If We Divorce, Do We Have To Go To Court?

Posted By: on 20th July 2021 | Category: Blog

A divorce in the jurisdiction of England and Wales is a formal set of legal proceedings and involves an application to the Family court, in the form of a divorce petition.

The vast majority of divorces proceed on what is known as an undefended basis. In essence, this means that it is agreed that the marriage is over. Under the current law one of five facts has to be relied upon to prove that the marriage has irretrievably broken down. This can lead to unnecessary difficulties.

Provided the divorce proceeds on an undefended basis then it will either be dealt with on paper or as part of the new online divorce process (which is not yet entirely online). All divorces in England and Wales are now dealt with at 1 of 4 regional divorce centres. The regional divorce centre for the South-East of England is Bury St. Edmunds.

In the ordinary course of event, there are no court hearings within an undefended divorce. In practice, it is therefore very unlikely that you would have to physically attend a court hearing in respect of your divorce. Typically, the process takes place entirely on paper or online and notifications are received from the court confirming the progress of the divorce either by post or email.

Positively, the law of divorce is set to change later this year with the introduction of a new no fault divorce which should make the process considerably simpler and less distressing for all.

I offer a free initial 30 minute interview with all new clients to consider their options and identify the best way forwards for them and their family.


Brighton Solicitors

Lanes End House,
15 Prince Albert Street,
Brighton BN1 1HY
t. +44 (0)1273 323231
f. +44 (0)1273 820350

Horsham Solicitors

14 Carfax,
West Sussex RH12 1DZ
t. +44 (0)1403 210200
f. +44 (0)1403 241275

Hove Solicitors

79 Church Road,
East Sussex BN3 2BB
t. +44 (0)1273 722532
f. +44 (0)1273 326347

Worthing Solicitors

5 The Steyne,
West Sussex BN11 3DT
t. +44 (0)1903 213511
f. +44 (0)1903 237053