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Dissolving a marriage or civil partnership is never easy, but understanding the process can help you feel more in control during a difficult time. Whether you are ending a same-sex marriage, dissolving a civil partnership or navigating a separation as an LGBTQIA+ person, it is important to know your legal rights, what steps are involved and how to protect your interests.
At Sinclair Law Solicitors, we understand the unique challenges that LGBTQIA+ clients may face. This practical guide is designed to help you move forward with confidence.
In England and Wales, the legal process of ending a marriage is known as divorce. The process of ending a civil partnership is known as dissolution. Although the procedures are almost identical, the terminology differs slightly.
From 6 April 2022, the no-fault divorce and dissolution system applies to both marriages and civil partnerships. This means you no longer need to prove fault or blame to legally end your relationship. Find out what the difference is between civil partnership and marriage.
You can apply to end a marriage or civil partnership if:
You do not need your spouse or civil partner’s agreement to start the process. Under the current law, one person can apply on their own or both can apply jointly.
Step 1: Consider your options
Before starting the legal process, take time to consider:
If you are unsure, speaking to a family law solicitor can help clarify your rights and options without committing to any action.
Step 2: Decide whether to apply alone or jointly
You can apply for a divorce or dissolution either:
Joint applications may feel more collaborative and are often more amicable, but can cause issue if the relationship becomes strained, although one of you can continue the application alone at any time.
Step 3: File your application
Applications are made online through the GOV.UK website or through a solicitor. You will need:
The form is straightforward under the no-fault system. You only need to state that the relationship has irretrievably broken down — no further explanation or evidence is required.
Step 4: Service and response
Once the application is submitted:
If you applied jointly, both parties will receive updates and need to confirm their agreement at each stage. If applying alone, the other party must respond to the acknowledgement of service form within 14 days.
If they refuse to engage or cannot be located, your solicitor can advise on alternative service methods to keep the process moving.
Step 5: The 20-week reflection period
After the application is issued and served, there is a minimum 20-week reflection period before the next step can be taken. This time is intended for:
Although you cannot proceed with the divorce or dissolution during this period, it is an ideal time to begin discussions or negotiations regarding financial settlements or child arrangements.
Step 6: Apply for a conditional order
After 20 weeks have passed, you can apply for a conditional order (formerly known as a decree nisi in divorce cases). You will receive an email from the court inviting you to do apply.
This confirms that the court sees no reason why the marriage or partnership cannot be legally ended. It does not end the relationship — that happens at the final stage.
Your attendance at court is not usually required, the conditional order is ‘pronounced’ in your absence.
Step 7: Apply for a final order
Six weeks and one day after the conditional order is granted, you can apply for the final order (previously known as the decree absolute in divorce cases).
This is the legal document that officially ends the marriage or civil partnership. Once granted:
It is crucial to wait until financial matters are settled before applying for the final order, as it may affect entitlements such as pensions or inheritance. Your solicitor can help time this correctly.
Ending your legal relationship does not automatically resolve financial settlements or child-related matters. These issues need to be addressed separately and ideally formalised in a consent order (for finances) or child arrangements order (if needed).
Key financial matters include:
For LGBTQIA+ clients, particular care may be needed where:
Sinclair Law Solicitors can guide you through negotiations, mediation or court proceedings to reach a fair and secure resolution.
The law around divorce, dissolution and gender identity is evolving, but challenges remain. If one party has legally changed their gender since the marriage or partnership began, or if the relationship is perceived differently by third parties, it may raise unique concerns.
You do not need a Gender Recognition Certificate (GRC) to divorce, and your gender identity does not affect your rights to property or parenting. However, a GRC may be relevant in pension entitlements or if your relationship is no longer legally recognised under your affirmed gender (e.g., if you entered a same-sex marriage pre-2014).
Thinking of dissolving a divorce or civil partnership? Speak to a solicitor who understands LGBTQIA+ family dynamics to ensure you receive sensitive and informed advice.
Dissolving a divorce or civil partnership is a significant emotional and legal process. Thanks to the no-fault system, it is now more accessible and less adversarial, but there are still important steps and decisions along the way.
At Sinclair Law Solicitors, we are proud to support LGBTQIA+ clients with compassionate, expert legal advice. Whether you are applying on your own or jointly, we can help you navigate the process clearly and confidently, from the initial application to financial settlement and beyond.
Contact Sinclair Law today to speak with one of our specialist family solicitors. We’re committed to supporting LGBTQIA+ families at every stage. We are proud sponsors of Proud 2 b Parents.
Reach out to us for a free 30-minute confidential consultation, at either our Wilmslow or Bramhall office. Complete the call back form below or contact us by:
📞 Calling: 01625 526 222
📧 Emailing: contact@sinclairlaw.co.uk
