Most marriages don’t end up in expensive and drawn-out court battles. In an uncontested divorce the partner that receives the divorce papers accepts that the marriage has broken down and cannot be repaired and does not dispute the divorce.
An uncontested divorce removes some of the emotional toil from a divorce and allows a couple to divorce amicably. It’s also cheaper than a contested divorce and allows for a much quicker resolution. When spouses agree on all the important issues involved in a divorce, an uncontested divorce is usually suitable.
In this guide, we look at the eligibility criteria for an uncontested divorce, outline the benefits, consider the steps involved and cover some key legal considerations.
We’ve written this for:
Individuals seeking a divorce in England and Wales
Couples looking for a straightforward, amicable divorce process
Eligibility criteria for uncontested divorce
Both parties must agree to a divorce and the reason for it to be eligible for an uncontested divorce in the UK. There cannot be any disputes about finances, childcare or custody matters.
Other key requirements include:
Marriage duration – you must have been married at least one year
Proof of irretrievable breakdown – you must state that your marriage has irretrievably broken down
Legal marriage – your marriage must be legally recognised in the UK
Residency – you or your spouse must consider the UK your permanent home
How does no-fault divorce impact uncontested divorce?
No-fault divorce came into the law when a change was made to the divorce law in England and Wales in April 2019. It is a simplified approach to divorce and ending a civil partnership which removed the requirement to assign blame in divorce.
Under no-fault divorce, couples can get divorced amicably and quickly with relatively little paperwork.
No-fault divorce rules now mean that the respondent, the person who receives the divorce papers, no longer has the option to contest a divorce, however, it is possible to dispute the application.
Can you get divorced without going to court?
Yes, uncontested divorces can be processed by the courts on paper and there’s no requirement for either party to make an appearance in court. As long as both parties agree on significant issues, the judge will review the documents and approve a divorce without a hearing.
Benefits of an uncontested divorce
There are several benefits of an uncontested divorce which make them a popular and practical choice for mort couples that want to divorce amicably and look to the future.
The most common benefits are:
Cost-effectiveness – an uncontested divorce is significantly cheaper than a contested divorce as there are no lengthy legal battles and the associated costs
Faster resolution – when there is a legal battle divorces can take many months and even years to resolve. Uncontested divorces can be resolved relatively quickly, in as little as 4 months
Reduced emotional stress – uncontested divorces are amicable. Some of the prerequisites for this form of divorce are both partners agreeing that the marriage has broken down irretrievably and neither party disputes the divorce. Additionally, both parties have to agree on major issues, this removes stress
Greater control over outcomes – spouses have more control over the outcomes, giving them a sense of empowerment during the process
What are the steps to get an uncontested divorce?
By following this step-by-step guide, you can break down the process of uncontested divorce into manageable tasks, and remove the burden from your shoulders during a difficult period.
Initial consultation and legal advice – it’s important to determine whether divorce is the right option for you, an experienced divorce solicitor can guide you on the right option for you before you make such a big life-changing decision
Filing the divorce petition – is the first step in seeking an uncontested divorce in the UK. It’s a legal document that outlines the grounds for divorce and claims for financial support and property division. Mistakes or incompleteness when filling out the paperwork can lead to delays in the process
Respondent’s role and agreement - when the petition it is filed to a spouse, they are given the opportunity to respond. If they agree then the process can continue
Applying for a conditional order – after the petition has been filed with your spouse and they have acknowledged the service you can apply for a Conditional Offer. This is a legal document that confirms there are no legal reasons you can’t get divorced. You need to fill out a form, and pay a fee to apply. Once the form is processed the court sets a date for the Conditional Offer to be given in court
Applying for a final order – the Final Order legally ends a marriage and makes a divorce official. You need to fill in Form D36 to apply for a Final Order. You may have to attend a hearing, this depends on your circumstances. When the Final Order is granted, you will receive a certificate of divorce confirming your single status
How long does an uncontested divorce take?
Uncontested divorces are a relatively quick process. They can be resolved in as little as 4-7 months, depending on the complexity of the case. There is no one-size-fits-all approach, the time It takes will vary between couples.
When there are financial matters to resolve, the process can take significantly longer, this is especially true when financial matters are contested or reaching an agreement is difficult.
Legal requirements and considerations
In the emotionally challenging process of divorce dividing up your shared assets and liabilities can be one of the biggest hurdles to overcome.
It can be tough to decide what to do with assets that you’ve built up together, and you also have to decide how to treat personal assets.
During the divorce process there is a requirement for both spouses to provide a full and frank financial disclosure.
In practice, this means that each partner must provide a full list of their assets, liabilities, income and expenses.
Financial disclosure is made through Form E which is a legal document detailing the matrimonial pot. Using this the court assesses the financial resources of both parties to make decisions about what each is entitled to in divorce, make arrangements for child maintenance and other financial arrangements.
Form E can include the following information:
Property valuations
Bank statements
Payslips
Pension statements
Both spouses must provide a full financial disclosure as failing to can lead to severe financial
consequences. The court can hand out fines, open financial negotiations and rule against
the non-disclosing spouse.
It is important that the divorce petition is correctly served. This is because uncontested divorce in the UK relies on a spouse being given notice of the intention of their spouse to get a divorce and being given a chance to respond is crucial.
There are a few ways to serve divorce papers:
When the petition has been correctly served, records should be kept to prove that a spouse has received the petition and avoid delays.
If a spouse cannot be located or is unwilling to receive papers you should seek legal advice on the best method of serving paper. By serving papers properly to your spouse you ensure that the divorce process can proceed smoothly.
Mediation, a form of alternative dispute resolution, can be used when there is a dispute between partners about divorce. This is an informal form of dispute resolution that aims to foster constructive discussions and avoid the need for court battles.
In divorce mediation, a mediator works with couples to address all the issues involved in a divorce, including asset division, custody arrangements, maintenance payments and child support.
How much does an uncontested divorce cost?
The cost for a licensed solicitor to help with an uncontested divorce is dependent on many factors including the complexity and specific requirements of the case. On average, it is expected to range from £400-£450 but in some cases, it could cost as much as £500.
Legal services for uncontested divorce
Uncontested divorces take the strain out of divorce, are much cheaper than the alternative and avoid lengthy and expensive court battles.
For guidance on finalising your uncontested divorce get in touch with our experienced family law team for a free consultation.