Divorce Process
Clear, supportive guidance from specialist family law solicitors.
Understanding the divorce process
Deciding to end a marriage is a significant and often emotional step. It’s completely normal to feel unsure about what happens next or how the legal process works. Our specialist solicitors are here to guide you through every stage of the divorce process with compassion and practical support, to help you move forward with confidence.
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What is the divorce process in England and Wales?
In April 2022, divorce law in England and Wales underwent major reform. The fault-based system, which earned a reputation as the 'blame game', was replaced with the no-fault divorce process.
What is no-fault divorce?
The modern no-fault divorce process is a more straightforward approach to separation. Under the no fault divorce system:
You no longer need to blame your spouse or provide reasons for the relationship breakdown
You simply confirm that the marriage has irretrievably broken down
Couples can make a joint application, promoting cooperation
Outdated terms such as Decree Nisi and Decree Absolute have been replaced with Conditional Order and Final Order
These changes are designed to reduce conflict and encourage constructive dialogue in divorce proceedings. This helps couples focus on future arrangements – particularly around finances and children.
What are the benefits of no-fault divorce proceedings?
The simplified process has helped divorcing couples spending less money on legal fees
In some cases, it has allowed couples to obtain a divorce more quickly
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How to start divorce proceedings
You can apply for a divorce in one of two ways:
1. Sole Application
One spouse takes the lead and becomes the Applicant. The other spouse is the Respondent. The applicant controls the timing of key steps in the divorce process, including when to apply for the Conditional Order and Final Order of Divorce.
2. Joint Application
Both spouses work together and apply as Applicant 1 and Applicant 2. This route can feel more balanced and co-operative, especially if both parties accept the marriage has ended irretrievably and agree that divorce is the right way forward.
How does the no-fault divorce process work?
The no fault divorce process follows three main legal stages.
1. Divorce Application
The application is filed with the court. In a sole application, the Respondent is served with the papers and must acknowledge receipt within 14 days. Divorce proceedings officially begin once the court issues the application.
2. Conditional Order
Formerly the Decree Nisi. There is a mandatory 20 week waiting period from the date the application is issued before you can apply for a Conditional Order.
This period acts as a reflection and preparation stage. During this time, parties will usually try to make progress in agreeing their financial arrangements and terms of wider settlement.
3. Final Order
Formerly the Decree Absolute. After the Conditional Order is granted, there is a further 6 weeks and 1 day before you can apply for the Final Order.
Once granted, the Final Order legally ends the marriage.
If the applicant does not apply within four months, the respondent may take over and apply instead.
The divorce process for joint applications
The steps broadly mirror the sole application process, with the key difference that both parties must review and approve each stage before the application is submitted.
Both applicants acknowledge receipt of proceedings within 14 days
Applicant 1 drafts the Conditional Order and Final Order applications, and Applicant 2 reviews and approves them before submission
If one party stops engaging under a joint process, it is possible for the other to convert the proceedings into a sole application
Why choose Freeths divorce solicitors?
Expert advice from specially trained divorce lawyers
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Clear guidance and compassionate support throughout the process
Transparent fees and communication at every stage
A full-service firm with specialists in all areas of family law
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Speak to our specialist divorce solicitors
If you’re thinking about divorce or want to understand the process in more detail, our expert family law team is here to support you. We will provide clear guidance, practical solutions and the compassionate expertise you need to move forward confidently.
Contact us today to discuss divorce proceedings with a specialist near you, whether that's face-to-face, over the phone on 0330 100 1014 or via video call. We’re ready when you are.
Divorce process FAQs
It takes a minimum of 26 weeks to finalise a divorce. However, this doesn’t account for administration periods or court delays which can stretch the process by several weeks.
After the divorce application has been issued by the court, there is a minimum statutory waiting period of 20 weeks before you can apply for the Conditional Order
Once the Conditional Order has been pronounced by the court, there is a further waiting period of 6 weeks and 1 day before the application for a Final Order can be made
There may be other reasons why the divorce process takes longer than 26 weeks, such as if your solicitor advises you to defer your application for a Final Order until your financial matters have been resolved.
There is a court fee to file the divorce application at court. At the time of writing this fee is £612. In some circumstances, you may be eligible for a fee exemption or remission.
The process of getting a divorce is typically straightforward and your legal fees will generally be limited. At Freeths, we provide transparent information and clear communication in relation to the costs of your divorce at the outset of your case and throughout.
Historically, you had to establish one of five reasons to divorce and identify this within the divorce petition. Those reasons included adultery and unreasonable behaviour.
This is no longer required or possible under the no-fault divorce process. The Applicant must only confirm that they subjectively believe the marriage has broken down irretrievably. This could be for any reason, and you will not be asked to identify what this is.
Yes, you can file a divorce application without a solicitor. For most people, the easiest way to do so is online, via the UK government’s website.
Bear in mind, divorce proceedings are a legal process, and it's important they are managed carefully. By way of example, the timing of when you apply for the Conditional Order or Final Order can affect how and when financial arrangements are resolved. Legal advice may help to ensure that your interests are appropriately protected.
No. Defending a divorce is no longer possible, except in very limited situations such as if there is a jurisdictional issue or questions over the validity of the marriage. In those circumstances, getting legal advice is strongly recommended.
If a joint application for divorce has been issued and one applicant is not co-operating in the process, the court allows a party to switch the divorce to a sole application to finalise the divorce. Either party in a joint divorce could proceed with a sole application in those circumstances.
No. Once a sole divorce application has been issued, you cannot request that those proceedings are transferred into a joint divorce application.
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