What to Expect During a Divorce in England and Wales

How Divorce Works Now: The No-Fault Basics

Since April 2022, divorce in England and Wales has been governed by the no-fault system introduced by the Divorce, Dissolution and Separation Act. The practical effect is significant: you no longer have to allege adultery, unreasonable behaviour or separation to end a marriage. Instead, you simply state that the marriage has broken down irretrievably, and the court accepts that statement as conclusive.

You can apply on your own as a sole applicant, or together as a joint application. A joint application does not mean you both agree on everything — it just means you are both named on the paperwork and neither of you is "divorcing" the other. Many couples find this less confrontational, particularly where children are involved.

One important limit: you cannot normally contest the divorce itself. The only grounds for disputing it are jurisdictional — for example, arguing that the court does not have the power to hear the case, or that the marriage was not valid in the first place. If your spouse wants to fight about money or children, that happens in separate proceedings.

Step One: Filing the Application

The process begins when the application is submitted to the court, usually through the online portal. You will need your marriage certificate, the full names and addresses of both parties, and the court fee, which currently stands at £593. If your income is low, you may qualify for help with fees.

Once the application is issued, the court serves it on the other party, or you may be asked to arrange service yourself. The respondent then has 14 days from receipt to acknowledge service. If they do not respond, you can usually still move forward, but you may need to prove that the papers were properly delivered.

At this stage, the court is not interested in who did what. Keep your energy for the practical issues: housing, money, and how you will both continue to parent.

The Waiting Period and the Conditional Order

There is a mandatory minimum period built into the modern process. You cannot apply for the first legal milestone — the conditional order, previously known as the decree nisi — until at least 20 weeks have passed from the date the court issued the application.

That 20-week window is deliberate. It gives both parties time to think, to take advice, and ideally to start sorting out the financial side. The conditional order confirms that the court is satisfied the marriage has broken down irretrievably. It does not end the marriage, and it does not deal with money or children.

You can apply for the conditional order once the acknowledgement has been filed, or once the time limit for doing so has expired. If you are a sole applicant and your spouse applies for the conditional order instead, the court will usually list it on their application.

Money, Property and Children: The Part That Matters Most

This is where most of the real decisions are made, and where good advice pays for itself. A divorce order alone does not divide assets, pensions or property, and it does not give you a clean break. That requires a separate financial agreement, ideally recorded in a consent order and approved by the court so it becomes legally binding.

• Full disclosure: both parties must exchange details of income, savings, investments, pensions and debts. Hiding assets can unravel an agreement later.
• Pensions: often the largest single asset after the family home. Ask about pension sharing orders and cash equivalent transfer values.
• The family home: options include selling and dividing the proceeds, one party buying the other out, or a deferred sale until children finish school.
• A clean break: a consent order can sever financial ties permanently, so neither of you can make a claim years later.
• Children: arrangements for where they live and how much time they spend with each parent are dealt with separately. A parenting plan agreed between you is usually far better than a court order imposed on you both.

Mediation is often worth trying. Many courts expect you to attend a Mediation Information and Assessment Meeting before issuing financial proceedings, and reaching an agreement together is generally quicker, cheaper and less damaging than litigation.

The Final Order and Life Afterwards

Six weeks and one day after the conditional order is made, you can apply for the final order — formerly the decree absolute. This is the document that legally ends the marriage, freeing you to remarry if you wish.

Think carefully about timing. If your financial settlement is not yet finalised, applying for the final order too early can leave you exposed, particularly around pensions and survivor benefits. Many solicitors advise waiting until the consent order is sealed. Once the final order is granted, you should also update your will, check nominated beneficiaries on pensions and life insurance, and deal with joint accounts and utilities.

Practical Steps to Keep the Process on Track

A divorce rarely fails because of the law. It usually slows down because of paperwork, emotion or poor communication. A few habits make a real difference.

• Keep a single folder — digital or paper — with every document, date and reference number.
• Respond promptly to anything the court sends. Deadlines in family proceedings are real.
• Take advice early, even if you hope to keep costs down. A one-off consultation can prevent expensive mistakes.
• Separate the emotional and the financial. They are related, but they need different conversations.
• Budget realistically for court fees, legal costs and the practical expense of running two households.

Divorce is rarely easy, but it is a process with clear stages and predictable timings. Understanding what comes next — and getting the financial side properly settled — means you can move forward with a settled position rather than an open question hanging over you.