Divorce law in England and Wales changed on 6 April 2022, when the Divorce, Dissolution and Separation Act 2020 came into force. The reform removed the need to blame anyone for the end of a marriage. There is now a single route, based on a simple statement, with a structured timetable that everyone follows. This guide walks through the process step by step, explains the difference between sole and joint applications, and covers the two things the divorce itself does not resolve: money and children.
What changed in April 2022
Before the reform, an applicant had to rely on one of five facts, such as behaviour or years of separation. That often pushed couples into blame at exactly the moment they needed to cooperate. Under the current law there is one ground for divorce: the irretrievable breakdown of the marriage. You show it with a statement in the application, and the court accepts that statement as conclusive.
A divorce can also no longer be defended in the old sense. A respondent can still raise limited points, for example about whether the courts of England and Wales have jurisdiction or whether the marriage is legally valid, but they cannot argue that the marriage has not broken down. For most people this removes the fear that a reluctant spouse can hold the process hostage.
The process step by step
1. Check you can apply. You must normally have been married for at least a year, and the courts of England and Wales must have jurisdiction, which usually depends on where you and your spouse live.
2. Prepare the application. Most applications are made online through the HMCTS portal. You will need your marriage certificate (with a certified translation if it is not in English), full details for both parties, and the statement of irretrievable breakdown. A court fee is payable: check the current figure on GOV.UK. Help with fees may be available if you are on a low income.
3. Issue and service. The court issues the application and, in a sole application, sends it to your spouse, who becomes the respondent. The respondent then completes an acknowledgement of service within the time limit set out in the papers. If a respondent goes quiet, there are established ways to prove service, so silence delays matters but does not stop them.
4. Apply for the conditional order. Once at least 20 weeks have passed from the start of proceedings, you can apply for the conditional order. This is the court confirming you are entitled to a divorce.
5. Apply for the final order. After a further 6 weeks and 1 day, you can apply for the final order, which legally ends the marriage. It is often sensible to pause at this stage until finances are settled, for reasons explained below.
Sole or joint applications
You can apply on your own or together with your spouse. A joint application suits couples who have both accepted the marriage is over and want to keep things cooperative: you complete the steps together and neither of you is cast as the respondent. If one of you later stops engaging, the other can usually continue alone, so a joint start does not trap you.
A sole application makes sense where your spouse is unlikely to cooperate, where there has been abuse or a breakdown in communication, or where you simply want control of the timetable. Neither route is quicker than the other, and neither affects how finances or children are dealt with.
The timeline at a glance
The law builds in a minimum 20-week period between the start of proceedings and the conditional order, then a further 6 weeks and 1 day before you can apply for the final order. In practice that means a divorce takes roughly six months at an absolute minimum, and most take longer once court processing, service and financial negotiations are factored in. The 20-week period is deliberate: it gives both parties time to reflect and, importantly, time to start sorting out practical arrangements.
Why finances need a separate order
This is the point people most often get wrong. The final order ends the marriage, but it does not end the financial claims you and your former spouse have against each other. Without a court order dealing with money, either of you could bring a financial claim years later, even after new relationships, new houses and new savings. Only a financial order, whether agreed by consent or decided by a judge, closes those claims off.
There are also good reasons not to rush the final order itself. Ending the marriage before finances are resolved can affect matters such as pension entitlements if one spouse dies in the meantime. Our financial remedies page explains the options, from clean break orders to arrangements covering property, pensions and maintenance. Even where a couple agrees everything amicably, it is worth having the agreement made into a consent order so it is binding.
Child arrangements in brief
The divorce application does not ask the court to decide anything about your children. Where children live, how time is shared and how you communicate as co-parents are separate matters. Many parents agree arrangements between themselves, sometimes with help from mediation. Where agreement is not possible, the court can make a child arrangement order. Keeping the divorce and the children’s arrangements separate is deliberate: it means neither is held up by the other.
Common mistakes to avoid
A few errors come up again and again. Applying for the final order before finances are resolved is the big one, for the pension and claims reasons above. Assuming the divorce itself gives you a financial clean break is another. Getting names or details wrong on the application causes avoidable delay, as does poor service on a respondent who has moved. Finally, remarrying before financial claims are dealt with can restrict what you are later able to apply for, so take advice before any remarriage if money remains unresolved.
When advice helps
Plenty of people manage the divorce application itself without difficulty. Advice earns its keep where there are pensions, a business, property in more than one name or country, a spouse who will not engage, or any history of abuse or control. It also matters wherever finances are more than trivial, because a consent order drafted properly now generally costs far less than litigation later.
This guide is general information, not legal advice about your situation. If you are thinking about divorce, our divorce page covers our approach, and we offer a free 15-minute consultation so you can talk through your circumstances before deciding anything. You can get in touch whenever you are ready.
Contact RakLAW Solicitors today T: 0203 345 2000 E: info@raklaw.co.uk W: www.raklaw.co.uk