?
It is generally accepted that no-fault divorces better reflect modern relationships.
There is also the ability to submit a joint application for divorce with your spouse.
Previously the five ‘grounds for divorce’, one of which needed to be specified as evidence of the irretrievable breakdown of the marriage did not fit with the real reasons for divorce.
Furthermore, insisting on the apportionment of blame for marriage breakdown could hinder the divorcing parties from reaching a divorce settlement and may have been detrimental to mediation, as well as affecting any children involved.
The new law has retained the irretrievable breakdown of a marriage as the sole ground for divorce.
However, the requirement to specify one of the five grounds for divorce has been replaced with a simple ‘statement of irretrievable breakdown’ – thereby abolishing the requirement to administer any blame.
The basis of no-fault divorce remains the same: divorce is only possible when a marriage has irretrievably broken down.
UK divorce law does not prohibit an automatic divorce, which may come as a surprise for those believing this common myth. Being separated for 10, 15, or even 25 years does not grant you an automatic divorce.
In fact, the cost of divorce after 10 years of separation can be a lot higher compared to couples who get divorced after 2 years for example.
Here’s why you should consider using our Online Divorce Service;
- More affordable – you’ll save over £1,000 on the cost of your divorce
- No complicated form filling – we do this all for you
- Stress-free – there is less acrimony involved with no-fault divorce cases
- Everything can be done online – 24/7 online case access to track each step of your divorce
- No court attendance required – no court appearance, time off work, or knowledge of legal procedures is required
Do you need the help of a solicitor to file for divorce together?
There is no legal requirement to instruct a solicitor when getting a divorce.
In fact, there are numerous benefits to getting a divorce online when compared with instructing solicitors.
Solicitors are often used by couples as a way of receiving professional legal advice on their options and financial position.
If both parties are in agreement to divorce and have discussed their finances together, solicitors are rarely needed.
If you have complex financial decisions and/or can’t come to an agreement with your ex-husband or wife, then instructing a solicitor to help is sensible.
Uncontested Divorce Online For Under £250
This service is the quickest and easiest way to get divorced. Our team of divorce experts handles all aspects of your divorce and keeps you updated on the progress, each step of the way.
