Divorce FAQs: England and Wales

Divorce is never just a legal process. It is a deeply emotional experience that marks the end of a shared chapter. For many, it is a time of uncertainty, grief, and anxiety, not only about the future but also about how to manage the practical, legal steps that must follow. Whether your decision to separate has been sudden or a long time coming, understanding your rights and options can provide some sense of direction.

This article answers the questions clients frequently ask us about the divorce process in England and Wales. If you are searching for practical guidance, clear answers, or simply wondering how do I get divorced in England and Wales?, these FAQs will help you move forward with confidence.

A Brief Overview of Divorce in England and Wales

In recent years, the law has evolved to reduce hostility between separating couples. The most significant reform came with the Divorce, Dissolution and Separation Act 2020, which introduced no-fault divorce in April 2022. This means couples no longer need to prove wrongdoing or assign blame. It is enough to state that the marriage has broken down irretrievably.

This change has brought England and Wales in line with a more modern and non-confrontational approach to separation. It also applies to civil partnerships.

Who Can Get Divorced in England and Wales?

To apply for a divorce, either you or your spouse must have a permanent connection to England or Wales. This usually means living in either country or considering it your permanent home. If you were married abroad, you can still divorce here as long as the marriage is legally recognised in England and Wales and you meet the residency or domicile requirements.

What Are the Grounds for Divorce Under the Current Law?

The law no longer requires specific grounds such as adultery or unreasonable behaviour. Instead, the only requirement is to demonstrate that the marriage has broken down irretrievably. This change came into effect under the Divorce, Dissolution and Separation Act 2020, which has simplified and softened the process of separation.

Couples can apply individually or jointly, depending on their circumstances. The language of “petitioner” and “respondent” has been replaced by “applicant,” reflecting a more neutral and cooperative tone.

What Is the Process for Applying for a Divorce in England and Wales?

The divorce process can be completed online or via paper forms. Although you do not have to have a Divorce Solicitor advising and representing you, you risk walking away from your marriage with an unfair financial settlement or arrangements for your children that do not work long term if you decide to manage the divorce yourself. This can lead to years of stress, frustration, and conflict, with both parties eventually having to instruct a Divorce Law Solicitor to sort things out regardless.

Once the application is submitted, the court issues an acknowledgement of service to the other party. A mandatory 20-week reflection period follows before a Conditional Order (formerly the Decree Nisi) can be granted. After a further 6-week period, you may apply for the Final Order (previously the Decree Absolute), which legally ends the marriage.

How Long Does the Process Take?

On average, a divorce in England and Wales should take about 7 to 8 months from start to finish, assuming there are no complications. However, there is a significant backlog within the Family Courts and this can lead to longer timescales.

What Are the Costs?

As of 2025, the court fee for filing a divorce application is £612 (2025). This covers the administrative cost of processing the divorce. Some people may be eligible for help with fees, depending on their financial situation.

If you instruct a Family Law Solicitor to assist with the process, additional legal costs will apply. Fixed-fee packages are common, especially for straightforward divorces.

Can My Spouse Contest the Divorce?

Under the no-fault system, it is no longer possible to contest a divorce except in extremely limited situations, such as challenging the jurisdiction of the court or questioning the validity of the marriage itself. This reform has removed one of the most distressing aspects of the old system.

How Are Financial Assets Split?

When a couple divorces, financial arrangements must be made to reflect each party’s needs, contributions, and future plans. The court must consider each of the factors listed under section 25 of the Matrimonial Causes Act 1973, including:

The length of the marriage
Each party’s financial and non-financial contributions
The welfare of any children involved
Earning capacity and future needs

A key case that continues to influence outcomes is White v White, which established that the starting point should not be biased in favour of the breadwinner. Instead, there must be no discrimination between financial and homemaking contributions.

What About Arrangements for Children?

If children are involved, decisions about where they live and how much time they spend with each parent need to be made. These are called child arrangements.

Parents can agree informally or apply for a Child Arrangements Order through the Family Court. All decisions must be guided by the best interests of the child, as set out in the Children Act 1989. Shared parenting is encouraged, provided it supports the child’s welfare.

What are the Common Myths and Misconceptions About Getting Divorced?

There are many misunderstandings about divorce law in England and Wales, including:

That you must be separated for two years (not required under no-fault divorce)
That courts always divide everything 50/50 (not always true)
That mothers always get custody (the law puts children first, not parental titles)
That you cannot get divorced if your spouse refuses (now rarely an issue)

Understanding the facts can help you make informed decisions without unnecessary stress.

Wrapping up

Divorce is not just about ending a legal agreement. It is about letting go of a shared life and navigating change, often with uncertainty, sadness, and hope for a better future. Whether you’re wondering how do I get divorced in England and Wales? or trying to understand your rights as a parent or partner, you deserve clear, supportive information to guide you.

If you have any questions regarding this article, please call our office today on 02476 231000 or email enquiries@askewslegal.co