How Do I Get a Divorce in England & Wales
7th May 2025
Divorce is a significant life decision that can be emotionally challenging and legally complex. In England & Wales, the process has thankfully become more straightforward in recent years, following the introduction of no-fault divorce laws in April 2022.
In this article Senior Solicitor Shakeel Malik, provides a clear guide as to how divorce works in England & Wales, what steps are required, and how long divorce typically takes.
If you are considering ending your marriage and require advice on Divorce, our experienced Team of Matrimonial Lawyers are on hand to assist you.
To discuss how we can help, please contact your local Kingsfords office in Ashford, Cranbrook or Hythe. Alternatively, you can Get In Touch via our website enquiry icon, or by calling us on 01233 665544.
Understanding the Basics: Can I Get a Divorce?
You can apply for a divorce in England or Wales if all the following apply :-
- You’ve been married for at least one year.
- Your relationship has permanently broken down.
- Your marriage is legally recognised in the UK.
- Your permanent home (or that of your spouse) is in England or Wales.
What is No-Fault Divorce?
Previously, divorce required one spouse to blame the other for the marriage’s irretrievable breakdown, through such grounds as adultery, unreasonable behaviour, or both had to live apart for several years. Under the Divorce, Dissolution and Separation Act 2020, you no longer need to give a reason or prove fault. Now, a simple statement that the marriage has broken down irretrievably is sufficient.
This reform aims to reduce conflict and make the process more amicable, especially important when children or shared property are involved.
How to Start a Divorce in England
Step 1: You can apply for a divorce either online through the Government’s website, or by post using the paper application for divorce. The online process tends to be quicker.
You can apply either individually (as a sole applicant), or jointly with your spouse (as joint applicants), if both agree.
You will need either the original or a certified copy of your marriage certificate and proof of any name change/translation, if applicable. Payment of the current application fee is required, unless you qualify for help with fees if on a low income or are receiving benefits.
Step 2: The Court issues the Application and will review your documents, sending a copy to your spouse (the “respondent”), unless it’s a joint application.
The respondent has then 14 days to acknowledge receipt.
Step 3: There is a mandatory 20-week ‘Cooling-Off Period’ from when the application is issued until you can apply for the ‘Conditional Order’, (formerly called ‘Decree Nisi’). This period gives couples time to reflect and potentially reconcile—or to prepare for the separation in relation to matters such as childcare or finances.
Step 4: After 20 weeks has elapsed, you can apply for the ‘Conditional Order’. This confirms the court sees no reason why you cannot divorce. The application is reviewed and if approved will issue the date on which the Conditional Order will be pronounce.
Step 5: Six weeks and one day after the Conditional Order, you can apply for the ‘Final Order’ (formerly ‘Decree Absolute’), which legally ends your marriage.
A Certificate confirming the divorce is final and you are no longer married will be sent to each spouse and should be kept in a safe place.
How Long Does a Divorce Take?
The entire process takes a minimum of 26 weeks (approximately six months), by reference to the periods mentioned in the previous paragraphs.
However, delays can occur if one party is slow to respond, or the financial or any child arrangements become contentious. As ever court backlogs can also add to delay in some cases. Realistically, many divorces take between 6 to 9 months, and potentially longer if financial settlements or child custody issues need separate legal proceedings.
What About Finances and Children?
Divorce legally ends your marriage, but does not automatically deal with future financial arrangements, or those relating to any children.
Agreement will need to be secured on:
- Property (e.g., who keeps the family home or should it be sold).
- Savings and debts.
- Spousal maintenance
You can create a financial ‘Consent Order’, which makes your agreement legally binding. If you can’t agree, you may need to go to court for a ‘Financial Remedy Order’.
If you have children, you will be encouraged to agree on:
- Where the children will live.
- How much time they’ll spend with each parent.
- Child maintenance payments.
You don’t need a court order unless there’s a dispute. (Mediation is often recommended before going to court).
Do I Need a Solicitor?
In matters of such importance we would state that getting legal advice is wise, especially if there are complex financial assets such as businesses or pensions involved, or you suspect your spouse is hiding assets.
Similarly if there’s a disagreement about children or abuse involved securing legal advice will help you secure peace of mind and help optimises the outcome.
Some people use a solicitor for just part of the process (e.g., assisting with the finances given the complex area) to keep costs down.
Often speaking with a solicitor or other family law professional can give you clarity and provide peace of mind.
Divorce for Civil Partnerships
The process for ending a civil partnership (called ‘dissolution’), is effectively identical to divorce. You will still need to have been in the partnership for at least one year and follow the same no-fault procedure.
The same ‘step by step’ time frames detailed above applies.
Final Thoughts
Divorce in England has become more straightforward thanks to no-fault laws, which remove blame and reduce hostility. Though the process takes a minimum of six months, it gives time for careful decisions about finances, children, and your future.
Contact Us
If you feel unsure about any of the issues raised, our Team of Matrimonial lawyers are on hand to support you. Please contact your local Kingsfords office in Ashford, Cranbrook or Hythe. Alternatively, you can click on the “Get in Touch” icon on the right hand side of our Website to send an enquiry and a member of our team will get back to you promptly. You can also call us directly on 01233 665544, to discuss your concerns without obligation.
Shakeel Malik
Shakeel Malik is a fully disciplined family law solicitor dedicating himself to matrimonial work but experienced in multiple areas of law.
He joined Kingsfords in May 2024 from a Legal 500 firm and previously to that, worked for a high street practice in Swale for over a decade at which he established a strong local reputation. Whilst there he also dealt with matters relating to landlord and tenant, civil, personal protection, adoption, and children’s law, as well as immigration before this.
Clients and other professionals often comment on how Shakeel is alert to the feelings and circumstances of his clients. He is additionally known for his integrity and providing solid, straightforward, realistic advice and completing tasks in a methodical manner.
Shakeel handles a broad range of matrimonial finance matters advising in all aspects of marriage and relationship breakdown, with preference to taking a non-confrontational approach to retain amicability between parties, which in recent times is the Courts principal preference for resolution. He is however ready to adopt a robust approach when necessary, utilizing his skillset fully. He additionally assists when it comes to arrangements for children and is highly knowledgeable, versatile, and diligent.
