Divorce is a deeply personal and often emotional process, but understanding the legal steps involved can make it feel more manageable. Whether you’re thinking about separating or have already made the decision to divorce, this guide outlines what to expect under current UK law.
1. The Legal Framework: No-Fault Divorce
As of 6 April 2022, divorce laws in England and Wales changed significantly with the introduction of no-fault divorce under the Divorce, Dissolution and Separation Act 2020.
Key changes include:
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No need to assign blame (e.g., adultery or unreasonable behaviour).
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Couples can apply jointly or individually for a divorce.
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The outdated language of “petitioners” and “decrees” has been replaced with simplified terminology:
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Divorce Application (previously “divorce petition”)
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Conditional Order (previously “decree nisi”)
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Final Order (previously “decree absolute”)
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2. Who Can Apply for a Divorce?
To apply for a divorce in England and Wales, you must:
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Have been married for at least one year.
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Have a legally recognised marriage.
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Consider the marriage to be irretrievably broken down.
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Either you or your spouse must be habitually resident or domiciled in England or Wales.
3. Step-by-Step Divorce Process
Step 1: Filing the Divorce Application
You can apply online or via post. The application can be made by one person (a sole application) or jointly by both spouses.
You’ll need:
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Marriage certificate (original or a certified copy)
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A court fee (currently £593 as of 2025)
Step 2: Acknowledgement of Service
In a sole application, the other party (the respondent) is sent the divorce papers and must respond within 14 days confirming they’ve received them.
In a joint application, both parties complete this stage together.
Step 3: 20-Week Reflection Period
A minimum 20-week waiting period from the date of application allows time to reflect, make arrangements (e.g. childcare, finances), and avoid hasty decisions.
Step 4: Apply for the Conditional Order
After 20 weeks, the applicant(s) can request a Conditional Order. This confirms that the court sees no reason why the divorce should not proceed.
Step 5: Final Order
Six weeks after the Conditional Order, the applicant(s) can apply for a Final Order. Once granted, this legally ends the marriage.
4. What About Children and Finances?
The divorce itself only ends the legal relationship — it doesn’t resolve:
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Child arrangements (who the children live with or spend time with)
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Financial matters (division of property, pensions, spousal maintenance)
These are separate legal processes that can run alongside the divorce.
Child Arrangements
Parents are encouraged to agree arrangements privately or through mediation. If needed, the court can issue a Child Arrangements Order.
Financial Settlements
To legally finalise financial matters, you’ll need a Financial Consent Order approved by the court — even if you agree on everything. This protects both parties in the future.
5. Do You Need a Solicitor?
While it’s possible to handle a divorce on your own, legal advice is strongly recommended — especially when children, property, or pensions are involved.
A solicitor can help:
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Avoid delays and mistakes
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Ensure fair and enforceable financial settlements
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Represent your interests in negotiations or court
6. FAQs
Q: How long does a divorce take?
A straightforward divorce will take at least 26 weeks from start to finish due to the mandatory reflection and waiting periods.
Q: Can I contest a divorce?
Under the new law, contesting a divorce is almost impossible except on very limited legal grounds (e.g. jurisdiction).
Q: What if I can’t afford the court fee?
You may be eligible for help with fees (Fee Remission) based on income and savings.
Need Help With Your Divorce?
At [Your Law Firm Name], our family law solicitors provide clear, compassionate, and confidential guidance throughout your divorce process. Whether you’re initiating proceedings or responding to an application, we’re here to help you move forward with confidence.
📞 Call us: 01234 567890
📧 Email: info@firthstonevalelaw.com
💬 Free Initial Consultation Available
