Step-by-step guide to navigating divorce

Divorce can be an emotional journey, but understanding the process can help ease some of the uncertainty. These are the steps in terms of obtaining a divorce in England and Wales, from filing the application to reaching a financial settlement. Whether you are just beginning to consider divorce or are already navigating the process, this overview aims to provide clarity and practical guidance to help you make informed decisions at every stage.

Going through divorce and separation is an emotional journey as well as a legal process. Here at Thomson & Bancks, we will guide you through the steps, whether that is helping with filing for divorce, advising you on the process of divorce application or, in particular, how to deal with financial and child arrangements.

Is divorce the right path for you?

Before starting the process, it is essential to confirm that your marriage has irretrievably broken down. In England and Wales, we now have “no-fault” divorce, which removes any blame against one party, making the process less contentious.

Starting the process

To initiate a divorce, one party must file a divorce application online or by post. The person starting the divorce is referred to as the applicant, and the other party as the respondent. If both parties agree, they can file a joint application. You will need your Marriage Certificate and then pay the court fee, which is currently £593 (some exemptions may apply). Once submitted, the Court will acknowledge receipt and send the application to your spouse.

Acknowledgment of service

The respondent has 14 days to respond to the Court’s acknowledgment of service form. In most cases, the process moves forward smoothly when the respondent acknowledges the divorce application.

Reflection period

There is a mandatory 20-week reflection period after the divorce application is filed. This time allows both parties to consider their options, including reconciliation or planning future arrangements. Whilst waiting, it is a good idea to (if you have not already):

• Begin discussions about finances and property
• Agree on child arrangements, if applicable

If agreements cannot be reached, legal advice will be helpful to avoid protracted disputes.

Applying for Conditional Order

After the reflection period, the applicant can apply for a Conditional Order (previously known as a Decree Nisi). This is a legal acknowledgment from the Court that the divorce can proceed. If there are no issues, the Court will approve the Conditional Order. At this stage, the Court can also approve any financial agreement (Consent Order) reached between the parties.

Applying for Final Order

After a further six-week period and one day, you can apply for the Final Order (previously known as a Decree Absolute), which legally ends the marriage. It can be crucial to ensure financial agreements are reached before applying for the Final Order.

What about financial and child arrangements?

Whilst the divorce legally ends the marriage, it does not automatically resolve financial matters or child arrangements. These aspects are often the most complex part of the process. Courts encourage couples to reach an agreement amicably, but if that is not possible, you can apply for financial orders to resolve the division of property, savings, pensions, and other assets and Child arrangements orders, to formalise live with/spend time arrangements.

It would be advisable to seek legal advice regarding financial matters and child arrangement, and look at the different methods of resolution before issuing any formal court application relating to finances and children.

How long does it take?

The timeline varies. The minimum period for a divorce is 26 weeks (six months), but with court processing times, a divorce may take 8-10 months from application to Final Order, but that is depending on other aspects such as finances and children.

If you would like legal advice from us, please contact our Family Department and we will discuss with you how we can help, offer you a fixed fee appointment to discuss your circumstances in depth, and guide you and point in the right direction so you can move forward.