Divorce can feel daunting, particularly when you are trying to understand the legal steps at an already difficult time.
There are formal legal stages to follow, including the divorce application, Conditional Order and Final Order. This guide explains the main steps, so you know what to expect and where legal advice may help. The divorce process in England and Wales now follows a no fault divorce system, which we explain below.
What is ‘no fault divorce’?
Divorce in England and Wales has been simplified by the enactment of The Divorce, Dissolution and Separation Act 2020 of April 2022. Since then, there has been a regime of ‘no fault divorce’, which means that spouses no longer need to show cause for the divorce proceedings arising by the other’s adultery or behaviour, or a minimum period of separation. All that is required now is a statement of the irretrievable breakdown of the marriage.
What is the divorce application process like?
The whole process takes place online, and the divorce application can be made by one or both spouses. You can make the application yourself, or instruct a solicitor to make the application on your behalf.
Whether you make a sole or joint application will not affect the legal outcome. However, if your divorce is reasonably amicable, it can sometimes feel better emotionally and practically to make a joint application.
Once you submit the divorce application, the court will issue the sealed application and send it to the second party, who must then respond. If the application is submitted as a joint application, then both applicants need to complete each step to progress the application.
What happens after the divorce application has been made?
Once the court issues the sealed divorce application, a ‘cooling off period’ of 20 weeks begins. This is intended to allow time for the parties to consider their decision and to negotiate any financial arrangements, or arrangements concerning their children. This 20-week period is one of the main reasons a divorce typically takes at least six to eight months to complete.
After the 20-week period expires, the applicant or applicants can apply to the court for a Conditional Order (previously called a decree nisi). A judge will then check that the documents are in order.
Once the Conditional Order has been pronounced, the parties can apply for a financial remedy order. This is important, as financial ties are not automatically severed upon obtaining a divorce. Parties will require an order by the court, setting out the division of the matrimonial assets and dismissing any outstanding claims.
What if we got married outside of England or Wales?
In order to be able to apply for divorce in England and Wales, the applicant(s) will need to show that the English court has jurisdiction. This largely depends on at least one party being domiciled or habitually resident in England and Wales. Nationality and the place where you were married are not relevant as far as jurisdiction for the divorce is concerned.
What is the Final Order?
The final stage of the divorce process is obtaining a Final Order (previously called a decree absolute). The Final Order brings the marriage to an end. The applicant(s) can apply for a Final Order after a period of 6 weeks has passed from the date of pronouncement of the Conditional Order. Any financial remedy order will only take effect from the date of the Final Order.
Our team understands that divorce proceedings can be a difficult and sensitive matter. That’s why we’re on hand to offer legal support and guidance throughout the divorce process. Get in touch to discuss; we’re happy to help.
