Understanding Divorce: A Clear Guide from the Family Team

By Clarkes

Divorce can feel overwhelming but understanding the legal process in England can make it far more manageable. Whether you’re considering separation or ready to begin proceedings, our advice ensures you understand each step along the way.

1. “No-Fault” Divorce

Since April 2022, England and Wales operate under a no-fault divorce system.  This means that you no longer need to blame your spouse (using adultery or unreasonable behaviour as a reason) to end a marriage.  Instead, you simply confirm that the relationship has irretrievably broken down.

Couples can now apply:

  • Individually (sole application), or
  • Jointly (both partners apply together)

This change aims to reduce conflict and make the process more constructive—especially important where children are involved!

2. Divorce Application

The process begins by submitting a divorce application to the court, usually online.  You’ll need:

  • Your Marriage Certificate
  • Personal details for both parties
  • A statement confirming the breakdown of the marriage

Once submitted, the court issues the application and sends it to your spouse (if it’s a sole application).

3. Acknowledgment of Service

If one partner applied, the other must respond by completing an Acknowledgment of Service.  This confirms they’ve received the application and indicates whether they intend to dispute it.

Disputes are now rare under the no-fault system and only allowed in very limited circumstances (for example, jurisdiction issues).

4. The 20-Week Reflection Period

After the application is issued, there is a 20-week waiting period before you can move forward with proceedings.  This time is designed to allow reflection, the possibility of reconciliation or time to agree financial and children matters.

5. Conditional Order

Once the 20 weeks have passed, you can apply for a Conditional Order.  This was previously referred to as a Decree Nisi and is confirmation that the court sees no reason why the divorce cannot proceed.

At this stage, the marriage is not yet legally ended—but you are close.

6. Final Order

Six weeks after the Conditional Order, you can apply for the Final Order, which legally ends the marriage.  You may be advised to delay this if there are outstanding financial matters to resolve.  This was previously referred to as a Decree Absolute.  Only once the Final Order is granted are you officially divorced and free to remarry, however, we suggest you take legal advice before doing this.

7. Finances and Children Arrangements

The divorce itself only ends the marriage and does not automatically resolve financial matters or arrangement for children.  It is extremely important that you seek legal advice on these matters so our team can ensure you are financially protected in the future.

8. Timescale and Cost?

A typical divorce in England takes at least 6–7 months subject to financial matters being resolved.  At Clarkes, we offer a fixed fee divorce scheme to provide clarity and peace of mind to clients when it comes to the cost!