A Guide To Divorce
Reasons to choose Wilson Browne
Getting divorced can be one of the most emotionally and financially challenging experiences in a person’s life.
Alongside the breakdown of a relationship, there are often important decisions to make regarding children, finances, property, pensions, and future arrangements.
Since April 2022, divorce law in England and Wales has changed significantly with the introduction of “no-fault divorce.” This has simplified the process and reduced much of the conflict previously associated with divorce.
On this page:
- What Is No-Fault Divorce?
- Who Can Apply for a Divorce?
- The Divorce Process Step-by-Step
- How Long Does Divorce Take?
- Dividing Assets After Divorce
- What Happens to the Family Home?
- What About Pensions?
- Arrangements for Children
- Mediation and Alternative Dispute Resolution
- How Much Does Divorce Cost?
- Frequently Asked Questions (FAQ)
What Is No-Fault Divorce?
Under the current law in England and Wales, couples no longer need to blame one another for the breakdown of the marriage.
Previously, a person applying for divorce had to rely on one of five facts such as adultery, unreasonable behaviour, or separation periods. This often increased hostility and tension between couples.
Under the new no-fault divorce system:
- Either spouse, or both jointly, can apply for divorce
- There is no requirement to assign blame
- The court accepts a statement that the marriage has irretrievably broken down
- It is much harder to contest a divorce
The aim is to encourage a more constructive and less confrontational process, particularly where children are involved.
Who Can Apply for a Divorce?
To apply for a divorce in England and Wales, you must show that:
- You have been married for at least one year
- Your marriage has irretrievably broken down
- Your marriage is legally recognised in England and Wales
This applies to both opposite-sex and same-sex marriages.
The Divorce Process Step-by-Step
1. Filing the Divorce Application
The process begins by submitting a divorce application online.
Applications can be:
- A sole application (one spouse applies), or
- A joint application (both spouses apply together)
You will typically need:
- Your marriage certificate
- Full names and addresses
- Proof of any name changes
There is currently a court fee of £593. Financial assistance may be available for those on low incomes or benefits.
2. The 20-Week Reflection Period
Once the application has been issued, there is a mandatory 20-week waiting period before applying for the Conditional Order.
This period is intended to allow time for reflection and discussions around:
- Finances
- Property
- Child arrangements
- Mediation or settlement negotiations
3. Conditional Order
Six weeks and one day after the Conditional Order, you can apply for the Final Order.
The Final Order legally ends the marriage.
In some cases, it may be sensible to delay applying for the Final Order until financial matters have been resolved, particularly where pensions or inheritance rights may be affected.
How Long Does Divorce Take?
A straightforward divorce typically takes around:
- 7 to 9 months
However, disputes relating to finances, property, or children can extend the process significantly.
One of the most important aspects of divorce is reaching a financial settlement.
A financial settlement can include:
- The family home
- Savings and investments
- Pensions
- Businesses
- Vehicles
- Personal belongings
- Debts and liabilities
There is no automatic rule that assets are split 50/50, although equality is often the starting point. The court will consider factors such as:
- The welfare of any children
- Each party’s income and earning capacity
- Housing needs
- Standard of living during the marriage
- Contributions made by each spouse
- Age and health
- Length of the marriage
What Happens to the Family Home?
The family home is often the most valuable asset and can become a key issue during divorce proceedings.
Possible outcomes include:
- Selling the property and dividing the proceeds
- One party buying out the other
- Delaying the sale until children reach adulthood
- Transferring ownership to one spouse
The right solution depends on the family’s circumstances and future needs.
What About Pensions?
Pensions are frequently overlooked but can be one of the largest marital assets.
Options may include:
- Pension sharing orders
- Pension offsetting
- Pension attachment orders
Obtaining specialist financial and legal advice is important when dealing with pension assets during divorce.
Arrangements for Children
Where children are involved, parents will need to agree arrangements concerning:
- Where the children will live
- Time spent with each parent
- School holidays and birthdays
- Communication arrangements
- Financial support
The court’s primary concern is always the child’s welfare.
Many couples now use mediation to resolve disputes without going to court.
Mediation can help couples:
- Reach agreements more quickly
- Reduce costs
- Improve communication
- Minimise conflict
- Maintain better co-parenting relationships
Mediation sessions are confidential and guided by an independent mediator.
How Much Does Divorce Cost?
The total cost of divorce depends on:
- Whether the divorce is contested
- The complexity of finances
- Whether children are involved
- Whether mediation or court proceedings are required
Typical costs may include:
- Court fees
- Solicitor fees
- Mediation fees
- Expert valuation costs
The court application fee alone is currently £593.
Frequently Asked Questions (FAQ)
Can my spouse refuse a divorce?
Under the no-fault divorce system, it is now extremely difficult to contest a divorce. A spouse can only object in limited circumstances, such as disputes over jurisdiction or the validity of the marriage.
Do I need to go to court?
Most divorces do not require either party to attend court. Court hearings are more likely if there are disputes about finances or children.
Is divorce always a 50/50 split?
Not necessarily. While equal division is often the starting point, the court considers fairness and the specific needs of both parties and any children involved.
Can we apply for divorce together?
Yes. Couples can now make a joint divorce application if they both agree that the marriage has broken down irretrievably.
What happens if we cannot agree on finances?
If an agreement cannot be reached through negotiation or mediation, either party can ask the court to make a financial order.
Are pensions included in divorce settlements?
Yes. Pensions are considered matrimonial assets and may form part of the financial settlement.
What if we were not married?
Unmarried couples do not have the same legal rights as married couples on separation. Financial claims are usually more limited and depend on property ownership and child arrangements.
Can I get divorced without a solicitor?
Yes, it is possible to complete the divorce process without legal representation. However, obtaining legal advice is strongly recommended, especially where finances, property, pensions, or children are involved.
How soon can I remarry after divorce?
You can remarry once the Final Order has been granted and your marriage has legally ended.
Should I finalise the divorce before finances are resolved?
Not always. In some situations, delaying the Final Order until a financial settlement is agreed may provide important financial protections.
While the new system aims to make the process simpler and more cost effective, getting divorced is likely to remain a difficult experience for most people. Wilson Browne can help ease the strain by helping you and your partner reach an agreement on child arrangements and financial issues and ensuring that all your applications are made in a timely and correct manner.
Our family law team is recognised by the Legal 500, a ‘who’s who’ of the legal profession, to provide you with the reassurance that you are in safe hands.
With offices in Corby, Higham Ferrers & Rushden, Kettering, Leicester, Northampton and Wellingborough we can offer a face-to-face meeting at a convenient location.