Divorce law in England and Wales changed in April 2022, introducing a system designed to reduce conflict and remove the need to assign blame. This is commonly known as ‘No-Fault’ Divorce. Under this approach, it is only necessary to state that the marriage has irretrievably broken down; there is no requirement to prove grounds for divorce, such as adultery, unreasonable behaviour, or desertion.
If you are considering divorce, it is helpful to understand the key stages involved and what to expect throughout the process.
Starting the Divorce Application
The divorce process begins by submitting an application online yourself or having solicitors do this for you through the Court Portal. This submission can be made either by one party (a sole application) or together as a couple (a joint application).
You will need to provide basic details such as full names, addresses and your marriage certificate. You are also required to pay the fee at submission – The Court fee to issue divorce proceedings is currently £612*. If it is a joint application, how the court fee is to be paid must be decided between you and your spouse.
The 20-Week Cooling Off Period
Once the divorce application has been issued and acknowledged, a mandatory 20-week cooling period begins. This is designed to give both parties time to reflect on their decision.
During this period, it is sensible to:
- Begin discussions about finances and how they might be divided – this includes the matrimonial home, investment properties, money in the bank, shares and investments, pensions and shared outgoings etc.
- Exchange financial information (this is done by exchanging a Financial Statement, also known as a “Form E”).
- Consider arrangements for any children. Where child(ren) will live and how they will spend time with both parents.
It is important to note that financial matters and child arrangements are dealt with separately from the divorce itself. If an agreement cannot be reached, these issues will require separate legal proceedings. To issue an unagreed financial order, the Court fee is £313* and to issue an application where both parties are in agreement, the fee is £60*. To issue new children’s proceedings, a Court fee of £263* is payable. Further fees can be found on the Government website – Family court fees (EX50) – GOV.UK.
Applying for the Conditional Order
After the 20-week period has passed, the applicant (or Applicant 1 in a joint application) can apply for a Conditional Order. This is the court’s confirmation that the legal requirements for divorce have been met (this was formerly known as the Decree Nisi).
The 6-Week Waiting Period
Once the Conditional Order has been granted, there is a further 6-week and 1-day waiting period before the divorce can be finalised.
This stage provides an opportunity to resolve financial matters. If you have reached an agreement, you can apply for a Financial Order to make it legally binding. Where finances remain unresolved, it is usually advisable to delay finalising the divorce until an agreement is in place.
Finalising the Divorce
After the 6-week and 1-day period, you can apply for the Final Order (formerly the Decree Absolute). This legally ends the marriage.
Although it may be tempting to conclude matters quickly, it is recommended to wait until financial arrangements have been properly resolved before applying for the Final Order.
How Long Does Divorce Take?
In most cases, the divorce process can take approximately 9 to 12 months from start to finish. If more than 12 months pass between the Conditional Order and the applications for the Final Order, the court will require a short explanation for the delay. Factors such as court workload and the complexity of the case can also significantly extend the timeline.
While the legal process for the divorce itself is now more straightforward, the financial aspects can still be complex. Seeking early legal advice can help you reach a fair outcome meeting both parties’ needs and avoid unnecessary delays.
