The divorce process in England & Wales: a step-by-step guide
Since April 2022, divorce in England & Wales is "no-fault". You no longer have to blame anyone or prove adultery or unreasonable behaviour — you simply state that the marriage has broken down irretrievably, and that statement cannot be contested. It has made the legal process simpler, but the overall journey — money, property, children — is still a lot to navigate. Here is the whole thing, step by step.
Step 1: The application
You apply online through the gov.uk divorce service, either as a sole applicant or a joint application with your spouse. There is a court fee (around £600 — check gov.uk for the current amount; help with fees is available on low income). You will need your marriage certificate and your spouse's address.
Joint applications suit couples who are broadly amicable. A sole application still works fine if you are not — your spouse is served notice and must acknowledge it, but they cannot block the divorce itself.
Step 2: The 20-week wait
From the date the application is issued, the law imposes a minimum 20-week "cooling-off" period before you can apply for the conditional order. Nothing is wrong if your case seems to go quiet during this time — everyone waits.
Use these weeks well. This is the time to start financial disclosure, agree child arrangements, and get a mediation process moving if you need one. The divorce itself is usually the simple part; the finances and children take far longer.
Step 3: Conditional order (formerly decree nisi)
After 20 weeks you can apply for the conditional order — the court's confirmation that you are entitled to divorce. It usually takes a few weeks to be pronounced once you apply.
Step 4: Final order (formerly decree absolute)
Six weeks and one day after the conditional order, you can apply for the final order. This legally ends the marriage.
One big warning: do not rush to apply for the final order before your finances are settled. Ending the marriage can affect pension rights, inheritance and other claims if your spouse dies or remarries before a financial order is made. Many solicitors advise waiting until the financial consent order is approved. If in doubt, get advice before applying.
The finances are a separate process
This surprises many people: the divorce does not sort out your money. Even after the final order, financial claims between you remain open unless a court order closes them. You deal with finances in one of two ways:
- By agreement — you agree a split (directly, through mediation, or via solicitors) and have it made into a consent order, which a judge approves. This is the cheaper, calmer route.
- Through court — if you cannot agree, either of you can apply for a financial remedy order, and a judge decides. Slower, more expensive, more stressful.
Full, honest financial disclosure (usually via Form E) is the foundation of either route. Hiding assets tends to end badly.
Realistic timeline and cost
The legal minimum for the divorce itself is around seven months (20 weeks + 6 weeks + processing time). In practice, with finances to resolve, most divorces take 9-18 months end to end. Costs range from the court fee alone (if you do everything yourselves) to several thousand pounds each with solicitors — mediation typically sits in between.
If you have children
Child arrangements are a third, separate strand — the divorce application does not decide where children live or how time is shared. Most parents agree arrangements between themselves; if you cannot, see our guides on child arrangements and court and shared care schedules.
Key takeaways
- No-fault divorce means the divorce itself is rarely the battle — money and children are.
- Use the 20-week wait productively: disclosure, mediation, child arrangements.
- Do not apply for the final order before finances are settled without advice.
- A consent order is what actually closes financial claims — the final order does not.