How Divorce Works in England and Wales – Step-by-Step

No Fault Divorce Explained

This guide explains the complete divorce process under the current no-fault system, from
application to Final Order, including how finances and children issues fit into the wider
framework.
Introduced in 2022, no-fault divorce removes blame and reduces conflict.
Either spouse (or both jointly) can apply.

Key points:

1. No need to prove adultery or unreasonable behaviour
2. No ability to defend the divorce
3. Couples can file jointly

THE DIVORCE TIMELINE

Step 1 — Apply
Online system or solicitor submits application.
Step 2 — 20-Week Reflection Period
Mandatory.
Used to negotiate finances and children arrangements.
Step 3 — Conditional Order
Formerly Decree Nisi.
Court confirms the marriage can legally end.
Step 4 — Final Order
Legally ends the marriage.

DIVORCE DOES NOT COVER THE FINANCES

A common misconception

You need a financial consent order approved by the court, even if you reach agreement
privately.

Without it:

1. Your ex could make claims years later
2. You’re financially vulnerable

CHILDREN MATTERS ARE SEPARATE

These are handled by:

1. Parenting plans
2. Solicitor negotiation
3. Mediation
4. Court applications (C100)

Judges expect parents to avoid court unless necessary.

WHEN YOU SHOULD SEEK LEGAL ADVICE

1. If there are assets
2. If you own a home
3. If you have children
4. If the case is international
5. If the relationship is unsafe

KEY QUESTIONS

1. How long will my divorce take?
2. Do I need a consent order?
3. What is the best way to protect my finances?
4. Do I need interim arrangements?