이혼 신청 (무과실)
잉글랜드와 웨일스에서 무과실 이혼을 신청하는 방법.
개요
Since 6 April 2022, England & Wales has operated a no-fault divorce system. You no longer need to prove adultery, unreasonable behaviour, or separation. A simple statement that the marriage has irretrievably broken down is sufficient. The process can be started by one spouse (sole application) or jointly. There is a mandatory 20-week reflection period and a 6-week period before the final order is made.
이 절차를 사용할 수 있는 사람
- You have been married for at least one year
- Your marriage is legally recognised in England & Wales
- England & Wales is the appropriate jurisdiction (domicile or habitual residence)
단계별 절차
Decide Sole or Joint Application
You can apply alone (sole application) or together with your spouse (joint application). A joint application means you both agree to the divorce, but neither is 'blamed'.
Apply Online
Submit your application at gov.uk/apply-for-divorce. You need your marriage certificate, your spouse's full name and address, and the court fee (currently £593). Fee remission is available for those on low incomes.
Court Issues the Application
The court checks the application and issues it. For sole applications, the court serves it on your spouse, who has 14 days to respond.
20-Week Reflection Period
A mandatory 20-week waiting period begins from the date the application is issued. This is designed to allow time for reflection and to settle practical arrangements (finances, children).
Apply for Conditional Order
After the 20-week period, you (or both of you in a joint application) can apply for the conditional order (formerly decree nisi). This confirms the court is satisfied the marriage has broken down.
Apply for Final Order
You must wait at least 6 weeks after the conditional order before applying for the final order (formerly decree absolute). The final order legally ends the marriage.
비용
중요 경고
A divorce only ends the marriage — it does not resolve finances. You should obtain a financial consent order to divide assets, pensions, and debts.
Do not apply for the final order without first resolving finances. Once divorced, you may lose rights (e.g., pension death-in-service benefits, inheritance rights).