Every divorce is different, but in terms of how they are negotiated and how much is spent, they fall into seven main types
If you know what your options are, it will help you to figure out which type best fits your situation. Then you can take your next steps confidently and seek any specialist advice you might need.
1 The no-fault divorce
In April 2022, divorce law in England and Wales changed in a big way by introducing the ‘no-fault’ divorce. Now, couples can get divorced without having to give a reason why. No blame is given to either side, you don’t need to prove one of the five grounds for divorce – adultery, unreasonable behaviour, desertion, or living separate lives for two years with consent, or five without – and the divorce can no longer be contested.
2 The DIY divorce
Sometimes called a ‘collaborative divorce’ or a ‘kitchen-table divorce’, this option is good for people keen to avoid solicitors. A do-it-yourself divorce takes its name from both parties planning the divorce together. If your finances are straightforward and you don’t have children or can easily agree on where they should live, it can be a cost-effective way to dissolve your marriage. You simply download and fill in the forms yourself. But be careful, because when more complicated finances are involved – such as a shared business, pensions or high-value assets – a DIY approach could mean that one of you agrees to something that is unfair. Some people find it best to do everything themselves but then pay a solicitor to check their agreement and confirm it’s reasonable before submitting the financial order to the court for approval.
3 The mediation divorce
If you and your ex-partner need help to agree the terms of your divorce, you may want to use a mediator. This is someone who doesn’t take sides or offer counselling. They’ll simply try to help you split money and assets fairly. Some couples find an impartial third party helps the process feel calmer and more balanced. It’s also faster and cheaper than going to court. Your first step is to find a mediator and go to a mediation information assessment meeting (MIAM). At that meeting, they work out if mediation is the right approach for you. Remember, the document you agree to at the end of mediation isn’t legally binding unless you get a court to approve it.
4 The court divorce
When divorcing couples can’t reach an agreement on how to split their finances, they can ask a court to decide their financial order. This is a document decided by the court that outlines how savings, pensions, property and investments must be divided. It may also cover things like child maintenance. There is usually a long period of communicating through solicitors prior to court hearings, and this approach can be costly.
5 The international divorce
If you and your ex-partner live in different countries, you’ll need to learn about the various systems you can use to get divorced. For example, if you’re in different UK nations, you should speak to a solicitor about how this might affect your financial agreement.
If yours is a UK-EU divorce, you need to know that since Brexit, EU laws for family proceedings don’t apply in the UK. This may have an impact on divorce terms and child maintenance. You are likely to need a solicitor for guidance on your specific situation.
If you or your ex-partner has a connection with a non-EU country, you will need to think carefully about where to start the divorce proceedings. It’s a complicated topic because different countries have different laws. The best place to start is by finding a solicitor with expert knowledge about the country you’ll need to get divorced in.
6 The separation
A legal separation (sometimes called a judicial separation) is an option if you haven’t decided whether or not you want to divorce just yet. You can also take this route if you’ve been married for less than a year, or you don’t want to be together but don’t want to divorce. You can make a joint or sole application. Alongside the application, you can draw up a separation agreement – this is a document you and your partner have that outlines how you’re going to approach finances, the family home, child maintenance and childcare. It’s a flexible way to set some clear terms and boundaries for your relationship while you live separately. If you approach it fairly and thoroughly, it is a useful document to have when you do come to negotiate your divorce, even though it’s not legally binding.
7 The annulment
If you’ve been married for less than a year and want to end the relationship, you can apply for an annulment. To do this, you’ll need to prove the marriage was never legally valid in the first place – sometimes called ‘voidable’. To be voidable, you’ll have to prove that one of you did not consent to the marriage, the marriage is not consummated, your spouse had an STD or was pregnant by someone else when you got married, or is transitioning to a different gender.
Read our advice to find the best options for your situation
- Discover how a divorce mediator may be able to help you – and how to find one
- How to choose and work with a divorce solicitor
- Why you should avoid the divorce courts if possible
