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Essay Plan: Assess the reasons for the long term increase in the divorce rate (20)

Last Updated on January 11, 2019 by Karl Thompson

Assess the reasons for the long term increase in the divorce rate (20 )

This essay looks at social policies such as the 1969 divorce act, changes to gender roles, economic factors, secularisation and postmodernisation.  

Introduction – The divorce rate has generally increased since the 1960s. The number almost trebled in the years following the 1969 divorce act and from the mid-1970s, the divorce rate has risen steadily, although it has been declining since 2005.

Social Policy changes are the first factor that explains rapidly increasing divorce in the early 1970s – the 1969 the Divorce Act extended the grounds of divorce to ‘irretrievable breakdown’, making divorce possible even if only one partner wanted a divorce. However, this cannot explain all of the increase, since the divorce rate was rising before the act, and continued to rise for many years afterwards.

Economic Factors – We also need to look at economic factors – Increasing inequality in the UK has meant that the lower social classes now get paid less compared to rising living costs (mortgages/ bills). This means that both partners in a marriage now need to do paid work to get by, which puts a strain on the marriage which leads to higher numbers getting divorced. A positive evaluation of this is that divorce rates are higher amongst poorer families.

The New Right would claim that increasingly generous welfare benefits for single mothers is a crucial factor which allows women to divorce if they deem it necessary – because if divorce occurs within a family, in 9/10 cases, the child will go with the mother – making it difficult to find full time work – and hence benefits may be a necessary link in the chain of explaining the increase in divorce. The New Right would also see the increasing divorce rate as a sign of wider moral decline, a point of view which is not shared by the next three perspectives…

Feminism/ changing gender roles . Many commentators argue that the changing position of women in society. Is crucial to understanding the increase in divorce rates.

Women today are much more likely to be in employment today and this means they are less financially dependent on their husbands and thus freer to end an unsatisfactory marriage. The proportion of women in some kind of paid work is now 70%, whereas in the 1950s it was less than 50%

Giddens himself argues that two trends are the most important – the impact of the Feminist movement, which arguably lies behind all of the above changes, and also the advances in contraception – which allows women to avoid unwanted pregnancies – and women in marriages without children will be freer to leave those marriages. Feminists however, point out that the advances of women can be exaggerated – women still earn less than men, and traditional gender norms remain in many families.

A further set of reasons are those associated with Postmodernism . Both religion and traditional values have declined in Britain. As a result there is no longer a set of social values which force people into staying married, there is less social stigma attached to getting a divorce and so people are freer to choose to get divorced. This change reflects the declining importance of social structure and the rise of consumer culture – the idea that individuals can choose their own lifestyles. However, one exception to this might that among some Muslim communities the concept of Izaat still prevents people from getting divorced.

Late Modern Sociologists argue against Postmodernists – getting a divorce is not simply a matter of individual choice, rather the increasing divorce rate is because of the changing nature of the typical relationship.

Anthony Giddens , for example argues that the typical type of relationship is the ‘pure relationship’ … it exists solely to meet the partners’ needs and is likely to continue only so long as it succeeds. Couples stay together because of love, happiness of sexual attraction rather than for tradition or for the sake of the children. In short, we have increased expectations of marriage, and if it doesn’t work for us, then we get a divorce.

Ulrich Beck points out that divorce has increased because the typical late-modern family is characterised by more gender equality and negotiation – pleasing both partners takes a lot of time and effort, which is simply not sustainable when both partners are in paid work, which in turn explains the high levels of divorce.

By way of a conclusion , there are many different historical trends that go into explaining the increase in divorce rates – it is important to remember that social structural forces are at work – such as changes in the law, the impact of Feminism and the changing role of women, which have had the effect of making our society more gender equal and providing people with greater choice, all of which work together to explain the increasing rate of divorce.

As a final word, it is also worth noting that the divorce rate is now decreasing – which could be due to the fact that the age at which people get married is increasing – people get married after a lengthy period of co-habitation – and so are more likely to marry the right person for the right reasons!

Related Posts 

The effects of declining marriage and increasing divorce on society

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Getting a divorce or ending your civil partnership

This advice applies to England. See advice for See advice for Northern Ireland , See advice for Scotland , See advice for Wales

If you want to end your marriage, you can apply for a divorce. If you want to end your civil partnership, you can apply for a dissolution. The process is the same for both.

You don’t need to give a reason to get a divorce or dissolution - this is sometimes called ‘no fault’. 

You can only get a divorce or dissolution after you’ve been married or in your civil partnership for at least 1 year. If it’s been under 1 year you can find out how to separate from your partner .

You and your partner only need to make 1 application between you. You can send the application from:

both of you together - called a joint application

just you or your partner - called a sole application

If you’re the respondent in a divorce or dissolution application and you want to dispute it, you should speak to a solicitor first. You can find out how to respond to a divorce or dissolution application on GOV.UK .

If you need to speak with someone about your partner being aggressive

If your partner makes you feel anxious or threatened, you should get help.

If you’re a woman affected by domestic abuse, you can call  Refuge  or  Women's Aid  on 0808 2000 247 at any time. 

If you're a man affected by domestic abuse you can call  Men's Advice Line  on 0808 801 0327 between 9am to 5pm, Monday to Friday.

If you’re unsure about what to do next,  talk to an adviser .

Before you apply

You and your partner should try to agree:

how to divide any money you share

what happens to your home

where any children you share with your partner will live

If you haven’t agreed what to do with money, your home or children, you can still apply for a divorce or dissolution.

If you’re not sure you want a divorce or dissolution, you can find relationship counselling services on the NHS website .

If you have a visa to live in the UK

If you’re a dependant on your partner’s visa, you’ll lose your visa once your divorce or dissolution is finished.

You might need to apply for a new visa. If you don’t have a visa you might have to leave the UK. You can find out how to stay in the UK on a visa without your partner .

Check how long a divorce or dissolution takes

A divorce or dissolution will take at least 6 months to complete, even if your circumstances are straightforward. It might take longer if you need to sort out issues with money, property or children. These things will be dealt with separately to your divorce or dissolution.

Decide how to pay the costs

You’ll need to pay a court fee of £593 when you apply for a divorce or dissolution. You might also have other costs if you're going to use a solicitor.

You can share the court fee with your partner.

If you’re sharing the fee with your partner but you’re going to make the application, get payment from your partner before you pay the fee.  

Check if you can get help with the court fee

If you’ll struggle to pay the court fee you might be able to get help with it. For example, you might get help if you get benefits or have a low income. 

You should apply for help with the court fee before you apply for a divorce or dissolution.

If only one of you is eligible for help, it’s best for that person to make a sole application for the divorce or dissolution. If you’re making a joint application with your partner, you can only get help with the court fee if you’re both eligible. 

You can check if you can get help with your court fee on GOV.UK . 

Deciding if you need a solicitor

It’s a good idea to get legal advice before you start your divorce or dissolution. 

A solicitor can:  

speak to your partner and their solicitor so you don’t have to

represent you in court - this means they'll talk for you so you don’t have to 

make sure you get the best result

Make sure you get a solicitor who specialises in divorce or dissolution. You might need to look outside your local area.

You can find a solicitor on the Resolution website .

You can also check how to find​​ free or affordable legal help .

Check who should pay the divorce or dissolution costs

You should try to agree with your partner who will pay the costs of the divorce or dissolution. You could share the costs between you. It’s best to agree this before you start the divorce or dissolution application. 

If you can’t agree with your partner, you can apply to the court to decide. You’ll need to do this separately to your divorce or dissolution and there’ll be an extra fee. 

It’s unlikely the court would make your partner pay costs unless they’ve made the divorce or dissolution process more difficult. You should get legal advice first. You can check how to find​​ free or affordable legal help .

Steps to get divorced or end your civil partnership

If you applied for your divorce or dissolution before 6 april 2022.

The steps are different because the law changed. You can still:

get help with your divorce application on GOV.UK

get help with your dissolution application on GOV.UK

If you need advice about what to do with money, home or children, you can get help with deciding what to do when you separate .

To get divorced or end your civil partnership, you’ll need to:

Decide who should apply 

Get the information and documents you’ll need

Fill in the application 

Check how your partner will be told about the application

Find out how your partner can respond

Ask for a conditional order 

Ask for a final order - this completes the divorce or dissolution 

1. Decide who should apply 

You can apply for a divorce or dissolution on your own or with your partner. If you do it on your own it’s called a sole application. If you do it with your partner it’s called a joint application. 

You should only do a joint application if you’re sure you’ll be able to agree with your partner throughout the whole divorce or dissolution process. If you start a joint application you can change to a sole application later but the earliest you can do this is 20 weeks after the application.

If you do a sole application you’ll be called the ‘applicant’ and your partner will be called the ‘respondent’.

If you apply with your partner using a joint application, one of you will be called ‘applicant 1’ and the other ‘applicant 2’. 

If you’re going to be applicant 1 you’ll start the application and also pay the court fee. Your partner will be able to check the application before it’s sent but you’ll need to get their share of the fee from them yourself.

2. Get the information and documents you’ll need 

You’ll need your marriage or civil partnership certificate to help you fill in the details on the divorce or dissolution application - for example, the date of your marriage. If you make a mistake, your application will be sent back to you.

You can order and pay for a copy of your marriage or civil partnership certificate on GOV.UK . 

If you got married or had a civil partnership abroad

You’ll still need to provide your marriage or civil partnership certificate. 

If you no longer have the certificate, you’ll need to contact the government of the country where the marriage or civil partnership happened to get a certified copy. You can find out how to contact foreign embassies in the UK on GOV.UK .

If the certificate isn’t in English, you’ll need to get it translated. You should ask the translator to include a ‘statement of truth’ - they’ll sign this to certify the translation is accurate. You can search online for translators.

If the translator doesn’t provide a statement of truth you’ll need to get the translation certified by a ‘notary public’. This is a qualified lawyer who can check legal documents are correct. You can find a local notary public on The Notaries Society website .

You’ll need to pay any costs to get a copy of your certificate, have it translated and certified.

Getting your partner’s details

You’ll need to give your partner's name, home address and email address. It’s best to give their personal email address - don’t use a business or employer address.

If your partner is using a solicitor, get the solicitor’s name and address if you can. 

If you don’t know where your partner lives, you can find out how to divorce or end a civil partnership with someone you can’t track down on GOV.UK .

If you’ve changed your name

If your name is different to your marriage or civil partnership certificate you’ll need to explain why on your application. 

If you changed your name by deed poll you might need to provide your deed poll document with your application.

3. Fill in the application

You can apply for a divorce or dissolution online or by post. 

When you fill in the application make sure you follow the instructions and complete it carefully. There’s some things you should pay particular attention to.

If you’re worried about your partner knowing where you live

You can ask the court not to give your address to your partner. There’s a question about this on the application - make sure you tick where it says not to share your address. 

You can call Refuge or Women's Aid on 0808 2000 247 at any time. 

If you’re a man affected by domestic abuse you can call Men's Advice Line on 0808 801 0327 (9am to 5pm, Monday to Friday).

If you're an LGBT+ person affected by domestic abuse you can call the Galop National LGBT+ Domestic Abuse Helpline on 0800 999 5428 between 10am to 5pm, Monday to Friday and 10am to 8pm on Wednesday and Thursday.  

If you’re unsure about what to do next, talk to an adviser .

In the section where it asks if you’re applying for a ‘financial order, you should tick ‘yes’ - this is where the court decides what happens to you and your partner's money. 

If you have children you should also tick the box which asks if you’ll make a financial order for your children. You should tick ‘yes’ even if you don’t have any finances to sort out or you’ve already agreed things with your partner. You might need it later on to make any agreements legal or to refuse any future claims from your partner.

Ticking the financial order box won’t start an application for a financial order, but it means you can make an application in the future. If you tick ‘no’ and you remarry or form another civil partnership you usually won’t be able to apply for a financial order.

Applying online

It’s quicker to apply for your divorce or dissolution online. If you’re using a solicitor they’ll do this for you. 

apply online for a divorce on GOV.UK

apply online for a dissolution on GOV.UK

Applying by post

If you can’t apply online, you can apply by post. You can find a paper divorce and dissolution form on GOV.UK . 

You should send your form to one of the addresses on the last page of the form - which one to use depends on how you’ll pay the court fee.

You should include your marriage certificate - this can be the original or a certified copy. 

4. Check how your partner will be told about the application

Usually the court will send a copy of the divorce or dissolution application to your partner - this is also known as ‘serving divorce or dissolution papers’. 

If the court is serving the papers they’ll email a link to your partner so they can view them online. They’ll also send a notification letter in the post to you and your partner. 

If you’ve applied for the divorce or dissolution by paper form or haven’t given an email address for your partner, the court will post the papers.

If you’ve made a joint application with your partner, you’ll both get an email saying the application has been received by the court and what will happen next.

Check if you need to serve any papers yourself

You’ll only need to serve papers to your partner if you’ve made a sole application and either:

your partner doesn’t live in the UK

you’ve asked to serve the papers yourself

the court has tried serving the papers 2 times and failed 

If the court can’t serve the papers the first time, you can give them a different email or address for your partner when they try again.

You need to make sure you serve the papers within 28 days of the divorce or dissolution application. If you’re not sure how to serve the papers, talk to an adviser .

5. Find out how your partner can respond

If you’ve made a sole application, your partner will need to tell the court they’ve received the divorce or dissolution application and whether they accept or disagree with it. If they disagree, they’ll need to ‘dispute’ the divorce or dissolution. 

Your partner will get instructions by email or post telling them how to respond. They must respond within 14 days.

Your partner can only dispute the divorce or dissolution for one of the following reasons: 

the marriage or civil partnership wasn’t valid in the beginning 

they think the marriage or civil partnership has already been ended through divorce or dissolution 

they don’t think the court is allowed to deal with the divorce or dissolution - this is called ‘not having jurisdiction’

If your partner doesn’t respond to the application

If your partner doesn't respond, what you can do depends on your situation.

If you know where your partner lives you can ask the court bailiff to serve the application for a fee - you can find the form for service by a court bailiff on GOV.UK

If you have evidence your partner has received the application, you can ask the court to continue as if your partner has received it. This is called ‘deemed service’ - you can find the form for deemed service on GOV.UK

If you can’t trace your partner you can ask the court to go ahead without a response from your partner if they can’t be traced - you can find out what to do if your partner is missing on GOV.UK   

If you’re not sure what to do, get legal advice first. You can check how to find free or affordable legal help .

6. Ask for a conditional order 

You can apply for a conditional order 20 weeks after you applied for your divorce or dissolution. This is where the court will decide if your divorce or dissolution can go ahead. 

You can’t do it sooner than 20 weeks - this is so that you and your partner have time to decide you definitely want to go ahead.

The court will let you know when you can apply for a conditional order by email or post  - this depends on how you first applied for your divorce or dissolution. 

Changing from a joint to a sole application

If you and your partner want to stop making a joint application, either of you can ask for it to be changed to a sole application when you apply for a  conditional order.

The person taking over the application will become the ‘applicant’ and the other person will become the ‘respondent’. 

If you’re the person changing the application from a joint to sole application, you’ll need to send a copy of the conditional order application to your partner. 

7. Ask for a final order 

You can ask for a final order 6 weeks and 1 day after a conditional order is made. This will permanently end your marriage or civil partnership.

The court will let you know when you can apply for a final order by email or post  - this depends on how you first applied for your divorce or dissolution. 

If you haven’t agreed about your finances, pensions and home 

The final order might change how your money and home are divided between you and your partner. 

If you’re the sole applicant, get legal advice before you apply for the final order. 

If you’re the respondent or a joint applicant, you should get legal advice as soon as you can. You won’t be able to stop your partner from applying for the final order, but you might be able to ask the court to delay it. You can check how to find free or affordable legal help . 

Applying for a final order

You should apply for a final order within a year after the court said you can. If you're applying after 12 months, you’ll need to explain to the court why there was a delay. For example, you might have been sorting out finances.

If you made a joint application, either you or your partner can apply for the final order. If you made a sole application, you'll usually need to apply for the final order as well. Your partner can only apply for a final order 3 months after the court said you could apply for one. 

You can also change from a joint to a sole application when you ask for a final order. You’ll need to use a form called D36A to do this and also give your partner 14 days’ notice that you’re going to apply for the final order on your own. You can find form D36A on GOV.UK .

Proving you’re divorced or your civil partnership has ended

If you need to prove you’re divorced or your civil partnership has ended, you should show your final order. 

If you’re divorced but the application was started before 6 April 2022, the final order will be called a ‘decree absolute’ instead.

If you’ve lost your original documents, you can get a copy of a decree absolute or final order on GOV.UK .

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Page last reviewed on 13 August 2019

How we break up: an anatomy of divorce

D ivorce is a harsh word, and a deceptive one. It sounds so clear cut, so final. But divorce, as all those who have been touched by it will know, is usually a long time coming. Its ripple effects are felt by everyone involved: children, friends and family, long after the decree absolute is signed. Some of those ripple effects can however be extremely positive, if and when the hurt and loss have abated. A shedding of old skin, bringing a redefined self into the world, looking to a new future.

It is the complexity of divorce that documentary photographer Harry Borden set out to explore in his new book On Divorce . In it he talks to 47 individuals, including his own son, about their experiences and the impact of “the split”. The end of Borden’s own marriage in 2009 was “absolutely horrendous”, at least initially. “I felt completely full of shame,” he says, “and really knocked off my path. My wife and I had been a very good team together. I was really lonely and felt like a failure.” But since then “a new and astonishing friendship” has blossomed with his former wife.

Borden’s sensitive portraits and the accompanying interviews put the humanity back into the D-word. Those involved showed remarkable emotional openness. Borden says, “I admire them for being so candid after such a difficult time in their lives.” There’s a notable absence of judgment, and we see, too, how the wounded in love have a great capacity for understanding and reinvention. As Hilary, one of the interviewees says, ‘There are no rules for these things. Every divorce is as unique as the people involved.” Genevieve Fox

Harry Borden: ‘ A friendship began to blossom’

“Is there someone else?” I said it without ever thinking there might be. Two actors in a play, it seemed the logical next line. Scripted by our own parents’ dysfunction, it was inevitable we would part. If our relationship was a garden, it was now tangled with weeds, a neglected space. We had lost the ability to talk.

At first, I was numb but, as the months passed, I began to see the complacent facade I had constructed. I started to re-establish friendships, change my priorities around work and family, cede control and listen. After an intense 10-day meditation course, I saw that marriage is just a set of ideas we have about ourselves. Nothing really bad had happened. As Keith, a divorcee interviewed in my book, said, “It’s time for you to have some fun, kiss another woman, fall in love again…”

We would divide our assets 50-50. No lawyers. I could see that the best way forward was to accept that if you love someone, you want them to be happy, even if their plans don’t involve you. Almost immediately, and maybe for the first time, a friendship began to blossom.

Jane and I were so different when we married in 1995 and it’s strange to contemplate the distressed, lost souls we became. Now she’s among my closest friends; the people I phone when something big happens. I’m so lucky to know her. It astonishes me that we have reached this place. And yes, I did fall in love again…

Barbara and Jane: ‘It made me realise that things could be better’

We were together for 18 years. But it wasn’t a particularly good marriage. I think probably when I met the person who is now Jane, it made me realise that things could be an awful lot better. I knew Jane for about nine years in the male persona before she came out to me and confessed that she would really rather not be that person. There are elements of losing a person, but the same person is still there. Maybe to some of our friends, to the rest of the family, it was a bereavement, but to me it was about becoming more real. I love Jane totally.

Lesley: ‘I do question my reasons for getting married’

My first marriage was really wonderful. It lasted for 22 months. I was so in love. And then one day I no longer was. He took it reasonably well, and even helped me to move into my new flat. I went pretty much from one to the other. Number two was the total opposite, and we had many happy years. And many not so happy years. The best thing that came out of it was my eldest son.

With the third marriage, I was asked to sign a prenup, which I had no issue with, as his mum has money, which I wasn’t after. When our marriage was at the point of breaking down, we tried therapy for 18 months, but it was no good. You can compromise, but being happy is in the end what’s important.

I’m now in a very grown-up, loving, stable relationship. He’s an amazing man. I think when you get older your reasons for getting married are completely different. You’re looking for somebody who’s fun and can make you laugh, and I definitely have that.

Anupama: ‘I think his version of love is very different to mine’

I know that I did love him; I don’t know if it was the same for him. But I do think his version of love is very different to my version of love. I think his idea of a relationship is: he’s a provider, he’s happy to look after you, but emotionally he will always be quite distant.

When Kate and I first started dating, I told her right away that “My ex and I are still living together,” and so there has never been a layer of deceit in all of this. My daughter loves Kate, she absolutely adores her. And Kate loves my daughter, too. Often, all of us go out together; it was my daughter’s birthday recently and the four of us went for a meal and had a lovely time. We are a really strange family – but it works.

Jonathan and Hilary: ‘I betrayed her badly, and that’s hard’

Jonathan: I was with Hilary for 11 years. It was a tender and very happy relationship. But I happened to meet Angie – and I simply fell in love.

Breaking up was the hardest thing, it was terrible. I felt so guilty. I was brought up to be honest and reliable, but I betrayed her badly, and that’s hard.

I’m really pleased that Hilary moved on and found somebody else and is happy. But what I’m most pleased about is that we remain good friends – I think there’s a depth of affection there that will never go. If you love somebody and have a deep bond with them, it’s forever.

Hilary: I never stopped loving Jonathan. But I realised eventually that he had fallen in love with someone else, so it was just not going to work with us being together. With time, I realised that even though I missed him, he hadn’t died. So, there was no reason why I couldn’t carry on seeing him! There are no rules for these things. Every divorce is as unique as the people involved in it!

Annette: ‘It became obvious that we had little in common’

My parents split up when I was two and I had a very disrupted childhood. As I grew up, all I wanted was to have a happy, settled family life.

When I first met Julian, I fell for his kindness and his sense of freedom. I knew that we were totally different but when you’re young, you think you’re invincible. But increasingly it became obvious that we had very little in common. We didn’t like seeing the same friends and had no pastimes we enjoyed together. He became more eccentric and, I suppose, I became more conventional.

It was Julian who made the first move. It was the divorce from hell – and tough on the three children. He told me that he didn’t mind if I got a boyfriend – and that he might find a partner for himself. The divorce took three years. I became quite ill during it.

Sadly, Julian died a few weeks after Harry took the photo. He and his wife spent his last Christmas with us, and we all played games together and shared lunch on Christmas Day.

Jeremy: ‘I’ve been married to a woman and now a man’

I had mostly dated men before I fell in love with my ex-wife. I was very open about it and so I didn’t have to be secretive about my past with anyone. After we divorced, I only had relationships with men. I am clearly more gay than straight. Although I’ve never felt the need for my sexuality to be categorised.

Perhaps it was easier for my ex-wife that I only dated guys after we split up. It’s not for me to say. I think she was more interested in the type of person I chose rather than their gender. I didn’t plan to be married again, but here I am. So, I’ve been married to a woman and now I’m married to a man. Some find it confusing. I just feel incredibly lucky that I have them both in my life.

Michael: ‘I think premarital counselling is essential’

It’s about a year and a half ago that we got divorced, we were married for just over eight years. We ended up arguing over the smaller things. Initially after we had separated, I arranged some counselling for us. We had a few sessions. Unfortunately, it didn’t really help.

I feel very strongly against divorce unless it’s completely necessary. Looking back, the issues that we had could have been worked through. So, I’m a huge advocate of counselling. I think premarital counselling is essential. When I think about it practically, I tried my best. In hindsight there’s many things I guess I could have done differently in the marriage, but overall, I try not to look back in regret.

Jen and Davide: ‘We don’t have any secrets now’

I just remember being completely obsessed with him straight away, which sounds really weird, but I suppose that’s what 15-year-old girls do, isn’t it? We were still so young when we married for the first time.

I was a completely different person the second time. I honestly would never have thought in a million years that Davide and I would have got back together again after that painful divorce. But it’s going so well. Expectations have changed, and we have grown a lot on both sides.

He is definitely my best friend. We don’t have any secrets now. I heartily recommend remarriage to your ex.

Mary: ‘I didn’t expect to fail – and I haven’t’

We had four children in nine years. In Ghana they see it as the woman’s job to get on with it, whatever the circumstances. I tried to make it work. But when I got a teacher’s job, I knew I had enough money to separate.

In Ghana, women are very strong. My grandmother was a role model. She didn’t see anything as a problem. If my temperament had been different, things would have been different of course, but I just got on with it. I didn’t expect to fail – and I haven’t.

With divorce, attitude is everything. There’s no need for acrimony between the two parties.

Sam and Harry – divorce lawyers: ‘It’s more nuanced than people think’

Sam Any relationship is a choice. That’s an active choice both people make, every day. If one, or both, get to the stage where that choice doesn’t make sense any more, it’s OK to move on. We need to shed the stigma of divorce. There are hard-wired beliefs that are wrong, such as that divorce is bad for children. In fact, it’s much more nuanced than that. All the research shows that what can cause children emotional harm is exposure to entrenched conflict. That can happen in a bad divorce, but it can also happen in a deeply unhappy marriage. Divorce can be the healthy choice.

Harry I didn’t start off as a lawyer wanting to do divorce, but I now love it. It’s a huge privilege to be able to talk to people about such difficult things – and to try to help them out at possibly the worst moment in their life. There’s an old canard that you see the worst of people when they’re getting divorced, but I don’t think that’s true. What you see above all is pain. People are also capable of great generosity; they can continue to love and care for someone they no longer want to live with or who has betrayed them badly. It’s remarkable.

In so far as I have a philosophy as a divorce lawyer, it’s “avoid court” and “remember that there were reasons why you once liked each other”. Even after you separate, even after the ink is dry on the court order, you’re still a family. And that’s never truer than when you have children.

What people need are friends, then therapy. Then perhaps time. We’re here as the last port of call.

Lucia: ‘Hurt always comes with an opportunity’

I’m from Uruguay. He’s from Colombia. We come from different cultures, but most importantly, from radically different families, with different childhoods and life experiences. For a long time, we lived largely independent lives and never fully experienced how fundamentally different we were. When we had our children, however, we realised that we couldn’t understand, respect or be with each other any longer.

Failing at the relationship with the father of my children has been tremendously painful. At the same time, it’s been the most transformational and affirming journey of my life so far. I’m a better mother, a more confident woman and a happier human being as a result.

Hurt always comes with an opportunity. However paradoxical, I believe it has been a gift and a meaningful life lesson for our children. They’re our lives and every day we work hard to give them a beautiful life. And they’ve learned that if they aren’t loved and accepted for who they are, they deserve more; they don’t have to settle for less. Even if it’s frightening, there’s always the choice to give up and walk away.

On Divorce: Portraits and Voices of Separation – A Photographic Project by Harry Borden is published by The School of Life on 7 September at £18. Pre-order it at waterstones.com or buy it for £16.71 at guardianbookshop.com

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A guide to divorce.

Deciding that your marriage has ended can be difficult. This guide is designed to give information about the law and procedure on divorce.

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Families: Changing Patterns of Separation and Divorce

Last updated 27 Sept 2019

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It is much easier to find out information about divorce than it is separation. Divorce greatly increased after the 1969 Divorce Reform Act. This legislation made getting a divorce much easier and took away the need to prove that someone was at fault. It also made it equally easy for a woman to obtain a divorce as a man.

Possible reasons for the rapid increase in divorce rates include:

• Legislative changes . The 1969 act is one of a number of reforms that have made divorce easier over the years and have seen a subsequent increase in divorces.
• Secularisation . While people have taken vows such as “what God has brought together let no man put asunder” divorce is a very big deal. But it might seem less so when it is viewed more as a legal contract that can be legally terminated. Also there is less religious or social stigma attached to being a divorcee than there used to be.
• Female emancipation . In the past women would fear divorce because of the financial risk of losing their husband. Today however women are much more likely to have independent finances and be able to manage on their own.
• Child support . Furthermore, women know that men will be expected to pay maintenance to their children.
• The pure relationship . Again Giddens’ concept of the pure relationship and people using relationships as part of their self-identity and experiencing serial monogamy is highly relevant here. People do not necessarily expect their marriages to last forever but rather seek perfection.

Evaluating sociological explanations of rising divorce rates

• It is certainly true that changes to the law that increased the accessibility of divorce greatly increase the divorce rate. What is less clear is whether it greatly increased the rate at which marriages broke down. If people could not get a divorce, then clearly that was not an option, but people still separated, or indeed lived separate lives in the same home. It is harder to find any statistical support for this and would require careful analysis of census returns to find evidence of separation, and there really is no way of accessing historical separation under the same roof. Similarly, there are plenty of recorded cases of bigamous marriages from before the Divorce Reform Act, where people separated and remarried as if they had divorced (and clearly many of these will not be recorded, especially if the second relationship did not involve a registered wedding).
• As such, we cannot be sure whether the other factors mentioned really have had a big impact on marital breakdown as we cannot quantify with any certainty how much marital breakdown has increased, only that there have been a lot more divorces.
• Divorce Rate
• Divorce Reform Act 1969

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Research the best divorce solicitors & family lawyers in your area

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• Grounds for Divorce 1
• Paying For Divorce and Divorce Costs 2
• Divorce Forms and Documents 3
• Separation 4
• Divorce Process 5

13 minute read

• Divorce Forms and Documents

It’s useful to have a good knowledge of the main forms and documents you’ll need when going through the divorce process. Keep reading for your complete guide to divorce forms, including Form E, Form A, Form D8 and Form C100.

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What are the main forms/paperwork required in a divorce?

The main forms that are completed before or during a divorce. Some are mandatory (form D8) and some are required for specific purposes:

• Form D8 (including joint application)  (divorce, dissolution or (judicial) separation application) – the form that you complete when you want to apply for a divorce
• Form D8B  (answer to divorce application) – this form is completed by the recipient if they wish to dispute the divorce application
• Form D10  (response to a divorce, dissolution or (judicial) separation application) – the form that is sent to the spouse of the applicant when the court receives the divorce petition
• Form A  (application for a financial order) – the form you complete when you are applying for financial provision, such as a financial order
• Form E  (financial statement) – the form that details all your income, expenditure, assets and liabilities when applying for a financial order
• Form C100  (application for child arrangements order) – the form that is completed when you want to create legally binding rules regarding the care of children
• Form FM1  – a form that confirms you have attended a mediation session or that mediation is not applicable in your case.

What documents could you bring to your meeting with a solicitor?

Being properly prepared for your divorce or dissolution will help you navigate the process. If you have arranged an initial meeting with a solicitor to discuss your case, it will help if you take along the following documents:

• Full name and address of both parties
• Names, dates of birth and school details for all your children
• Your marriage certificate or a certified copy (can be obtained from the Register of Births Deaths and Marriages local to your wedding)
• Employment details
• Financial details, such as: income, value of any property, remaining mortgages/loans, any assets including savings and pensions, any debts including credit cards and loans
• Details of your current expenditure to give your solicitor an idea of your lifestyle
• Details of any previous divorces or court orders if you have been married before.

The more information that you can provide to your solicitor at the initial meeting, the better. This helps your solicitor to understand your situation and provide advice.

It’s recommended that you don’t take young children to meetings with your solicitor. As well as making it difficult for you to completely focus on the matters in hand, there may be issues discussed that you don’t want them to hear.

Documents you will need – your original marriage certificate

When you apply for a divorce or dissolution you must send your original marriage/civil partnership certificate.

If you don’t have it, you must apply to the Registrar of Births, Deaths and Marriages closest to the location of your wedding for a ‘certified copy’. The court will not accept a photocopy of your marriage or civil partnership certificate, even if it has been certified by a solicitor.

If you married or entered into a civil partnership outside England and Wales, you will need to obtain a certified copy from the country where you got married. You’ll also need to file a translation if it is in a foreign language – consider speaking to the English embassy of the country where you got married/entered into your civil partnership for assistance.

If you are seeking a divorce, dissolution or (judicial) separation you will have to complete Form D8. The information that you supply on this form will be used by the court to determine whether you can legally end your marriage or civil partnership.

The D8 form has 10 sections which you must complete.

What are the Form D8 sections?

Section 1 – your application

What you’re applying to do, what supporting documents are you providing, and whether it is a joint application.

Section 2 – about you

Your personal details such as name, address and date of birth, and details of your solicitor (if you have one).

Section 3 – about the respondent (or applicant 2)

Your partner’s details such as name, address and date of birth and their solicitor’s details (if you know this).

Section 4 – details of your marriage or civil partnership

When and where your marriage took place.

Section 5 – jurisdiction (why the court can deal with your case)

You must confirm some details about your marriage, so the court can determine it has jurisdiction to deal with your case.

Section 6 – Statement of irretrievable breakdown (the legal reason for your divorce of dissolution)

You must state that your marriage/civil partnership has broken down irretrievably in order for the court to make an order. In a joint application, applicant 1 and applicant 2 each makes a statement by ticking the box that applies to them:

‘I confirm that my marriage or civil partnership has broken down irretrievably’

Section 7 – Existing or previous court cases

Here you will need to confirm whether there are any existing or previous court proceedings relating to your marriage or civil partnership or affecting its validity (including any existing or concluded court proceedings overseas). If so, you must provide the case number and a summary of the existing or previous court proceedings.

Section 8 – Dividing your money and property (orders which are sought)

In this section you can set out which financial orders (if any) you are looking for. You can apply for orders for yourself, and/or any children.

Section 9 – Summary of what is being applied for (prayer)

This is where you can set out what you, and in the case of a joint application, your spouse are applying for. This includes that the marriage/civil partnership is dissolved and any financial orders.

Section 10 – Statement of Truth

This sets out that all the information you have given in the divorce application is true.

Returning form D8

When you have completed the form, you must return it to the court. You must include:

• Three copies of the D8 form
• An original or certified copy of your marriage certificate
• The court fee.

You use this form to tell the court about the arrangements you have made with your spouse for the care of your children.

You can tell the court where you intend that the children will live, provide details about their schooling, supply contact proposals, and outline any health problems or special needs that your children have.

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If relevant, please include below the name of the other party (so the solicitor can check they have not already provided advice to your partner):

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What if my ex-spouse doesn’t agree to the divorce? More about Form D8B

If you have received a Form D8 divorce application and you want to dispute the divorce, you can only do so on limited grounds using form D8B.

You would use this form if you do not agree that the courts have jurisdiction to deal with the proceedings, if you can prove the marriage or civil partnership was never valid or if the marriage or civil partnership has already legally ended. These are the only grounds for disputing a divorce application.

There is a court fee for making this application.

If your spouse/civil partner has filed for divorce and you live in England or Wales, you will receive a copy of the D8 form which shows that they have completed the divorce/dissolution application.

Alongside this you will receive another form, D10 – Respond to a divorce, dissolution or (judicial) separation application.

You must complete Form D10 and return it to the divorce centre that issued it, within 14 days of receipt. Even if you don’t agree with the divorce and you wish to dispute it (only possible on very limited grounds), you or your solicitor must still return the form.

When you’re seeking a divorce/civil dissolution, splitting your financial arrangements can often be one of the most difficult issues.

Whether you think you can reach an agreement with your spouse about how your assets should be divided, or you want the court to make the decision for you, providing honest and frank disclosure of your finances is a key part of the process.

If you want to apply to the court about financial matters arising from a divorce (or dissolution) then you would use Form E.

Form E is a detailed document which is used to outline your financial position. It can also be used by solicitors as a means of ensuring that both parties give the same amount of detail about their finances even when there are no court proceedings.

Form E requires you to provide details of your:

• Income – income from all sources
• Assets – including property, savings and other investments
• Pension income
• Future outgoings

Alongside Form E you should supply documents which evidence the figures you have detailed. You’ll need to provide 12 months of statements for all your bank accounts and documents detailing all of your savings, plus assets such as any property, insurance, pension or endowments.

When is Form E required?

If you are applying to the court to deal with your financial matters, then you will need to complete Form E.

If you are hoping to negotiate a settlement without going to court, Form E is still a useful tool to highlight all the elements that need to be considered before you reach a financial settlement. Your solicitor (or your spouse’s solicitor) may ask you to complete the form ‘informally’.

What are the Form E sections?

Form E is quite long and contains 28 pages before you start adding in your evidence to support the figures. Information you will have to provide includes:

Section 1 – general information

Your personal details such as name, address and date of birth.

Section 2 – financial details

You will have to provide details of:

• Property and other personal assets such as savings, investments and personal effects
• Liabilities
• Business assets and directorships
• Income from employment
• Income from other sources (self-employment, partnership, investments)
• Your income needs
• Your capital needs
• Significant financial changes likely to occur in the next 12 months
• The orders you are seeking.

If you or your spouse has a new partner since you separated, you will be required to disclose some information about their financial position if you are aware of it.

You will then have to sign a statement of truth to confirm that the information you have provided is correct.

Sharing full details of your assets with your spouse is necessary so that you can come to an agreement about how to fairly split your finances. If you reach a financial settlement and one or both of you have failed to fully disclose your financial situation, the case could be re-opened, and the financial settlement may be altered. If you’ve not been honest, you could find yourself paying legal fees and court costs on top of a less favourable settlement

How can I make sure I have completed Form E correctly?

If you have failed to complete Form E in full, or the form is poorly drafted, you may be asked for additional details in a ‘schedule of deficiencies’. If this happens you can incur additional costs.

Failing to complete Form E correctly can also raise suspicions that one party is not being frank and honest in their disclosure and is trying to conceal assets. Your solicitor will advise you on the level of detail required before you submit it.

It’s important that you provide:

• The current value of any assets, including investments and property
• Details and statements for all and every bank or savings account held
• Up-to-date mortgage redemption statements showing the amount owed and a current list of all liabilities
• Details of any assets worth more than £500
• Full details of all pensions, alongside a cash equivalent
• All sources of income – from employment, self-employment or investments.

What if my spouse refuses to complete Form E?

The front page of Form E outlines the consequences for not completing the form:

“You have a duty to the court to give a full, frank and clear disclosure of all your financial and other relevant circumstances. A failure to give full and accurate disclosure may result in any order the court makes being set aside. If you are found to have been deliberately untruthful, criminal proceedings may be brought against you for fraud under the Fraud Act 2006.”

The court will typically give your spouse an opportunity to fully complete the form. However, if they decide they have wilfully breached the order they could be sentenced to a period of imprisonment.

If you and your spouse cannot reach agreement about how you split your finances (through lawyer-to-lawyer negotiation or mediation) you may have to ask the court to decide for you.

To do this, you have to complete Form A. This form should be completed if you are applying for financial provision, such as a financial order or other financial remedy.

Form A and the court fee should be sent to the court that is dealing with the divorce. It can be sent at any time after the divorce petition has been filed. After it is received, the court will issue proceedings.

This can be a lengthy process and various things need to happen before the final hearing. There are plenty of opportunities to negotiate and agree a settlement prior to the final hearing.

When you are trying to resolve issues relating to your children, you may consider engaging in mediation (unless there are exceptional circumstances). Mediation can be an effective way to resolve disputes in this type of case.

If this is unsuccessful, or mediation is not an option, then a C100 form is the court form used to apply for custody of your children. If you want to apply for a residency order for your children, you will use the C100 form.

What can the C100 form be used for?

The C100 form can be used for the following types of court order:

• Child Arrangement Order – an order that covers your child’s residency and contact. This order determines where your child lives and also covers who your child spends time with (this was previously known as residence and contact orders).
• Specific Issue Order – an order that gives direction in respect to a specific issue of parental accountability. Examples include whether your child should change their name and decisions relating to their education.
• Prohibited Steps Order – an order that prevents a parent from making a decision about your child’s upbringing. Examples include taking your child abroad or preventing someone from having contact with your child.

How do you use a C100 form to get your order approved?

You and your ex-partner complete the C100 form, ticking the box that confirms you want to legalise your contact order. There is no requirement to prove that you have attended mediation.

You then send the C100 form to the court along with the court fee. There is normally no hearing; instead a judge will approve your consent paper and make it legally enforceable if they find your decisions are in your child’s best interests.

For certain applications to the court, you must first attend a Mediation and Information and Assessment Meeting (MIAM). Form FM1 must be completed, except in certain exceptional circumstances (see below).

The FM1 form should be completed and signed by both yourself and your mediator. This confirms that you have been present at MIAM meetings and provides evidence to the court that such meetings have been completed.

If you have not attended MIAMs then the mediator will complete part 2 of the FM1 form to explain why.

In certain, exceptional, cases, there is no requirement to undertake MIAMs meetings. For example, it could be that there is no dispute to resolve. It may also be because there has been an allegation of domestic violence which has then led to the police taking action, where there are child protection issues, or when parties cannot be located.

Noticed an error on this page or something broken? If so, please email us at support[at]wiselaw.co.uk.

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Kaleel is an experienced specialist family law solicitor, praised by The Legal 500. His expertise encompasses all divorce matters, financial disputes between couples and families, cohabitation issues, relationship agreements, and children matters. He is the head of the firm’s Islamic Legal Services and provides Sharia law compliant family law advice to Muslim clients in the UK and internationally. He is an empathetic litigator and children’s law specialist, focusing on domestic and international relocation cases and offers particular skill and experience in parent cases involving allegations of abuse or addiction.

Rebecca Muirhead

A specialist in family law and divorce matters, Rebecca is widely regarded for her ability to think creatively and commercially to get the best results for her clients. She advises on all issues relating to divorce and separation, disputes regarding children, financial negotiations between couples including those with complex structures and assets, international family matters, and relationship agreements such as pre/post nups and cohabitation agreements. Her record in family law led her to previously being listed as a Recommended Solicitor by The Legal 500 and her being part of the firm’s family team that were finalists in the 2023 Family Law Awards. Rebecca offers her clients a detailed understanding of family law and how to apply it, alongside a compassionate and yet results-oriented approach. She has been described by clients as “a great source of guidance” and as someone who provides “down to earth, practical advice”. As part of Rebecca’s aim to reach swift and fair solutions for her clients, she is a trained collaborative lawyer and a member of Resolution and sits on the regional Resolution committee.

Bringing a common sense, intelligent and focused approach to all types of family dispute, Kim is an accomplished and experienced family law expert and mediator. With an enviable reputation at this multidisciplinary law firm, she is respected for her calm and pragmatic manner when dealing with family law cases, with clients welcoming her constructive approach to the resolution of disputes. Her caseload has led her to develop significant expertise in family finance issues relating to property, investments, pensions and businesses as well as negotiating and drafting pre-nuptial and post-nuptial agreements where there are substantial UK and international assets. Kim also frequently provides advice and assistance in children matters and works sensitively with parents to ensure the children are protected, and affected as little as possible by the changes they are facing. Kim has been recognised as a ‘Recommended Lawyer’ in The Legal 500 and her team was a finalist in the 2023 LexisNexis Family Law Awards for ‘Family Team of the Year’. She is also a former Chair of the local Law Society Family Committee.

Louise Richardson

Louise offers extensive experience in family law and a wealth of strategic and tactical knowledge accumulated during her 30 years in the profession. Specialising in divorce, the financial aspects of relationship breakdown, children matters, and relationship agreements, Louise advises all types of client who require her expertise – from individuals with significant or complex assets, through to those with more straightforward relationship matters who nonetheless require expert guidance. Louse’s approach is to offer pragmatic and measured advice so her clients can clearly see the options open to them. This is coupled with the tenacious pursuit of representing her clients’ best interests fairly and robustly as needed to reach a successful outcome. In addition, Louise has developed extensive relationships with professionals she can call upon as needed, including barristers, pension experts, accountants, and therapeutic experts. Louise is also a trained collaborative lawyer.

Family Law Glossary

Legal terms used on this page

Advocacy is the act of the solicitor (or more typically, a barrister) putting their client's case to the court. This may happen if a case cannot be resolved via negotiation between the clients’ solicitors (e.g. a divorcing couple cannot come to an agreement on how their finances should be divided), and so the case may then have to go to court in order for a judge to enforce a solution.

The formal declaration that a marriage is void and that it has never taken place in the eyes of the law. Sometimes called 'nullity'.

A lawyer who specialises in representing people or organisations in court. They can also provide specialist legal advice.

The Child Maintenance Service (CMS). The CMS is the body that governs the payment and receipt of child maintenance payments for separated and divorced parents.

A child arrangements order is a court order that defines who is responsible for the care of a child, including who they live with and how often the child will have contact the parents. This type of order can be necessary if the parents cannot agree on how to share the care of their child/ren

The act of living together, typically as a unmarried couple. Unmarried couples cohabiting do not normally have the same rights as married couples.

An agreement setting out how spouses will divide their assets when they divorce.

Consent from the court to take a child out of the country. You will require leave to remove if the other parent does not give you permission to take your child overseas.

Legal Aid is available in family law cases for individuals who meet certain criteria. That criteria includes: there is evidence from a professional that there is domestic abuse of a partner or child; Social Services have issued court proceedings against a parent; an application for a non-molestation order has been made (e.g. due to domestic violence).

The process of taking legal action through the court apposed to negotiating a resolution between the parties directly or between their solicitors.

The formal declaration that a marriage is void and that it has never taken place in the eyes of the law.

A prohibited steps order is a court order usually applies to a parent and prevents them from conducting certain activities with their child/ren who are under 16 years old (such as preventing the parent from removing the child from school, or them taking the child abroad, or changing their surname). It also prevents the parent from exercising their parental responsibility.

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The best divorce & family lawyers near you, your nearest results:.

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• Westminster
• Crosby & Formby
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• Northampton
• Newark-on-Trent
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Divorce and civil partnership dissolution forms

Forms to apply for a divorce, dissolve a civil partnership or legally separate, including the D8 application and financial order forms.

This page is available in Welsh (Cymraeg) .

You can also search by title or form reference .

Divorce, dissolution of civil partnerships, judicial separation and separation orders – for applications made after 6 April 2022

Use these forms for:

• new applications
• applications submitted and issued after 6 April 2022
• 21 March 2024
• 1 April 2014
• 1 April 2012
• 1 November 2014
• 13 October 2022
• 18 May 2022
• 21 December 2020
• 21 July 2023

Divorce, dissolution of civil partnerships, judicial separation and separation orders – for applications made before 6 April 2022

Use these forms for applications submitted and issued before 6 April 2022.

• 1 April 2011
• 6 April 2022
• 1 October 2016

Financial orders and maintenance

• 6 January 2023
• 1 January 2018
• 31 December 2020
• 6 April 2023
• 1 January 2016
• 1 February 2016
• 23 January 2023
• 12 April 2024
• 20 January 2023
• 6 July 2020
• 20 October 2023
• 10 October 2023
• 15 July 2022
• 25 July 2023

Claiming costs

Categories added to the collections page: financial orders and maintenance; annulment; and claiming costs.

First published.

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