Divorce in England & Wales: Your Complete Guide

Authors: Holly Atkins, Consultant Family Solicitor and Tracey O’Dwyer, Senior Consultant Family Solicitor | Last updated: 4th June 2026

Divorce can feel overwhelming. You are likely worried about your home, your children, your finances, and what life could look like going forward. With the right guidance, clear advice, and proper legal support, you can navigate your divorce while protecting your interests and setting yourself up for a positive future.

This practical guide from Setfords’ family law experts explains everything you need to know, including how to start a divorce, how long it takes, what it costs, how finances and property are divided, and what happens with children. Whether you are just starting to think about divorce or you are already mid-process, our expert family lawyers are here to help.

Article summary:

Divorce is the legal ending of a marriage. Since April 2022, England and Wales have operated a no-fault divorce system. You no longer need to blame your spouse or prove any specific reason. The only ground is that the marriage has broken down irretrievably.

The process has five stages: application, response, a 20-week waiting period, the Conditional Order, and the Final Order. The minimum timeline is around six to seven months. The court fee to apply is £612.

Assets are divided based on fairness, not an automatic 50/50 split. The court considers each party’s needs, income, contributions, the length of the marriage, and the welfare of any children above all. Property, pensions, savings, and debts are all in scope. Agreements are made legally binding through a Consent Order, which must be approved by a judge.

Most divorces do not require a court hearing. Financial and child arrangements are usually resolved by agreement, often with the help of solicitors or mediation. Without a court-approved financial order, claims between former spouses can remain open indefinitely.

What is divorce?

Divorce is the legal and permanent ending of a marriage. It only applies to marriages. If you are in a civil partnership, the equivalent process is called dissolution. You can read more about the difference between divorce and dissolution by clicking here.

What is a no-fault divorce?

On 6 April 2022, new legislation came into force in England and Wales introducing no-fault divorce. Couples no longer need to blame each other or prove any specific reason for the marriage ending. The only ground for divorce is that the marriage has broken down irretrievably. You do not need to provide any proof or allegations to support this.

This has made the divorce process simpler and, in most cases, less hostile.

How to get a divorce: a step-by-step guide

Here is a clear overview of the divorce process in England and Wales, from making the initial application through to the Final Order that formally ends your marriage.

Step 1: Apply for divorce

Who can apply for divorce?

To get a divorce, you must have been married for at least one year, and your marriage must be legally recognised in the UK. One person can apply alone (a sole application), or both can apply together (a joint application).

How much does the divorce application cost?

The court fee to apply for divorce is currently £612 (as of June 2025). This is the fee for the divorce itself and does not include any legal fees or costs related to financial settlements.

What do you include in the divorce application?

You do not need to set out blame or detailed allegations. Your application simply needs to include:

• Your full names and addresses
• The date and place of your marriage (with your marriage certificate)
• Details of any name changes
• Whether you are applying jointly or as a sole application
• A statement confirming the marriage has broken down irretrievably
• The other person’s details so they can be formally notified

What should you do at this stage?

Alongside your application, it is wise to:

• Speak to a solicitor for initial advice
• Start gathering your financial information, including income, bank accounts, debts, property valuations, mortgage details, and pension values
• Discuss arrangements for your children calmly, where possible
• Open a bank account in your sole name if you do not already have one

What NOT to do at this stage

• Do not empty joint bank accounts or try to hide assets
• Do not write angry comments on social media or via text to your spouse
• Do not criticise your spouse in front of the children
• Do not assume divorce automatically resolves your finances, these must be sorted separately

Step 2: The other person responds

How long does the other person have to respond?

In a sole application, once the court has issued the divorce application and sent it to the other party, they have 14 days to complete and return an Acknowledgement of Service. This confirms they have received the papers.

Can the divorce be disputed?

Under no-fault divorce, there are very limited grounds on which the divorce itself can be disputed. One person can’t contest a divorce simply because they disagree that the marriage has broken down or consider themselves blameless.

Disputes are only possible on narrow grounds, such as whether the marriage is legally valid, whether England and Wales is the correct jurisdiction or whether the marriage has already been ended.

In practice, this means that if one person wants a divorce, it will proceed.

Do I have to go to court?

In the vast majority of cases, no, you don’t need to attend court. The divorce itself is processed online and on paper, without you needing to attend a hearing. You only usually need a court hearing if there is a dispute about children or finances that cannot be resolved by agreement or mediation. Even then, many couples finalise their financial arrangements through a written Consent Order approved by a judge, without ever attending court in person.

Step 3: The 20-week waiting period

After the divorce application has been issued, there is a mandatory 20-week waiting period before you can move to the next stage. This period is designed to allow for reflection and negotiation. It can feel like life is in limbo, but it is often the most productive time to work on resolving financial and child arrangements.

Step 4: Conditional Order

What is the Conditional Order?

After the 20-week period, either applicant can apply for a Conditional Order (previously called a Decree Nisi). This is a formal statement from the court confirming that the legal requirements for divorce have been met and that you are entitled to proceed. It does not end the marriage (that comes later) but it is an important milestone in the process.

Does it matter who applies first?

In most cases, no. For joint applications, both parties apply together. In sole applications, the applicant has slightly more control, as only they can apply for the Conditional Order. This could theoretically be used as leverage if financial matters remain unresolved, but in practice, most cases proceed cooperatively.

Sorting out finances: what you need to know

The Conditional Order stage is the point at which financial arrangements can become legally formalised. It is important to understand that divorce legally ends the marriage, but does not automatically resolve financial claims. You must have a court-approved financial order in place to achieve a ‘clean break’ with no more legal financial ties to your spouse.

What is a Divorce Financial Settlement?

A Divorce Financial Settlement is an agreement between you and your spouse about how assets will be divided. Once agreed, your lawyer can draft a Consent Order (also known as a Financial Remedies Order by Consent) which makes the agreement legally binding. A judge must approve this after the Conditional Order stage has been reached, and both parties will need to provide a summary of their financial circumstances.

Important: Just because you and your spouse have agreed on something does not mean a judge will automatically approve it. The judge must be satisfied it is fair.

What can a Consent Order cover?

A Consent Order can address:

• The sale or transfer of the family home
• Division of pensions, including Pension Sharing Orders
• Allocation of savings, investments, and other assets
• Responsibility for debts, mortgages, and loans
• Spousal maintenance payments
• Timing of lump-sum payments
• Dismissal of future financial claims (giving you a clean break)

Why is a formal financial order so important?

Without a court-approved Consent Order, informal agreements may not be enforceable, and financial claims can remain open indefinitely. This means your former spouse could potentially seek further provision years later, such as a share of your pension or future inheritance, even after you have both moved on. A court order protects both parties and provides legal certainty.

What am I entitled to in a divorce settlement?

There is no set formula for dividing assets in England and Wales. The court has wide discretion, and what is “fair” varies from case to case. The assets considered include property, pensions, savings, investments, business interests and belongings.

Courts typically start from a position of equal division of matrimonial assets, but this starting point can shift significantly depending on the circumstances. A couple with no children, similar incomes, and broadly equal contributions may agree a straightforward 50/50 split. A couple where one person has spent years out of work to raise children may reach a very different arrangement, reflecting the different needs and future earning potential of each party.

What factors does the court consider?

The Matrimonial Causes Act 1973 sets out the factors courts take into account, including:

• The welfare of any children under 18. This is the primary consideration
• The income and future earning potential of each party
• The financial needs and obligations of each party, now and in the future
• The standard of living enjoyed during the marriage
• Each party’s contributions, financial and non-financial (including caring for the home and children)
• The age of each party and the length of the marriage
• Any disabilities or health conditions
• Assets brought into the marriage or received as inheritance or gifts

What happens to the family home?

In many divorces, the family home is the largest matrimonial asset and one of the most emotive issues. Options typically include:

• One party buys out the other’s share and remains in the property
• The property is sold and the proceeds divided
• One party remains in the property temporarily (for example, until the children reach a certain age or the occupying party remarries), after which it is sold

Where children are involved, their need for stable housing is a primary concern. Courts will generally try to ensure that children have a suitable home with each parent, where this is financially possible. 

Until the divorce is finalised and a financial settlement reached, both parties have family home rights. This means neither can be forced to leave without a court order.

Are pensions included in a divorce settlement?

Yes, and they should not be overlooked. In many cases, the combined value of pension funds can exceed the value of all other assets, including the family home. It is now widely accepted that simply dividing the pension fund value equally is rarely the right approach. Expert advice is usually needed to understand the relative value of different types of pension, and Pension Sharing Orders can only be made as part of a Financial Remedies Order.

Click here to find out more about divorce and pensions.

How much does a financial settlement cost?

In addition to the £612 divorce application fee, there is a court fee of £60 to file a Consent Order. If you cannot reach a financial agreement and the matter goes to court, there is an additional court fee of £313, plus your legal costs, which increase significantly when contested proceedings are needed.

Resolving matters by agreement or mediation is almost always faster, less stressful, and less expensive.

What if we cannot agree on a financial settlement?

You do not have to accept an offer you are not satisfied with. If you cannot reach an agreement between yourselves or through mediation, there are two further options:

• Arbitration: both parties agree to put the matter to a private arbitrator, whose decision is binding and can be drafted into a Consent Order
• Court proceedings: a judge decides the outcome as a last resort. Bear in mind you will usually need to demonstrate you have attempted mediation before making a court application (except in cases involving domestic abuse or other exemptions)

Step 5: Final Order

What is the Final Order?

The Final Order (previously called Decree Absolute) is the court document that officially and permanently ends your marriage. You can apply for it at least six weeks and one day after the Conditional Order was made.

Important: In some circumstances, your lawyer may advise you to wait until your financial order has been settled before applying for the Final Order. This is because remarrying before a financial order is in place will extinguish your right to apply for spousal maintenance, lump sum orders, or property adjustment orders in the future.

How long does a divorce take?

The legal process has a minimum timeline of around six to seven months:

• 20 weeks minimum from application to Conditional Order
• A further six weeks and one day minimum to the Final Order

In practice, cases often take longer. Complex financial negotiations, delays in gathering financial information, or disputes over child arrangements can all extend the timeline. Financial proceedings sometimes take considerably longer than the divorce itself, particularly where there are pensions, business interests or international assets involved.

What happens to the children in a divorce?

If you have children together, you will need to agree on arrangements for them. These cover who the children live with, how much time they spend with each parent and how major decisions about their lives are made.

The welfare of the children is the paramount concern for any court. Most parents are able to agree on child arrangements between themselves, perhaps with the help of mediation. If you cannot agree, you can apply to the court for a Child Arrangements Order. This is usually a last resort because of the additional costs, stress, and time involved.

Child maintenance is a separate matter, usually dealt with through the Child Maintenance Service rather than through the courts.

Are there alternatives to divorce?

If you want to separate but are not ready or able to divorce, there are a few alternatives:

Informal separation

You and your spouse simply separate and agree on arrangements between yourselves. This is not legally recognised, so you remain legally married and there is no court-approved record of your agreement.

Separation Agreement

A Separation Agreement is a formal document drawn up by a lawyer, setting out the financial and other arrangements agreed for the period of separation. It may also record what you would want to happen financially if you later divorce. The court is not automatically bound by it, but it will usually be given significant weight if both parties had independent legal advice, made full financial disclosure, and the agreement is fair.

Judicial Separation

Judicial Separation is a formal court process, similar to divorce in procedure, which legally separates the parties without ending the marriage. It is sometimes used where the couple has religious objections to divorce, or where they have been married for less than a year. You will still remain legally married.

Click here for more information on separation vs divorce.

When can I remarry after a divorce?

Once you have received your Final Order, the divorce is legally complete, and you can remarry immediately. It is illegal to marry someone else before the Final Order has been granted.

However, as noted above, if you remarry without a financial order in place, you lose the right to apply for certain financial orders in the future. It is therefore strongly advisable to ensure your financial settlement is finalised before you remarry.

Do I need a divorce lawyer?

There is no legal requirement to instruct a solicitor, and it is technically possible to proceed without one. However, for most people, having a specialist family lawyer is strongly advised for several reasons:

• Financial claims do not automatically end when the divorce does. Until dismissed by a court, your former spouse’s financial claims survive the Final Order. This can expose you to unexpected claims even years later, especially if your financial position improves.
• Mistakes in negotiation can be costly and difficult to undo once a court order is made.
• Where children are involved, a specialist lawyer can help you navigate what can be genuinely complex and emotionally charged arrangements.
• A lawyer can advise you on mediation and alternative dispute resolution, which can resolve matters more quickly and cheaply than court.

At Setfords, our expert divorce and family lawyers are with you at every stage. From your first conversation through to your Final Order, we’re here to provide practical advice tailored to your individual situation.

What about mediation?

Mediation is a process where a trained, neutral third party helps you and your spouse to reach agreements on matters such as finances and child arrangements. It is usually faster and less expensive than court, and many couples find it helps them communicate and resolve issues that they cannot resolve alone.

Before making most court applications, you will normally be required to attend a Mediation Information and Assessment Meeting (MIAM) to consider whether mediation might be suitable. Many of our lawyers are also trained mediators.

Can I stop the divorce once it has been filed?

Yes. You can pause or withdraw the divorce application at any stage before the Final Order is granted. To completely withdraw the application, both parties must agree. If you have had second thoughts, speak to your solicitor as soon as possible.

Where do I start?

The best first step is to understand your options before formally beginning proceedings. An initial conversation with a specialist family lawyer can help you understand where you stand, what the process involves, and what outcome is realistic in your circumstances.

How Setfords can help

Our specialist divorce and family lawyers provide clear, practical advice from your first question to your Final Order. We will explain your rights and entitlements, help you negotiate a fair financial settlement, protect your position on property and pensions, and support you with child arrangements, all with a qualified solicitor as your point of contact throughout. Most divorces settle without a court hearing. With the right support, yours can too.