Divorce is a significant life event, and understanding the process can help reduce uncertainty during a difficult time. Since April 2022, England and Wales has operated a ’no-fault’ divorce system, making the legal process more straightforward than before.
The No-Fault Divorce System
Previously, to obtain a divorce, you had to prove one of five ‘facts’—including adultery, unreasonable behaviour, or separation for a specified period. This often meant making accusations against your spouse, which could increase conflict.
Under the current system, you simply need to provide a statement that the marriage has broken down irretrievably. Neither spouse needs to be blamed, and the other party cannot contest the divorce (though they can dispute jurisdiction or the validity of the marriage).
Key Stages of Divorce
1. Application
The divorce process begins with submitting an application to the court. This can be done by one spouse alone (a sole application) or jointly by both spouses (a joint application). Joint applications often signal a more amicable process.
The court fee is currently £593.
2. Acknowledgement
If you’ve made a sole application, your spouse will be sent the application and must acknowledge receipt within 14 days. They don’t need to ‘agree’ to the divorce—just confirm they’ve received it.
3. Conditional Order (Previously Decree Nisi)
A minimum of 20 weeks must pass from the application before you can apply for a conditional order. This waiting period is designed to provide time for reflection.
The conditional order is a document from the court confirming you’re entitled to a divorce.
4. Final Order (Previously Decree Absolute)
Six weeks after the conditional order, you can apply for the final order. This is the document that legally ends your marriage.
Important: Think carefully before applying for the final order if you haven’t resolved financial matters. Once you’re divorced, some rights (particularly regarding pensions and inheritance) can change.
Timeline
The minimum time from application to final order is approximately 26 weeks:
- Week 1: Application submitted
- Week 20+: Apply for conditional order
- Week 26+: Apply for final order
In practice, many divorces take 6-9 months, particularly if there are delays in acknowledgement or if you’re resolving finances alongside the divorce.
Finances and Children
The divorce process itself doesn’t resolve financial matters or arrangements for children. These are separate issues that need to be addressed—ideally before you apply for the final order.
Financial Settlement
We strongly recommend reaching a financial agreement and having it made into a court order (a ‘consent order’) before finalising your divorce. This:
- Provides a clean break and certainty for both parties
- Is legally enforceable
- Protects you from future claims
Child Arrangements
If you have children, you’ll need to agree on where they’ll live and how much time they’ll spend with each parent. The court expects parents to try to reach agreement, potentially through mediation, before applying for a court order.
Do You Need Legal Advice?
While you can handle the divorce application yourself, we recommend taking legal advice if:
- You have assets to divide (property, pensions, savings)
- There are children of the marriage
- You or your spouse own a business
- There’s a significant disparity in incomes
- You’re concerned about your spouse’s financial disclosure
- There are complex circumstances (international elements, trusts, etc.)
Getting advice early can prevent costly mistakes and ensure you achieve a fair outcome.
Next Steps
If you’re considering divorce or have already decided to proceed, we can help you understand your options and navigate the process. Contact us for a confidential initial consultation.