Ending a marriage involves more than deciding to separate, and the legal side of things can feel like the most uncertain part for anyone starting out. Divorce law in England and Wales changed substantially in 2022, moving away from a system that often required couples to assign blame for the breakdown.
This guide sets out how the process works today, from applying through to a final order, along with how finances and children are handled alongside it. It focuses on the position in England and Wales, since the rules differ elsewhere in the UK.
What Changed When No-Fault Divorce Was Introduced
No fault divorce came into force under the Divorce, Dissolution and Separation Act 2020, removing the need for either party to cite conduct such as adultery or unreasonable behaviour. This guide reflects common patterns in how divorce applications proceed in England and Wales; individual circumstances vary, and the sections below set out what tends to happen at each stage. If finances, property or children’s arrangements are likely to be contested, speaking to a specialist family law solicitor early can help clarify your position. What to expect before an application is submitted is covered in Stowe Family Law’s guidance on the no-fault divorce process.
The Legal Stages of a Divorce Application
An application can be made solely or jointly through the HMCTS online portal, with a court fee due at that point. Once accepted, a mandatory 20-week reflection period begins before either party can apply for a conditional order. A minimum of six weeks must then pass before a final order can be applied for, which legally ends the marriage. Knowing how each stage fits together gives a realistic picture of the divorce process UK couples are likely to experience, rather than relying on the minimum timeframes alone, since current timelines often run longer where finances or children’s arrangements remain unresolved.
How Financial Settlements Work Alongside a Divorce
A final order doesn’t resolve finances automatically, since financial settlement is handled as an entirely separate procedure. Both parties are usually required to complete Form E, a detailed disclosure document covering income, assets, liabilities and outgoings. Where agreement is reached, a consent order makes the settlement legally binding, and without one, either party could bring a financial claim later, even after the divorce itself is finalised.
What Happens With Children During Divorce
Divorce ends the legal marriage, but it doesn’t decide where children live or how time is split between parents, since that’s handled through a separate process. Many parents formalise arrangements through private agreement or mediation without ever going to court, particularly where both sides can communicate reasonably well. A child arrangements order becomes relevant where agreement isn’t possible or safety concerns are present, with the child’s welfare remaining the central consideration throughout.
Where Divorces Commonly Get More Complicated
- Missing or incomplete Form E disclosure. Gaps in financial disclosure tend to slow negotiations and can lead to further legal work. If paperwork isn’t complete before filing, gather it early rather than mid-process.
- Assuming the final order settles finances. It doesn’t, and without a consent order, a financial claim can resurface years later. If a settlement has been agreed informally, formalise it through the court.
- Overlooking pensions in early settlement talks. Pensions can represent a significant share of combined wealth, yet they’re often addressed too late. If a pension is involved, request a valuation before agreeing terms.
- Treating mediation as compulsory. Only the initial MIAM is a legal requirement; mediation itself isn’t. If one party won’t engage constructively, other routes such as arbitration or court may be more realistic.
- Underestimating costs beyond the court fee. Business assets, pensions or international holdings tend to increase costs beyond the baseline application fee. If any of these apply, budget for additional professional time from the outset.
- Leaving children’s arrangements informal indefinitely. This can work well while both parents cooperate, but it carries no legal weight if circumstances change. If stability matters long-term, consider whether a parenting plan needs firmer legal backing.
The Practical Steps to Take Before You Apply
- Gather documents – marriage certificate, proof of identity, and early financial records such as bank and pension statements.
- Avoid assuming a fixed cost – solicitor fees vary with complexity, so get a realistic estimate before committing to a service level.
- Speak to a solicitor early – particularly where finances, property or children’s arrangements might be disputed.
- Expect a solicitor to explore whether the application should be sole or joint, and what financial disclosure will involve.
- Consider non-court options – conditional on both parties’ willingness to engage, mediation or collaborative law can resolve financial and child arrangement questions without litigation.
What Costs to Expect
The government sets a fixed application fee for the divorce itself, though this covers only the dissolution and not any related financial or children’s matters. Those on lower incomes may qualify for help through the court fee remission scheme, and checking eligibility early avoids assuming full payment is unavoidable. Solicitor fees depend on complexity, and uncontested, online applications tend to be more affordable than cases involving disputed assets or contested arrangements for children.
When Specialist Advice Helps With Your Divorce
Where business assets, pensions or cross-border elements are involved, specialist guidance tends to prevent smaller issues turning into costly disputes later. Working with a trusted family law solicitor, in practice someone who keeps disclosure thorough and explains options clearly, tends to make both the financial and children’s aspects of a divorce more straightforward to manage. This kind of input is commonly sought where structured negotiation, rather than contested court proceedings, is the aim.
Getting Support As You Start This Process
Thinking through how the process works before applying tends to make the following months considerably easier to manage. Every situation is different, so how long things take and what they cost will depend on the finances, property and children involved. Get in touch with a specialist family law team to talk through your options before starting proceedings.
words Alexa Wang
