What Actually Happens When You File for Divorce in England and Wales

If you've been searching online about divorce, you've probably found a lot of information that either feels overwhelming or doesn't quite reflect how things work in England and Wales. So let's cut through it.

Since April 2022, divorce law here changed significantly. The old system — where you often had to blame your spouse or wait years — is largely gone. What we have now is no-fault divorce, and for most people, it's a much more straightforward process.

The Basics: How It Works Now

You (or both of you together) apply to the court online. You state that the marriage has broken down irretrievably. That's it. You don't need to prove adultery, unreasonable behaviour, or anything else. The court accepts your word for it.

From there, there are two waiting periods built into the process. The first is a 20-week reflection period after your application is issued. Then, once you apply for a Conditional Order (what used to be called the Decree Nisi), there's a further six-week wait before you can apply for the Final Order — the document that legally ends your marriage.

In total, the process takes a minimum of around six months from start to finish, though it often takes longer depending on your circumstances, particularly if finances are involved.

What People Often Don't Realise

The divorce itself and the financial settlement are two completely separate things. Getting your Final Order doesn't automatically sort out what happens to the house, pensions, savings, or anything else. You can be legally divorced and still have unresolved financial ties to your ex-spouse — sometimes for years, if you're not careful.

Similarly, if you have children, the court doesn't automatically make arrangements for them as part of divorce proceedings. Child arrangements are dealt with separately, and in most cases, parents are expected to try and agree between themselves first.

Joint vs. Sole Applications

Since the law changed, you can now apply for divorce jointly with your spouse. This can work well where both parties are on reasonable terms and want to keep things as simple as possible. It doesn't mean you have to agree on everything — finances and children are still dealt with separately — but it does mean you're both actively engaged in the process from the start, which can reduce conflict.

A sole application is equally valid. There's no stigma or legal disadvantage to applying on your own.

So When Do You Need a Solicitor?

Truthfully, if your finances are simple, there are no children, and you and your spouse are in full agreement about everything, it is perfectly possible to handle a straightforward divorce without a solicitor. The government's online portal is fairly straightforward to use.

But most people's lives aren't that simple. If there's a family home, a pension, a business, significant savings, or any disagreement at all about finances — proper legal advice at an early stage can make an enormous difference to the outcome.

We're always happy to have an initial conversation about where you stand. You can reach us on 020 3372 2021 or via the contact form on our website.