If you are divorcing and unsure where to start, understanding the legal process for divorce can help you plan the next steps with confidence. Divorce in England and Wales is now simpler and less confrontational than it used to be, but there are still key stages and practical considerations to keep in mind.

The legal ground for divorce

Since the Divorce, Dissolution and Separation Act 2020, which came into force in April 2022, there has been only one legal ground for divorce – that the marriage has broken down irretrievably. You no longer need to prove adultery, unreasonable behaviour, or any other “fault”. This reform was designed to reduce conflict and allow couples to focus on resolving finances and arrangements for children rather than apportioning blame.

Starting the divorce application

You can apply for a divorce in one of two ways:

  • Sole application – where one person (the applicant) applies and the other (the respondent) is served with the paperwork; or
  • Joint application – where both spouses apply together as Applicant 1 and Applicant 2.

The application is made online through the government portal. The process is largely administrative and does not require attendance at court unless there is a dispute about jurisdiction.

A joint application can be particularly helpful if communication is cooperative, as it enables both parties to move through the steps together and receive updates simultaneously. However, where communication has broken down or there are safeguarding concerns, a sole application gives one person control of the process while maintaining procedural fairness.

Either route leads to the same legal outcome – but the tone and experience can differ significantly.

The reflection period and Conditional Order

Once the divorce application is issued, the court imposes a mandatory 20-week reflection period before you can move to the next stage. This waiting period was introduced to allow both parties time to reflect, consider reconciliation, or begin constructive discussions about finances.

After 20 weeks, the applicant or the applicants can apply for the Conditional Order (formerly known as the Decree Nisi). This is the stage where the court confirms that you are legally entitled to a divorce but the marriage is not yet dissolved.

Applying for the Final Order

Six weeks and one day after the Conditional Order, the applicant or applicants can apply for the Final Order (previously the Decree Absolute). This legally ends the marriage.

However, it is usually advisable not to apply immediately if your financial arrangements have not yet been finalised or approved by the court. Your solicitor will advise you on the best timing based on your specific circumstances.

Timescales and practicalities

In straightforward cases, the divorce process usually takes six to eight months from application to Final Order. The process can often proceed entirely online. You will receive electronic updates from the court at each stage, and your solicitor can monitor progress and manage correspondence on your behalf.

Beyond the legal process

Although divorce formally ends the marriage, it does not resolve financial issues. A separate financial order (by consent or through the court) is required to make any settlement legally binding and ensure that neither party can make further financial claims in the future.

Divorce can feel daunting, but the legal process itself is now relatively straightforward. The key is to understand the sequence – application, reflection period, conditional order, and final order – and to take advice on when to deal with and finalise finances. With early guidance from a family solicitor, the process can be managed calmly, efficiently, and with the least possible emotional and financial strain.

If you are going considering divorce, please contact Yasmin Khan-Gunns and Grainne Fahy.