How divorce works in England and Wales

The Divorce, Dissolution and Separation Act 2020 introduced "no-fault" divorce in England and Wales from 6 April 2022. You no longer have to prove adultery, unreasonable behaviour or a period of separation. Instead, you simply state that the marriage has broken down irretrievably. The same rules apply to ending a civil partnership (dissolution).

Who can apply?

You must have been married for at least one year, your marriage must be legally recognised in the UK, and the courts of England and Wales must have jurisdiction, usually because one or both of you live here. You can apply alone (a sole application) or together (a joint application).

The divorce process step by step

1. Application. You apply online through GOV.UK or by post, and pay a court fee. Help with fees is available if you are on a low income. You will need your original marriage certificate or a certified copy.
2. Acknowledgement. In a sole application, your spouse is sent the papers and must respond. Divorce can now only be disputed on limited grounds, such as the court's jurisdiction.
3. 20-week reflection period. You must wait at least 20 weeks from the start of the proceedings before applying for the conditional order. This time is meant for reflection and for agreeing practical arrangements.
4. Conditional order. This was previously called the "decree nisi". It means the court sees no reason why you cannot divorce.
5. Final order. You can apply for this at least six weeks and one day after the conditional order. This was previously called the "decree absolute". The final order legally ends the marriage.

Sorting out finances

A divorce ends the marriage but does not automatically end your financial ties. Unless you get a financial order from the court, either of you may be able to make a financial claim against the other in the future, even years later.

If you agree how to divide your money, property and pensions, a solicitor can draft a consent order for the court to approve, making the agreement legally binding. If you can't agree, either of you can apply to court for a financial remedy order. Before doing so you usually need to attend a Mediation Information and Assessment Meeting (MIAM), unless an exemption applies, such as domestic abuse.

The court looks at a list of factors, including each person's income and earning capacity, needs, the length of the marriage, contributions, and above all the needs of any children. Pensions are often among the most valuable assets, and they are easy to overlook.

Why the timing of the final order matters

Many solicitors advise waiting until a financial order has been approved before applying for the final order. This is because some rights, such as widow's pension benefits, are lost on divorce. Take advice before applying.

Do I need a solicitor?

You can divorce without a solicitor, and many people do. A family solicitor is particularly valuable where there are significant assets, pensions, a business, property abroad, a dispute about children, or concerns about domestic abuse. Some people use a solicitor only for the financial settlement, or for advice at key stages ("unbundled" help).

Alternatives to court

Mediation, collaborative law (where both parties and their lawyers agree to resolve matters without going to court), and arbitration can all help couples reach agreement more quickly and cheaply than a contested court case.