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Written by Brad Askew
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Civil & Commercial Law background · Founder of LegalDocuments.co.uk
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Updated April 2026 · England & Wales
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Family & Divorce
BA
Written by Brad Askew Legal Tech Founder
Civil & Commercial Law background · Founder of LegalDocuments.co.uk
Updated May 2026
·
England & Wales
Going through a divorce is rarely straightforward, and the legal side of it can feel overwhelming when you're already dealing with so much emotionally. Whether you're just beginning to think about separating, you've already made the decision, or your spouse has started proceedings and you're trying to work out where you stand, understanding how the process actually works makes a real difference.
This guide walks you through what divorce looks like in England and Wales under the current no-fault system, how finances are typically untangled, what happens with children, and where to turn for further help. My aim here isn't to replace tailored legal help, it's to give you a grounded starting point so you can make decisions with a clearer head and ask better questions when you do speak to someone.
Overview
Divorce is the legal process that formally ends a marriage in England and Wales. Since April 2022, the law has operated on a no-fault basis, meaning neither spouse has to blame the other or prove wrongdoing to bring the marriage to an end.
One spouse (a sole application) or both together (a joint application) simply need to confirm that the marriage has broken down irretrievably. That statement is accepted by the court without requiring evidence of adultery, unreasonable behaviour or years of separation, which was previously how things worked under the Matrimonial Causes Act 1973.
The process itself is administrative rather than adversarial in most cases. It moves through an online application, a waiting period, a conditional order, and finally a final order which legally dissolves the marriage. Scotland and Northern Ireland have their own separate rules, so this guide focuses on England and Wales.
It's worth noting that the divorce itself, ending the marital status, is legally separate from sorting out your finances and any arrangements for children. Those are handled on their own tracks and often take longer than the divorce paperwork itself.
Key steps
01
Check you're eligible to apply. You generally need to have been married for at least a year, your marriage must be legally recognised in the UK, and either you or your spouse must have a sufficient connection to England or Wales (usually through residence or domicile). Same-sex marriages and civil partnerships follow comparable routes, with civil partnerships ended through dissolution rather than divorce. 2. **Submit the application.** Most applications now go through the online divorce service on gov.uk. You can apply on your own or jointly with your spouse. You'll need your original marriage certificate (or a certified copy), your spouse's full name and address, and the court fee. If English isn't the language on your marriage certificate, a certified translation is typically required. 3. **Serve the application and wait 20 weeks.** Once the court issues the application, your spouse (the respondent) is notified and asked to acknowledge receipt. A minimum 20-week reflection period then runs from the date the application was issued. This cooling-off window is built into the no-fault system and is intended to give couples time to consider finances, children and whether reconciliation is possible. 4. **Apply for the conditional order.** After the 20 weeks have passed and the respondent has acknowledged the application, you can apply for a conditional order (previously called decree nisi). This is the court's provisional confirmation that you're entitled to divorce. Crucially, many people use the period before the conditional order is made to negotiate a financial settlement, because it can be the right moment to ask the court to approve a consent order. 5. **Apply for the final order.** A further six weeks and one day after the conditional order, you can apply for the final order (previously decree absolute), which legally ends the marriage. Before taking this step, think carefully about whether your financial arrangements are settled, as certain rights, including some pension and inheritance protections, can be affected once the marriage is formally dissolved.
Common questions
QDo I still need a reason to get divorced in the UK?
No. Since April 2022, England and Wales operate under a no-fault system. You only need to confirm that the marriage has broken down irretrievably, and the court accepts that statement without requiring evidence. Your spouse also cannot contest the divorce on the basis that they disagree the marriage is over, which was sometimes possible under the old rules. Separate processes apply in Scotland and Northern Ireland.
QHow long does a divorce take from start to finish?
The minimum timescale is around six to seven months because of the built-in 20-week reflection period plus the further six-week wait between the conditional and final orders. In practice it often takes longer, particularly if finances or children's arrangements are being negotiated alongside. Contested financial proceedings can extend things considerably, sometimes running over a year.
QDoes divorce automatically sort out our finances?
No, and this is one of the most common misunderstandings. The divorce ends the marriage, but financial claims between spouses stay open unless they are formally resolved, usually through a consent order approved by the court or a contested financial remedy order. Without this, an ex-spouse could in theory make a financial claim years later, so most people are advised to deal with finances properly at the time.
QWhat happens with the children when we divorce?
Arrangements for children are handled separately from the divorce itself. Many separating parents agree things directly or with the help of mediation, covering where the children live and how time is shared. If agreement isn't possible, either parent can apply to the family court for a child arrangements order. The court's overriding consideration is the welfare of the child, not the preferences of either parent.
QDo I have to go to court?
For most uncontested no-fault divorces, no court hearing is required. The paperwork is dealt with administratively online. You're more likely to need a hearing if finances are disputed and can't be resolved through negotiation or mediation, or in some contested children matters. Even then, courts actively encourage settlement before a full hearing.
QIs mediation compulsory before going to court?
It isn't compulsory in every case, but before applying to court for a financial or children order you usually need to attend a Mediation Information and Assessment Meeting (a MIAM) unless an exemption applies, such as domestic abuse. Mediation itself is voluntary, but it's often quicker, cheaper and less combative than litigation, which is why courts encourage it.
QCan I get divorced without a solicitor?
Yes, the online divorce application is designed to be usable without legal representation, and many people handle uncontested divorces themselves. However, once finances, pensions, property or children are involved, having someone experienced walk you through your options can be valuable, particularly because mistakes on the financial side can be very difficult to unwind later.
BA
Brad Askew Legal Tech Founder
Brad has a background in civil and commercial law and founded LegalDocuments.co.uk to make clear, reliable legal information accessible to everyone. This site is not a law firm and does not provide regulated legal advice.
Legal disclaimer
This article is for general information only and does not constitute legal advice. We are not solicitors. For advice on your specific situation, please consult a qualified solicitor.
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