Understanding divorce in England and Wales | a complete guide to the legal process

Facing the prospect of divorce can feel overwhelming. We understand that this is more than a legal procedure, it’s a deeply personal and often challenging chapter of your life. This guide is designed to provide you with clear, straightforward information about divorce, so you can feel informed and prepared every step of the way. Around two in five marriages end in divorce, so thousands of couples go through this particular legal process each year. 

If you’re considering divorce in England and Wales, you may have questions about how it works, including how long a divorce takes and what happens after you apply.

This guide takes you through the entire divorce process from the initial application to the Final Order, including the points where delays or complications can arise.

The process can be broken down into six stages:

1. Submit a divorce application
2. The application is served on the other spouse
3. Complete the mandatory 20-week waiting period
4. Apply for a Conditional Order
5. Wait at least six weeks
6. Apply for the Final Order to legally end the marriage

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Before you apply for a divorce in England and Wales

You might assume that once you submit a divorce application, the legal process takes care of everything else and all you need to do is wait.

Here’s what to know before applying for a divorce:

1. A divorce only ends the marriage. It doesn’t decide who keeps the house, how you’ll divide pensions or what happens to other finances. These issues are addressed separately and often persist after the divorce application has been filed.

2. Before applying, check that you’re legally able to start the divorce process. In England and Wales, you can’t apply for a divorce until you’ve been married for at least one year.

3. The process follows a fixed legal timetable. You can’t skip stages or apply for a Final Order straight away, even if you and your spouse agree on everything.

Not every divorce follows the same path. For example, if your spouse can’t be found, now lives abroad or doesn’t respond to the application, there are legal procedures to deal with those situations, and they don’t always prevent the divorce from moving forward.

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Starting the divorce application – what to expect

The first step is submitting a divorce application to the court.

You can apply on your own as a sole applicant or make a joint application with your spouse if you’ve both agreed to end the marriage.

Most applications are now submitted online, although paper applications are still available in some circumstances if you prefer. You’ll need details about your marriage and your marriage certificate, and you’ll be asked to confirm that the marriage has broken down irretrievably. Under the no-fault divorce system, you don’t need to explain why the marriage has ended or provide evidence about your relationship.

Some divorce applications require additional steps.

If you’ve been married for less than a year, your spouse lives overseas or you’re unsure where they’re living, the process can become more complex.

Although many divorces follow the same legal process, no two situations are exactly alike. If there are assets, pensions, business interests or an international element, it’s often sensible to speak to an experienced divorce solicitor before submitting your application. Early legal advice can help you understand your options and identify any issues that may need to be addressed alongside the divorce itself.

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Serving the divorce application

Once your application has been issued by the court, a copy must be sent to your spouse.

This is known as service and is an important part of the legal process, as the court must be satisfied that your spouse has been informed about the divorce.

In a straightforward case, your spouse receives the application, acknowledges it and the divorce moves to the next stage. Problems with getting the divorce application started usually arise when your spouse has moved, is living overseas or chooses not to respond.

It’s important to remember that a lack of cooperation from the respondent doesn’t necessarily prevent the divorce from progressing.

The court has procedures for dealing with situations where documents can’t be served in the usual way or a spouse ignores the application.

If you’re having difficulty serving divorce papers or you’re unsure how to proceed, taking legal advice early can help you avoid unnecessary delays and ensure the correct procedure is followed.

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The 20 week waiting period during a divorce

After the divorce application has been issued, there is a mandatory 20-week waiting period before you can apply for a Conditional Order.

Although it’s often referred to as a cooling-off period, there is usually plenty to do during this time:

Next Step	Why
Gather financial information	Having an up-to-date picture of your finances can make discussions and negotiations much smoother.
Seek legal advice	A divorce solicitor can explain your legal position and help you avoid decisions that may affect you later.
Discuss financial arrangements	If possible, start talking about property, pensions, savings and other assets before the divorce reaches its final stages.
Review your Will	Your existing Will may no longer reflect your wishes, so it’s an opportune time to review it at an early stage.
Organise important paperwork	Keeping financial documents, mortgage details and other records together can save time as the process progresses.
Children Issues	Where applicable, begin discussing arrangements for your children.

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Reaching the Conditional Order – is the divorce final?

Once the mandatory 20 week waiting period has ended, you can apply for a Conditional Order.

If the court is satisfied that all legal requirements have been met, it will grant the Conditional Order, allowing the divorce to proceed to its final stage.

Although the Conditional Order is an important milestone, it’s often the point at which people begin thinking ahead to the end of the divorce process. While you can apply for a Final Order after the required waiting period, it’s not always the right time to do so. Depending on your circumstances, particularly if finances are still being resolved, you should speak to an experienced divorce solicitor before taking the next step.

We’ll explain the role of the Conditional Order, the legal timescales and when it may be appropriate to apply for a Final Order in more detail later in this guide.

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Applying for the Final Order

Once the required waiting period has passed, you can apply for a Final Order. 

This document legally ends your marriage.

For many people, applying for a Final Order is the final step in the divorce process, but financial issues may still be ongoing.

While the Final Order changes your legal status, it doesn’t automatically resolve every issue arising from the separation. Issues such as finances, arrangements for children and updating your personal affairs often continue after the divorce itself has been finalised.

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Common reasons a divorce can take longer than expected

Delays in a divorce can occur for several reasons, particularly when the circumstances are more complex.

Sometimes a divorce can take longer due to:

• Problems serving the divorce application, particularly if your spouse can’t be found or lives abroad.
• Your spouse doesn’t respond after receiving the application.
• Errors or missing information on the application that need to be corrected.
• Overseas components requiring additional steps/documents.
• Court processing times at different stages of the application.
• Waiting to apply for the Final Order, for example where financial issues are still being resolved.
• Problems obtaining a marriage certificate, especially if you were married overseas or need a certified translation.
• Dispute over whether the courts in England and Wales have jurisdiction to deal with the divorce.
• The divorce application is challenged, although this is only possible on limited legal grounds under no-fault divorce.
• One person doesn’t complete a required step when expected, which can mean the other spouse has to take action to move the divorce forward.
• Changes during the proceedings, such as reconciliation or deciding to pause the divorce.
• Deliberately delaying the Final Order on legal advice, where finalising the divorce could affect financial or other rights.

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Issues that can arise during a divorce

Some of the issues people commonly ask about the divorce process include:

Your home

You may be wondering whether you can change the locks, move out of the family home or start living with a new partner before the divorce is final. The answer will depend on your circumstances.

Communication

Text messages, emails and social media posts can all become relevant during legal proceedings in certain situations. Before sharing any information online or recording conversations with your spouse, you should understand how this could affect your position and take advice.

Family life

If you have children or pets, you’ll also need to think about the practical arrangements after separation. While these issues are separate from the divorce itself, they often need to be addressed at the same time.

Moving on

It’s natural to think about the future and many people going through a divorce have legitimate questions about starting a new relationship, getting back together during the divorce process or when they’re legally free to remarry.

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Getting the right legal advice for divorce

Although the legal process for divorce in England and Wales is now more straightforward than it once was, it’s still important to understand what each stage involves and how the decisions you make along the way could affect your future.

Whether you’re thinking about applying for a divorce or you’re already partway through the process, getting the right advice at the right time makes a significant difference in ensuring it runs smoothly and keeps everything on track. 

An experienced divorce solicitor can help you better understand your legal position and avoid unnecessary delays, guiding you through each stage of the divorce process with confidence.