DIVORCE // What to Expect: The Divorce Timeline in England and Wales
Deciding to end a marriage or civil partnership is one of the most significant legal, financial and emotional transitions in life. While it is always an emotional journey, understanding the legal process can provide structure and clarity at a time that can otherwise feel overwhelming. Since the Divorce, Dissolution and Separation Act 2020, which came into force in April 2022, the process has been simplified, removing the need to assign blame. Today, the only requirement is to confirm that the marriage or partnership has irretrievably broken down. Below, we set out the key stages of the legal process and what you can expect in terms of costs and timing.
Knowing the process, and the timeframes involved for divorce, can help you plan ahead with greater clarity. This guide walks you through each stage of the divorce process in England and Wales, from eligibility through to the Final Order, as well as the financial and family considerations that often run alongside it.
The Legal Foundation: When Can You Divorce?
Under the current law, couples must have been married for at least one year before they are eligible to apply for a divorce. The sole ground is that the marriage has irretrievably broken down.
This replaced the old system, where parties had to cite fault (such as adultery or unreasonable behaviour) or demonstrate lengthy separation, with a “no-fault divorce” framework. The reform reflects a societal recognition that the legal system should not inflame conflict or require couples to apportion blame in order to move forward.
For many, this has been a welcome development, encouraging a more constructive approach to separation. For others, it has created frustration, as the court no longer provides a platform to narrate the history of marital breakdown.
Choosing the Path: Joint or Sole Applications
One of the most significant changes is the ability to file a joint application. This reflects a shift toward treating divorce as an administrative recognition of what has already occurred in practice, rather than a battle.
Joint applications are designed for couples who remain able to cooperate. Each spouse plays a role in the paperwork, acknowledging receipt of applications and progressing the case in tandem. Importantly, if cooperation falters, either spouse may continue as a sole applicant.
Sole applications, by contrast, allow one spouse to initiate proceedings without the other’s consent. The respondent must complete an acknowledgement of service within 14 days. The grounds on which a divorce can be disputed are extremely limited; lack of jurisdiction, an invalid marriage, or evidence that the marriage has already legally ended. Objections based on personal or religious reasons are not sufficient.
The choice between joint and sole applications has both practical and emotional implications. Joint applications may preserve goodwill and trust, but where there is a history of domestic abuse, coercion, or deep power imbalance, a sole application provides protection and autonomy.
Beginning the Process: Documents, Fees, and Accessibility
Applications can be submitted either online via the government’s digital portal or by post. Regardless of the route, applicants will need to provide:
A marriage certificate (original or certified copy).
A certified translation if the certificate is in a foreign language.
Evidence of any name changes.
The respondent’s current address or email.
The court fee for filing is currently £612. However, applicants with limited income or savings may qualify for the government’s Help with Fees scheme, ensuring the process remains accessible. This can be claimed either online (using a reference number during the application) or by post before lodging the divorce papers.
These practical requirements may seem mundane, but missing documents or incorrect details can cause significant delays. Meticulous preparation at the outset saves time and reduces stress later.
The Cooling-Off Period: The Conditional Order
Once the application is accepted, the law requires a 20-week waiting period before the couple can apply for a Conditional Order (previously the Decree Nisi).
This stage is not a mere formality. It is deliberately built into the system as a period of reflection. For some, it provides space to explore reconciliation. For most, it is an opportunity to engage with parallel but crucial conversations about finances, children, and living arrangements.
Only once a Conditional Order is granted can the court approve a financial settlement order, meaning that this stage forms a critical hinge between divorce as a legal formality and divorce as a practical restructuring of lives.
Finality: The Final Order
A further six weeks and one day must pass after the Conditional Order before an applicant can apply for the Final Order (formerly the Decree Absolute). This is the document that legally dissolves the marriage.
It is essential to understand that the Final Order not only ends the marital bond but also carries significant legal implications, particularly in relation to inheritance, pensions, and spousal rights. For instance, a surviving spouse who has not yet applied for a Final Order would still benefit under intestacy rules if their partner were to die. Timing, therefore, requires careful thought, particularly when financial settlements are still under negotiation.
Beyond Divorce: Financial Settlements
The divorce process itself does not determine financial arrangements. Without a court-approved financial order, either party may retain the right to make claims against the other long after the marriage has ended, sometimes decades later.
Financial orders may deal with:
Division of property, savings, and investments.
Pension sharing or offsetting.
Spousal maintenance.
Clean break agreements, which draw a definitive financial line between parties.
Given the long-term consequences, independent legal advice is highly advisable. Mediation is often encouraged as a constructive first step, but where disputes remain unresolved, the court may intervene to ensure fairness.
Children and Family Dynamics
While the divorce process acknowledges the legal end of the marital relationship, the responsibilities of parenthood continue. Decisions about where children live, how time is shared, and how financial support is provided sit outside the divorce application itself.
Courts encourage parents to reach agreements privately or through mediation. Where this proves impossible, either party may apply for a Child Arrangements Order, which sets legally binding terms around a child’s welfare. The guiding principle is always the best interests of the child, with stability and safety prioritised above all else.
Special Considerations: Mental Capacity
In some cases, one spouse may lack the mental capacity to engage with the process. Here, the law provides for the appointment of a litigation friend, someone who acts in the person’s best interests. This could be a trusted family member, or, in the absence of suitable candidates, the Official Solicitor may step in to fulfil this role.
This safeguard ensures that vulnerable individuals are not disadvantaged, though the process can be more complex and time-consuming.
The Timeline in Perspective
While the minimum timeframe from application to Final Order is just over six months, real-world divorces often take longer. Financial negotiations, child arrangements, and procedural delays can stretch the process to a year or more. For those with international assets or complex estates, the timeline can extend further still.
The statutory framework, however, provides a clear rhythm:
20 weeks from application to Conditional Order.
6 weeks and 1 day from Conditional Order to Final Order.
Understanding this timeline helps manage expectations and prevents frustration with what can otherwise feel like a slow-moving system.
Conclusion:
The divorce process in England and Wales has been deliberately reshaped to reduce hostility, encourage cooperation, and give couples space to transition thoughtfully. Yet, despite its procedural clarity, divorce remains an emotionally charged experience, with long-term financial and familial consequences.
Approaching the process with knowledge, careful preparation, and the right professional guidance can transform what feels overwhelming into something navigable. Divorce, after all, is not just the closing of one chapter; it is the beginning of another. Ensuring that it begins with clarity, fairness, and stability is the surest foundation for the future.
Divorce in England & Wales: Checklist
Eligibility
Married for at least 1 year
Marriage has irretrievably broken down
Application Options
Joint application (both apply together)
Sole application (one applies, the other responds)
Documents Needed
Marriage certificate (plus translation if not in English)
Evidence of any name changes
Respondent’s current address/email
Costs & Support
Court fee: £612
PROFESSIONAL FEES
Check eligibility for Help with Fees scheme
Key Stages & Timelines
Application submitted (online or by post)
20-week waiting period → Apply for Conditional Order
6 weeks + 1 day later → Apply for Final Order (legal end of marriage)
Minimum time: ~6 months.
Typical time: 9–12 months (longer if finances/children are complex)
Finances
Divorce does not settle finances automatically
Apply for a Financial Order (clean break or settlement)
Without this, claims can be made years later
Children
Try private agreement or mediation first
If unresolved, apply for a Child Arrangements Order
Special Circumstances
If a spouse lacks mental capacity → appoint a litigation friend or involve the Official Solicitor
Practical Tips
Gather paperwork early (certificates, translations, ID)
Consider mediation for smoother agreements
Time Final Order carefully — e.g. wait if finances/inheritance are unresolved
Seek professional advice for financial and international complexities
Key Resources on Divorce & Finances in England & Wales
Gov.uk – Financial Orders After Divorce
Resolution – Family Lawyers Who Promote Constructive Solutions
Citizens Advice – Ending a Marriage or Civil Partnership
