Thinking About Divorce? Here’s What You Need to Know
Going through a divorce can feel overwhelming. We’ve set out the key steps below so you know what to expect and when, if you decide that this is the right path for you.
Who can apply for divorce?
You’ll need to have been married for at least one year before starting the process. Since the no fault divorce came into effect in April 2022, the procedure has changed. Separating couples no longer have to blame one another in order to be granted a divorce. This means the focus is now on moving forward, rather than looking back.
You can apply for divorce in two ways:
- Together (joint application) – both of you apply as applicants.
- On your own (sole application) – you apply as the applicant, and your spouse is the respondent.
You and your partner can make a joint application (in which case both of you will be applicants), or you can start the application yourself (in which case you will be the applicant and your spouse will be the respondent). This is a called a sole application.
Can I apply for divorce in England and Wales?
Before starting the process, you’ll need to make sure the UK courts have jurisdiction to deal with your divorce. In most cases, you can apply if either you or your spouse:
- Is domiciled in England or Wales (meaning this is your permanent home, even if you are currently living abroad), or
- Is habitually resident here (meaning you live here regularly and on a settled basis).
If you are unsure about domicile or habitual residence, it’s important to get advice before starting your application.
The three stages of divorce
Stage 1: Starting the application
The application is made online via the Gov.uk portal. It’s usually straightforward – you’ll just need:
- A colour copy of your marriage certificate (plus a translation if it’s not in English).
- Your full names, addresses, and contact details
Stage 2: Conditional order
Once your application has been issued, there’s a 20-week waiting period before you can apply for a conditional order. This time is often used to sort out finances and agree how assets will be divided.
It’s very important to have a financial court order approved, as this protects you from future claims – even years down the line.
Stage 3: Final order
Six weeks and one day after the conditional order, you can apply for the final order. This is the legal step that officially ends your marriage. We always advise that before applying for the final order, you ensure that your financial settlement has been agreed and sealed by the court.
How long does the divorce take?
A divorce usually takes at least 6-8 months from start to finish. It may take longer if there are complex finances or child arrangements to resolve.
What will happen about finances?
Until a financial order is in place, you remain legally connected to your spouse, even if you’re no longer living together.
You can agree your financial settlement in different ways – directly with your spouse, through mediation, or with the help of solicitors. To get started, it helps to gather:
- Property and business valuations,
- Pension values,
- Bank account statements, and
- Details of income and living costs for you, your spouse, and any children.
If you reach an agreement, solicitors can draft a financial consent order and prepare the necessary forms (such as Form D81 and, if needed, pension forms). These are then submitted to the court for approval.
What about our children?
If you and your spouse can agree on where the children live and how much time they spend with each parent, you usually won’t need a court order.
If reaching an agreement is difficult, however, you may need to attend mediation or apply for a child arrangements order. In that case, it’s best to get tailored legal advice.
Why use a solicitor?
Every family is unique, and no two divorces are the same. Speaking to a solicitor early on can make the process smoother and give you peace of mind that everything is being handled properly. We can help you explore your options, protect your financial position, and make arrangements for your children.
If you’re considering divorce, or have further questions, our family team is here to guide you step by step. Please call us on 020 8944 5290 and we’ll be happy to support you.