The Divorce Process Explained

The Divorce Process Explained

Divorce can be one of the most emotionally and practically challenging life experiences. Whether the decision was mutual or not, navigating the legal process can feel overwhelming. It is helpful to understand the steps involved in the divorce process itself, so that you can move forward with clarity and confidence.

Step 1: Initial Considerations

Before reaching out to a lawyer, it can be helpful to take some time to reflect on your relationship and whether it has truly come to an end. Sometimes, emotional conflicts or temporary challenges can make a situation feel more final than it actually is. If there is still a possibility of reconciliation, exploring alternative avenues such as counselling or family mediation may be worthwhile. These resources can provide a neutral space to address underlying issues, improve communication, and potentially work towards repairing the relationship. Taking these steps before pursuing legal action may help avoid unnecessary conflict and provide better understanding of the best path forward.

However, if you are sure the way forward is to end your marriage, it is useful to know that in England and Wales, the law now allows for “no-fault” divorce. This means you do not have to prove blame for the breakdown of the marriage. This simplifies the process and helps reduce conflict. Click here to read more about no fault divorce.

Step 2: Starting the Divorce Application

The divorce process begins by applying online or via paper to the court. Either spouse (or both jointly) can file for divorce.

Key terms:
Applicant: The person applying.
Respondent: The other spouse.
Applicant 1 and Applicant 2: For joint applications.

You will need your marriage certificate and a court fee (currently £612* unless you qualify for help with fees). *as at June 2025.

Step 3: Response

After the application is filed, the court sends a copy to the respondent. They must return a Response (previously known as the Acknowledgement of Service form) within 14 days, confirming they have received the paperwork and stating whether they plan to challenge the divorce. The only way in which a divorce can be challenged is on the grounds of jurisdiction.

Step 4: Cooling-Off Period

There is a minimum 20-week period between the start of the divorce and when you can apply for the Conditional Order (previously known as the Decree Nisi).

Step 5: Conditional Order

After the 20-week period, you can apply for the Conditional Order. This confirms that the court sees no reason why the divorce cannot proceed.

Step 6: Final Order

Once six weeks and one day have passed since the date of the Conditional Order, you can apply for the Final Order (previously the Decree Absolute), which legally ends the marriage.

A Final Order legally ends your marriage, but it does not automatically settle financial matters or arrangements for children. These issues should be dealt with separately and alongside the divorce process.

Other Considerations

• Finances: It is advisable to obtain a legally binding financial order to ensure the fair division of assets, including but not limited to property, pensions, and savings. A financial order can also deal with any maintenance claims.

• Children: You will need to agree on arrangements for any children, such as where they will live, how often they will see each parent, and their schooling. The court encourages you to work together. If you cannot agree, mediation can be a good starting point. You may even want to consider child inclusive meditation.  This is a process in family mediation that allows children to share their views directly when decisions are being made during or after a separation or divorce.

• Child maintenance: It is important to understand your options with regards to any child maintenance which you will need to pay or be in receipt of. You can use our child maintenance calculator to explore this further.

• Wills and Inheritance: It is recommended to update your will after a divorce, as your ex-spouse may remain a beneficiary if you do not make the necessary changes.

Divorce can be a challenging and uncertain time, but having a clear understanding of the process can provide a sense of direction and reassurance. From the initial application to addressing financial and child arrangements, each stage matters—and you do not have to navigate it on your own. Whether your situation is straightforward or more complex, our family law team will work with you to find the most suitable path forward.