Divorce in England & Wales: A Plain English Guide

Under the no-fault divorce process introduced in April 2022, the minimum period from application to final order is approximately 6 months. This comprises a 20-week reflection period after the conditional order application, followed by a further 6-week period before the final order can be applied for. In practice, most divorces take 6–12 months, depending on how quickly the financial settlement is resolved.

No. Since April 2022, England and Wales operates a no-fault divorce system. Either spouse can apply for divorce without the other's agreement, and without having to prove fault (such as adultery or unreasonable behaviour). The only ground for divorce is that the marriage has irretrievably broken down.

The conditional order (formerly the decree nisi) is the court's confirmation that you are entitled to a divorce. The final order (formerly the decree absolute) is the document that legally ends the marriage. You must wait at least 6 weeks and 1 day after the conditional order before applying for the final order. Do not apply for the final order until your financial settlement is in place.

Not usually. Most divorces are dealt with entirely on paper (or online) without either party attending court. Court hearings are only required if there is a dispute about the divorce itself (rare under the no-fault system) or if financial or children proceedings become contested.

The court has wide discretion to divide matrimonial assets in a way that is fair to both parties. Factors include the length of the marriage, the contributions of each party, the needs of any children, each party's earning capacity, and the standard of living during the marriage. The starting point is an equal division, but this can be adjusted significantly depending on the circumstances.

The family home is usually the most significant matrimonial asset. Options include: one party buying out the other's share; selling the property and dividing the proceeds; or a Mesher order, which defers the sale until a trigger event (such as the youngest child reaching 18). The right approach depends on your individual circumstances.

Divorce proceedings do not automatically deal with arrangements for children. If you and your spouse can agree on where the children will live and how much time they spend with each parent, you do not need a court order. If you cannot agree, either party can apply to the court for a Child Arrangements Order. The court's paramount consideration is the welfare of the children.

You can apply for divorce yourself using the online portal. However, a solicitor is strongly advisable for the financial settlement — a poorly drafted consent order can leave you financially exposed for years. We offer fixed fees for straightforward divorces and can advise on the most cost-effective approach for your circumstances.

A consent order is a court order that records the financial agreement reached between divorcing spouses. Once approved by the court, it is legally binding and provides a clean break — preventing either party from making future financial claims against the other. Without a consent order, financial claims remain open indefinitely, even after the divorce is finalised.