Deciding to end a marriage is never easy, and understanding the different types of divorce can help make the process a little less overwhelming. If you are considering getting a divorce, it is essential to know about the various options available to you. Since the introduction of the Divorce, Dissolution and Separation Act 2020, UK divorce law has become more straightforward, especially with the implementation of “no-fault” divorces.

At Tyler Hoffman, we are specialist divorce solicitors with extensive experience guiding clients through this challenging time. To help you understand your options and make an informed decision, we have put together this comprehensive guide to explain what types of divorces there are and explore the different divorce options available in the UK. Whether you are seeking a straightforward no-fault divorce or are exploring alternative routes, we are here to help you choose the best path forward for your unique situation.

How many types of divorce are there?

In the UK, you need a final order (formally a decree absolute or divorce decree) to make your separation from your spouse or civil partner legal. This is the formal judgement issued by the court that terminates a marriage and confirms the agreement between spouses regarding divorce terms and conditions. However, the process to get there is different in each case, and there are several different types of divorce that individuals can consider, depending on their unique circumstances.

Different types of divorce handle the division of marital assets in their own ways, which can significantly impact the financial outcome for both parties. While no-fault divorce is now the most common and straightforward option, there are other routes available for those with specific needs, including legal separation, which can be an alternative to divorce for some individuals. Each of these types offers a different approach to ending a marriage, and understanding these options can help you choose the path that best fits your situation.

No-Fault Divorce

No-fault divorce is now an option in England and Wales that allows couples to end their marriage without assigning blame. Under this system, you can apply for a divorce without needing to prove that your spouse did something wrong. Instead, you only need to state that the marriage has irretrievably broken down.

You can apply for a no-fault divorce either individually or together as a couple. There is a 20-week reflection period after submitting the application, which gives both parties time to consider their decision. After this, the process continues with a final order that formally dissolves the marriage. No-fault divorce has quickly become one of the most popular options due to its simplicity and reduced conflict.

Fault Divorce

A fault divorce is a type of divorce where one spouse seeks to end the marriage due to the other spouse’s wrongdoing or fault, such as marital misconduct. Unlike no-fault divorces, which do not require assigning blame, fault divorces necessitate proving that one party’s actions led to the breakdown of the marriage. This can make the divorce process more complex and contentious, as it often involves allegations of misconduct and a more adversarial approach.

In a fault divorce, the filing spouse must provide evidence to support their claims of the other spouse’s fault. This can include testimony from witnesses, documentation of incidents, and other forms of evidence. Common grounds for fault divorces include adultery, desertion, cruelty, abuse, and neglect. The court will review the evidence and determine whether the filing spouse has met their burden of proof.

While this was once the standard in England and Wales, changes to the law in April 2022 removed the need to assign fault during divorce proceedings. As such, these procedures are no longer a part of the divorce process, and it is not possible to pursue a fault-based divorce.

Contested Divorce

Not all divorces are straightforward. In a contested divorce, one spouse disagrees with the divorce or certain terms, such as financial settlements or child arrangements. Divorce mediation, an alternative dispute resolution method where a neutral third-party mediator assists couples to resolve their issues, can be beneficial in these situations. Contested divorces can be more complex and take longer to resolve, as they often involve additional court hearings and mediation sessions to settle disputes.

While contested divorce is less common due to the prevalence of no-fault divorce, negotiating the terms often presents issues that both parties cannot agree upon. In such cases, a divorce settlement through arbitration can be a viable alternative by allowing couples to resolve unresolved issues with a binding decision from an arbitrator. It is important to be aware that contested divorces can be more emotionally and financially demanding, as they typically require more legal support and time to reach a resolution.

Uncontested Divorce

An uncontested divorce occurs when both spouses agree on all the terms of the divorce, such as the division of assets and arrangements for any children. These terms are often formalised in a divorce agreement. If the parties agree on most of the terms, the process can be quicker and more affordable than a contested divorce, which involves disputes.

While no-fault divorce simply allows a couple to state that their marriage has irretrievably broken down, an uncontested divorce goes a step further by ensuring both parties are in full agreement on all terms. This makes uncontested divorces an increasingly popular and straightforward way to end a marriage, as both parties can proceed amicably without unnecessary delays.

Judicial Separation

If you are not ready for a full divorce but want to formalise a separation, a judicial separation (which is also known as legal separation) might be an option worth considering. A separation agreement outlines the terms of child custody, support, maintenance, and property division, providing a clear framework for both parties. This type of separation allows you to legally separate from your spouse without ending the marriage, which can be beneficial for religious or personal reasons.

With judicial separation, the court can still make decisions about finances, property, and child arrangements, similar to a divorce. However, since you are still legally married, neither you nor your spouse can remarry unless you later pursue a full divorce. Judicial separation provides an alternative for those who want legal recognition of their separation but are not ready for divorce.

Annulment

Annulment is a different route that some couples take to end their marriage. Unlike a divorce, an annulment treats the marriage as if it never existed, but it is only available in specific circumstances. For an annulment, you will need to show that the marriage was either void (never valid) or voidable (defective in some way). Grounds for annulment include things like bigamy, lack of consent, or one spouse being underage.

Annulments are relatively rare, as they are limited by specific legal conditions. However, for those who qualify, annulment can offer an alternative to divorce, especially when the marriage is legally considered invalid.

Same-Sex Divorce

Since the legalisation of same-sex marriage in England and Wales in 2014, and later in Scotland and Northern Ireland, same-sex couples have had the right to divorce under the same laws and procedures as opposite-sex couples. This means that the process of dissolving a same-sex marriage follows the same legal framework as any other divorce in the UK.
In a same-sex divorce, couples must meet the residency requirements for filing within the relevant jurisdiction in the UK and follow standard procedures, including submitting a divorce application and observing any required waiting periods. While the overall process is the same, same-sex couples may sometimes face unique challenges related to adoption and parenting arrangements. If a same-sex couple has adopted children together, child custody and parenting orders will need to be addressed, just as they would for opposite-sex couples. If not, other procedures may apply when it comes to determining child arrangements.

The UK provides legal protections to ensure that same-sex couples are treated equally in divorce proceedings, although complexities can still arise, particularly around parenting issues. In these cases, the experienced family law solicitors at Tyler Hoffman are here to provide guidance to ensure you receive fair treatment and support throughout the divorce process.

Default Divorce

A default divorce occurs when one spouse fails to respond to the divorce petition. This can happen for various reasons, such as the respondent spouse being unable to be located, unwilling to participate in the divorce process, or unaware of the divorce proceedings.

In a default divorce, the filing spouse must still follow the standard procedures for filing and serving divorce papers. However, the respondent spouse’s failure to respond means that the court will proceed without their input. The court may then make decisions regarding property division, child custody, and other issues based solely on the information provided by the filing spouse.

Default divorces can be relatively straightforward if the terms are simple, as there is no need for a trial or negotiation. However, they can also be more complex if the court must make decisions about children or property without hearing both sides of the story. If you find yourself in a situation where your spouse is not responding to the divorce petition, our divorce solicitors are here to help you navigate the process effectively and move things forward.

Mediated Divorce

Mediated divorce is a type of alternative dispute resolution that involves a neutral third-party mediator who helps the couple resolve their divorce-related issues. The mediator facilitates conversations between the couple, helping them to reach a mutually acceptable agreement on issues such as child custody, spousal support, and property division.

In a mediated divorce, the couple meets with the mediator, who is usually a trained professional with expertise in family law and conflict resolution. The mediator does not make decisions for the couple but instead helps them to communicate effectively and find common ground.

Mediated divorce is often less expensive and less time-consuming than a litigated divorce, and it can be a more collaborative and less adversarial process. However, it is not suitable for all couples.

The mediated divorce process typically involves the following steps:

1. Initial consultation: The couple meets with the mediator to discuss the divorce process and determine whether mediation is suitable for their situation.
2. Information gathering: The mediator gathers information from both parties about their financial situation, child custody arrangements, and other relevant issues.
3. Mediation sessions: The couple meets with the mediator for a series of sessions, during which they discuss and negotiate the terms of their divorce.
4. Agreement drafting: The mediator helps the couple to draft a divorce agreement that reflects their mutually acceptable terms.
5. Review and signing: The couple reviews and signs the divorce agreement, which is then submitted to the court for approval.

Mediated divorce can be a beneficial option for couples who want to avoid the stress and expense of a litigated divorce. However, it is essential to choose a qualified and experienced mediator who can facilitate a fair and effective process. You should also seek a solicitor to represent your interests during the process.

Some benefits of mediated divorce include:

• Cost savings: Mediated divorce can be less expensive than a litigated divorce.
• Time savings: Mediated divorce can be faster than a litigated divorce.
• Increased control: The couple has more control over the divorce process and the terms of their agreement.
• Improved communication: Mediated divorce can help the couple to communicate more effectively and find common ground.
• Reduced conflict: Mediated divorce can be a less adversarial process than a litigated divorce.

Mediated divorce may not be suitable for all couples, particularly those with complex or high-conflict situations. It is essential to consult with a qualified divorce lawyer or mediator to determine whether mediated divorce is the best option for your situation.

Divorce Processes
There are several different divorce processes that couples can use to end their marriage, each with its own advantages and disadvantages. Understanding these options can help you to choose the best approach for your situation:

• Uncontested divorce: This occurs when both spouses agree on all issues related to the divorce, such as property division and child custody. Uncontested divorces are usually quicker and less expensive than contested divorces.
• Contested divorce: This occurs when one or both spouses disagree on issues related to the divorce. Contested divorces can be more complex and time-consuming, often requiring court hearings and legal intervention to resolve disputes.
• Mediated divorce: In this process, a neutral third-party mediator helps the couple reach an agreement on divorce terms.
• Collaborative divorce: This involves a team of professionals, including solicitors and financial advisors, working together to help the couple reach an agreement. Collaborative divorce, another form of alternative dispute resolution, focuses on cooperation and problem-solving rather than litigation.
• Litigated divorce: This involves using the court system to resolve disputes and make decisions about the divorce. Litigated divorces can be more adversarial and costly, but they may be necessary when other methods fail to resolve significant disagreements.

Choosing the right divorce process depends on your unique circumstances and the complexity of your situation. Consulting with a qualified divorce lawyer can help you navigate the various options and determine the best approach for your needs.

Choosing the Right Divorce Option

Understanding the types of divorce individuals can choose from is essential for making the right decision for your situation. Whether you are leaning toward a no-fault divorce, facing the challenges of a contested divorce, or exploring other options like judicial separation or annulment, knowing the different divorce options can help you move forward with clarity.

Choosing the right path depends on your unique circumstances and what you hope to achieve through the divorce process. Choosing the right path depends on your unique circumstances and what you hope to achieve through the divorce process. If you are unsure about how to proceed, our divorce lawyers are here to guide you through the various types of divorce and help you to make the best decision for your future.