Family Law · Divorce Process Guide
The Divorce Process Explained
Step-by-Step Guide to No-Fault Divorce in England & Wales
Chester & Cheshire divorce solicitors. Clear, practical guidance at every stage.
Speak to a Divorce SolicitorThe divorce process in England and Wales changed significantly in April 2022 with the introduction of no-fault divorce. You no longer need to prove blame or fault — you simply state that the marriage has irretrievably broken down. This guide explains each stage of the process, how long it takes, and what you need to do.
Our Chester-based family law solicitors guide clients across Chester, Cheshire and North Wales through every stage of the divorce process — from the initial application to the final order and financial settlement.
The 6 Stages of Divorce in England & Wales
Decide to Divorce
Before you startBefore applying for divorce, you must have been married for at least one year. Under the no-fault divorce process (introduced April 2022), you no longer need to prove fault or blame — you simply state that the marriage has irretrievably broken down. You can apply as a sole applicant or jointly with your spouse.
Tip: Consider whether you want to apply jointly (both parties agree) or as a sole applicant. Joint applications can reduce conflict and cost.
Submit the Divorce Application
Day 1The divorce application is submitted online through the HMCTS portal. The court fee is currently £593. We prepare and check the application for you, ensuring it is accurate and complete. In a sole application, your spouse is served with the application and must acknowledge it within 14 days.
Tip: Do not delay sorting out financial matters while waiting for the divorce to progress. The two processes can run in parallel.
20-Week Reflection Period
Weeks 1–20The law requires a mandatory 20-week period from the date of application before you can apply for a conditional order. This period is designed to allow reflection and to give both parties time to resolve financial and children matters. During this time, we work on your financial settlement and any children arrangements.
Tip: Use this period productively — gather financial disclosure, instruct a pension actuary if needed, and work towards a financial agreement.
Apply for the Conditional Order
Week 20+After 20 weeks, you apply for a conditional order (formerly known as decree nisi). The court reviews the application and, if satisfied, grants the conditional order. This confirms the court sees no legal reason why you cannot divorce. You do not need to attend court for this.
Tip: The conditional order does not end your marriage — it is a step in the process. You are still legally married at this stage.
6-Week Waiting Period
Weeks 26–32You must wait at least 6 weeks after the conditional order before applying for the final order of divorce. This waiting period is a legal requirement. During this time, ensure your financial settlement is agreed and a consent order is ready to be submitted.
Tip: Do not apply for the final order until your financial settlement is agreed and a consent order is in place — otherwise you may lose important financial rights.
Apply for the Final Order of Divorce
Week 26+The final order of divorce (formerly decree absolute) is the document that legally ends your marriage. Once granted, you are legally divorced. There is no additional court fee for the final order. The process is complete.
Tip: Keep your final order safe — you will need it if you remarry, for pension purposes, or for various financial and legal matters.
Key Points About the Divorce Process
- The minimum time from application to final order is 26 weeks (approximately 6 months)
- You do not need to attend court for a straightforward divorce
- Divorce proceedings and financial proceedings are separate — both should run in parallel
- A consent order is strongly recommended to make your financial agreement legally binding
- Do not apply for the final order until financial matters are resolved
- Under no-fault divorce, your spouse cannot prevent the divorce from proceeding
- You can apply jointly with your spouse or as a sole applicant
Frequently Asked Questions
How long does a divorce take in England and Wales?
The minimum time from application to final order is 26 weeks (approximately 6 months) — this is due to the mandatory 20-week reflection period plus the 6-week wait after the conditional order. In practice, most straightforward divorces complete in 6–9 months. Where financial matters are contested or complex, the overall process can take 12–18 months or longer.
What is no-fault divorce?
No-fault divorce was introduced in England and Wales in April 2022. Under the previous law, you had to prove one of five facts (such as adultery or unreasonable behaviour) to obtain a divorce. Under the new law, you simply state that the marriage has irretrievably broken down — no blame or fault is required. This has significantly reduced conflict in divorce proceedings.
What is the difference between a conditional order and a final order?
The conditional order (formerly decree nisi) is the court's confirmation that it sees no reason why you cannot divorce. It does not end the marriage. The final order of divorce (formerly decree absolute) is the document that legally ends your marriage. You must wait at least 6 weeks after the conditional order before applying for the final order.
Do I need to go to court for a divorce?
No. The vast majority of divorces in England and Wales are dealt with entirely on paper — you do not need to attend court. Court hearings are only required if you cannot agree on financial matters or child arrangements, and even then, many cases settle before a final hearing.
What happens to finances during the divorce process?
Divorce proceedings and financial proceedings are separate processes that run in parallel. The divorce itself does not resolve financial matters — a separate financial order (consent order) is required to divide assets and achieve a clean break. We strongly recommend resolving financial matters before applying for the final order.
Can my spouse stop the divorce?
Under the no-fault divorce process, your spouse cannot prevent the divorce from proceeding. They can only delay it on very limited grounds. In a sole application, your spouse must acknowledge service of the application, but their refusal to cooperate does not stop the process.
Related Pages
Funding Your Legal Fees
Own a property? You may not need savings to fund your case.
If you jointly own the matrimonial home, a Sears Tooth agreement allows us to secure our fees against your share of the property — meaning no upfront payment is required. Fees are deducted when the property is sold or transferred. This option is particularly suited to non-working spouses or those with limited income.
Explore all funding optionsWe do not accept legal aid cases. PDA Law is a private client practice. All family law matters are funded privately — through direct fees, payment plans, or a Sears Tooth agreement where applicable.
Your Family Law Specialist
Martin Dias
Family Law Executive
Martin brings almost 30 years of specialist family law experience to every case — divorce, separation, financial settlements and children matters. Clients value his straight-talking honesty, patience, and genuine emotional support throughout what is often a very difficult time.
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