How Does The Divorce Process Work in England & Wales?
If your marriage has irretrievably broken down and you wish to get divorced you’ll need to follow the divorce process in England & Wales to obtain a final order (decree absolute).
Please note: The Divorce Law in Scotland is different from the one in England and Wales.
Most people don’t know how to get a divorce, especially without hiring expensive divorce solicitors. However, it can be done without visiting the court or hiring solicitors through no-fault divorce.
The New Divorce Process Explained for England & Wales
Use this information as a guide to the divorce procedure as the court staff cannot provide legal advice or suggest which options are best for you, they simply process your application through the court.
There’s much to know about getting a divorce, especially as England and Wales have different divorce laws from Scotland and Northern Ireland.
We break down the different stages of the divorce process for you step-by-step to make it quick and easy to get an understanding of what is required in order to get a divorce.
The divorce law has now changed and since 6 April 2022, you can file a no-fault divorce under the new divorce system.
The divorce procedure has changed and with it so has the legal wording. Use this page to get familiar with the no-fault divorce process and for information on how these changes may affect your divorce application, view our introduction to no-fault divorce.
You cannot begin the divorce proceedings in England and Wales before you have been married for at least 12 months.
Have questions about the divorce process? Chat with us on Live Chat for quick and reliable answers from one of our experienced team (no bots).
Let’s look more closely at the 4 main stages of the no-fault divorce process.
Divorce Timeline Steps
Step
1
Submit Divorce Application
You can now submit a divorce application either solely or jointly as a couple. Under the no-fault divorce law, you can do this via the online government portal.
The Court will inform you when your Application for Divorce has been processed. The Court will then send an Acknowledgement Pack to the other party known as the Respondent with guidance for completion of an Acknowledgment of Service Form to be filed with the Court within 14 days.
At this point in proceedings, there is a 20-week waiting period, known as the reflection period. This period of waiting is designed to give couples the opportunity to reconcile, or discuss important aspects of divorce, such as children and the financial separation.
Step
2
Conditional Order
After the 20-week waiting period, the Conditional Order is what was previously known as the Decree Nisi. This step is where the court effecitvely give you permission to divorce.
The Court will inform you when your Application for Divorce has been processed. The Court will then send an Acknowledgement Pack to the other party known as the Respondent with guidance for completion of an Acknowledgment of Service Form to be filed with the Court within 14 days.
At this point in proceedings, there is a 20-week waiting period, known as the reflection period. This period of waiting is designed to give couples the opportunity to reconcile, or discuss important aspects of divorce, such as children and the financial separation.
Step
3
Application for a Financial Order
Once the court has granted you a Conditional Order, you are free to apply to the court to approve a financial court order. This legal document lays out the division of money and assets and must have court approval before becoming legally binding.
A financial consent order isn’t compulsory in divorce, however, it brings an end to the financial ties between you. Obtaining a Final Order only deals with the legal aspect.
A solicitor can draft a consent order for you, which requires both parties to provide financial disclosure. This gives the court a full picture of the financial situation, which is required to make a decision.
Step
4
Application for a Final Order (Decree Absolute)
You are eligible to apply for the decree absolute (Final Order) immediately after the 6 weeks and 1 day waiting period has finished. It typically takes the court 24-48 hours to approve the Final Order and send you the documents. Keep this document safe as you may need it in the future.
The Final Order ends the marriage contract and entitles you to remarry should you wish.
This document does not end your financial relationship unless you have specifically asked the court to approve a financial order. A divorce without a financial settlement being approved can lead to future financial claims by either party.
The Stages Of Divorce
1. Start a Divorce Application
One person starts a divorce by making a divorce application to the court based on the irretrievable breakdown of the marriage.
Or, both parties can complete the divorce process together by starting what is known as a joint divorce application.
Regardless of which option you choose, the mandatory court fees of £612 need to be paid (unless exempt). Who pays the divorce fees will depend on your relationship with your ex-partner.
The previous divorce law required people seeking divorce to give evidence of one or more of five facts to establish the irretrievable breakdown of the marriage; 3 are based on ‘fault’ and 2 are based instead on a period of separation.
A no-fault divorce no longer requires you to set out any reasons for the irretrievable breakdown of the marriage.
2. Acknowledgement of Service
The next step in the divorce process involves your partner being sent a copy of the divorce petition and the acknowledgement of service (AOS).
Your partner has 14 days to complete and return the AOS to the court.
This is the stage of the divorce process when you find out if your spouse intends to drag out the divorce.
20-week Reflection Period
The new divorce law introduces a new minimum period of 20 weeks from the start of proceedings to confirmation to the court that a conditional order of divorce may be made.
This ‘reflection period’ allows a greater opportunity for couples to agree practical arrangements for the future where reconciliation is not possible and divorce is inevitable.
Such matters could include child arrangements and the division of any money or assets.
3. Application For the Conditional Order
At this stage, by applying for a conditional order you are asking the court to proceed with the divorce.
4. Court Reviews Your Application
If the court approves your divorce application, they will issue you with a Certificate of Entitlement to confirm the date of your conditional order.
This will typically take a few weeks.
5. The Court Grants The Conditional Order
At this point, the court has granted you the divorce, which introduces a six-week cooling-off period before being able to apply for the final order.
This period is intended for amicable couples to submit their financial consent order to the court for approval.
6. Application for Financial Order
Couples who have had a solicitor draft them a financial consent order can now apply to the court for approval.
If you submit the financial order at this time, it usually results in being granted alongside your final order (formerly Decree Absolute).
This will prevent any future claims being made by either party and ends all financial ties.
7. Application For Final Order
Apply to the court to legally end your marriage.
8. The Court Grants The Final Order
The final order (decree absolute) will usually be granted within 24 hours.
This order legally ends your marriage and enables you to remarry.
A divorce in England and Wales will take roughly 7 months in the simplest of cases. Using an online divorce is still the quickest way to get divorced.
Sorting out your finances following a divorce
Sorting out how money and assets are to be divided following a divorce is often a sore spot for many couples.
Even couples filing an amicable divorce who have no assets together should consider ending their financial ties through a court order.
Depending on your specific circumstances the ‘matrimonial pot’ may be vast and valuable, or it may be that you are to leave the marriage with what you entered.
If you have agreed to divide any money, property, or pensions then you must obtain a financial court order by having a solicitor draw up a financial order to document the financial settlement you have reached.
If you have no joint money, assets, or children within the marriage (as is the case in most short marriages) then you may be able to achieve a clean break, which will prevent any future claims against either party.
This, however, is not always possible; especially for couples in longer marriages where assets have become mingled, etc.
Read our comparison of a clean break order vs consent order to understand which type of court order is suitable for your circumstances.
Common questions about getting divorced
How much does a divorce cost?
The first point to be aware of is the court fees for divorce. All applicants are required to pay £612 unless they’re exempt from court fees due to being on a low income or receiving certain benefits. Divorce costs can range from £800 – £4,000. You can save money by using an online divorce service, which starts from only £199.
How long does a divorce take?
26 weeks is the minimum timescale for a divorce in England and Wales, but it’s dependent on many factors, such as the court workload.
In reality, it is likely going to take you 7-8 months irrespective of how you decide to file for divorce.
Can I not just do my own divorce?
In some cases, doing your own divorce will work out absolutely fine. However, in others, especially where there is non-compliance or valuable financial negotiations to settle, the DIY divorce route may not be recommended.
I don’t have an address for my ex – what happens?
This is common in marriages where couples have been separated for many years. The divorce process does become more complex and sometimes more expensive as the court will require you to go through more hoops to prove you have tried to locate your ex-husband or wife.
Can you get a divorce without a solicitor?
Yes, there is no legal requirement for divorcing couples to instruct solicitors to get divorced. Thousands of couples each year opt for a DIY divorce, which entails handling the divorce procedure with little or no legal support.
Is divorce automatic after a long separation?
Unfortunately, this is one of the most common myths surrounding marriage and divorce. There is no such thing as an automatic divorce in England and Wales. To end your marriage, regardless of how many years you have been separated, you are required to submit a divorce application to the courts to legally end your marriage.
Divorce-Online can help with the divorce process
Divorce-Online has helped over 150,000+ couples in England and Wales obtain a quick, easy and affordable divorce, by taking away the need to instruct solicitors for your case. See: How to Start Divorce Proceedings
We can help you complete your divorce for as little as £199 including VAT which also includes our experts advising you on your divorce application.
To get help completing your divorce for an affordable fixed-fee, call us on 01793 384 029 or send us an email with your questions.
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