Divorce process: first steps, timings and what not to overlook

Can you divorce?

In England and Wales, GOV.UK says you can get divorced if you have been married for over a year, the relationship has permanently broken down, and the marriage is legally recognised in the UK. Civil partnership dissolution has a similar but separate route.

The modern process is no fault. That means the application does not need to prove adultery, unreasonable behaviour or a period of separation. The legal focus is on the statement that the marriage has broken down irretrievably.

The application

A divorce can usually be started online or by post. GOV.UK currently lists the divorce application fee as £612. You may be able to get help with court fees if you are on a low income or receive certain benefits.

Before applying, collect the marriage certificate, current names and addresses, any proof of name change, and an email address for the other spouse if service is to happen online. If you do not know where the other person lives, that needs to be addressed carefully because service problems can slow the case down.

You can apply alone or jointly. Joint applications can work well where communication is reasonable, but they are not always suitable if one person is likely to disengage, delay or use the process to maintain pressure.

Conditional order

The conditional order is the stage where the court accepts that you are entitled to a divorce, but the marriage has not yet legally ended. It used to be called decree nisi for older cases. This stage matters because financial orders are normally dealt with around the divorce timeline.

Do not confuse emotional closure with legal completion. A conditional order does not resolve money, pensions, property or children. Those issues need separate attention.

Final order

The final order legally ends the marriage. GOV.UK says you need to wait at least 43 days, which is 6 weeks and 1 day, after the conditional order before applying for the final order.

Be careful about applying for the final order before financial arrangements are properly dealt with. GOV.UK warns that if you want a legally binding arrangement for dividing money and property, you must apply to court for this before applying for the final order or decree absolute. The timing can matter particularly for pensions and other financial consequences.

Money and property

Divorce itself does not automatically split the finances. A financial consent order or financial remedy order may be needed to create finality. Without a proper order, future financial claims can remain a problem even after the divorce is complete.

Start by building a financial picture: home, mortgage, rent, debts, savings, pensions, income, business interests, vehicles, insurance and major household contents. A short schedule of assets and liabilities is often more useful than a long argument about who behaved badly.

Children

Arrangements for children are usually dealt with separately from the divorce application. Parents can agree arrangements privately, record them in a parenting plan, use mediation, or apply for a court order if agreement is not possible or safety requires it.

Keep the children track child-focused. The most useful questions are where the child lives, how time is shared, handovers, holidays, school communication, travel, medical decisions and how changes will be handled.

The short version

Divorce ends the marriage. It does not automatically sort money, property, pensions or children. Treat the process as several linked jobs: apply correctly, watch the conditional and final order timings, organise the finances, and make child-focused arrangements where children are involved.

Nothing in this guide is legal advice for your specific situation.

Related guides

• Financial arrangements on divorce or separation
• Child arrangements after separation
• GOV.UK: get a divorce

All resources