At Brighter Future Mediation, we understand that divorce is more than a legal process—it’s a personal journey. This guide is crafted to help you navigate the divorce process with clarity and confidence.

Key highlights:

Minimum timeframe: 6 months from application to final divorce order

Court fee: See latest court fees here (help may be available if you’re on low income)

No-fault divorce: No need to blame anyone since April 2022

Application: Apply alone or jointly with your spouse

Online or postal: Applications can be completed digitally or by post

Financial matters: Divorce doesn’t automatically resolve money or property issues (in most cases you will need to apply for a financial order)

Getting a divorce can feel overwhelming, especially when you’re already dealing with the emotions of a relationship breaking down. If you’re wondering how to get a divorce in England or Wales, we’re here to help you. This comprehensive guide will walk you through every step of the process, from understanding your eligibility to obtaining your final divorce order.

Whether you choose to handle the process yourself or seek professional support, understanding the steps and costs involved can help reduce stress and ensure you make the best informed decisions.

Understanding the new divorce laws

Since April 2022, England and Wales have operated under no-fault divorce laws, representing the most significant change to divorce legislation in decades. This modernised approach recognises that relationships sometimes break down without anyone being to blame.

“The introduction of no-fault divorce gives people the opportunity to minimise the impact of the hostility and conflict often associated with divorce and enables families to divorce with more dignity, less time and cost as well as ensuring focus on the children’s on-going needs where relevant’, explains Rebecca Waclawyj, Director of Brighter Future Mediation Ltd.   “Most people want to move through disagreement and the divorce to a brighter future, and court battles rarely achieve that.”

What changed in 2022?

Under the previous system, you had to prove one of five grounds:

• Adultery
• Unreasonable behaviour
• Two years’ separation (with consent)
• Five years’ separation (without consent)
• Desertion

Now, you simply need to state that your marriage has broken down irretrievably. Your spouse cannot contest this, removing the ability to block divorce proceedings (except on technical grounds like jurisdiction).

Am I eligible for divorce?

Before starting your application, ensure you meet these criteria:

Essential requirements

• Marriage duration: You must have been married for at least one year
• Valid marriage: Your marriage must be legally recognised in the UK (you can get divorced in the UK even if you married abroad)
• Jurisdiction: At least one spouse must be domiciled in England/Wales or have lived here for at least one year

Civil Partnerships

The same process applies to dissolving civil partnerships, with identical requirements and timescales.

Should you apply jointly or alone?

One of the first decisions you’ll face is whether to apply together (joint application) or individually (sole application).

Joint application benefits:

• Demonstrates mutual agreement
• Reduces potential conflict
• Both parties feel involved in the process
• Can be more cost-effective
• Projects unity to children

Sole application situations:

• Your spouse doesn’t want to divorce
• Communication has broken down
• You prefer to maintain control of the process
• Your spouse is unresponsive

Step-by-Step Guide: How to Get a Divorce

Step 1: Prepare Your Documentation

You’ll need:

• Original marriage certificate (or certified copy)
• Translation if not in English
• Details of both parties (full names, addresses, occupations)
• Marriage details (date, location)

Step 2: Complete Your Application

Online Application (Recommended)

• Visit gov.uk and search for “apply for divorce” or click here
• Follow the guided questions
• Pay the court fee
• Receive immediate confirmation

Postal Application

• Download Form D8 from gov.uk
• Complete by hand or type
• Send with documents and fee to the designated address

Cost considerations:

The court fee is mandatory, but help may be available if you’re on a low income or receiving certain benefits. Check your eligibility for fee remission on the gov.uk website.

Step 3: Court processing

Once submitted, the court will:

• Review your application
• Issue proceedings (assign a case number)
• Send documents to your spouse
• Await acknowledgment of service

Step 4: Acknowledgment of Service

For Sole Applications:

Your spouse receives the divorce papers and must respond within 14 days using the Acknowledgment of Service form. They can:

• Agree to the divorce
• Dispute on technical grounds only (very rare)
• Simply acknowledge receipt

For joint applications: 

• Both parties must confirm they wish to proceed at each stage.

Step 5: The 20-week reflection period

After the court issues your application, you must wait 20 weeks before applying for your conditional order. This period is designed to:

• Allow time for arrangements with children
• Enable financial discussions/mediation
• Provide opportunity for reconciliation
• Reduce rushed decisions

Making good use of the 20 weeks:

• Consider family mediation for financial and child arrangements
• Gather financial information
• Think about future living arrangements
• Access counselling or support services

Get in touch to find out we can help with your parenting or financial dispute, or with a divorce, separation or legal advice. Call 0333 240 8038 or click here.

Step 6: Apply for Conditional Order

After 20 weeks, you can apply for a conditional order (formerly decree nisi). This confirms the court sees no reason why you can’t divorce.

The Process:

• Apply online or complete Form D84
• Court reviews the application
• Judge grants conditional order
• Both parties receive confirmation

Step 7: The 6-week wait

Once you receive your conditional order, you must wait 6 weeks and 1 day before applying for the final order. This cooling-off period provides final opportunity to:

• Finalise financial arrangements
• Complete child arrangement agreements
• Ensure all practical matters are resolved
• Step 8: Apply for Final Order
• The final step dissolves your marriage completely:
• Apply online or complete Form D36
• Court processes within days
• Final order issued
• Marriage legally ended

Important: Keep your final order certificate safe – you’ll need it as proof of divorce for future legal matters, including remarriage.

Timeline: How long does divorce take

• Minimum timeframe: 6 months
• Application to conditional order: 20+ weeks
• Conditional order to final order: 6+ weeks
• Court processing time: Additional weeks

Factors that may extend the timeline:

• Complex financial arrangements
• Child arrangement disputes
• Court backlogs
• Missing documentation
• Disputes over technical matters

Costs beyond court fees

Aside from the court fee, consider additional potential costs:

Legal representation

• Solicitor fees: £200-£600+ per hour
• Fixed-fee divorce services: £500-£1,500
• Mediation: £120-£300 per session average (we’re proud to be affordable and accessible- more info here)

Additional expenses

• Financial disclosure costs
• Property valuations
• Pension sharing orders
• Coaching, counselling or therapy

Do you need professional help?

DIY Divorce Considerations

Suitable for DIY when:

• Mutual agreement on most issues
• No children or you have agreed arrangements
• Simple finances
• Good communication
• Comfortable with paperwork

Consider professional help when:

• Complex financial assets
• Business interests
• Pension arrangements
• Property disputes
• Children’s arrangements contested
• Communication difficulties

The value of family mediation

Family mediation can help resolve disputes about:

• Child arrangements and contact
• Financial settlements
• Property division
• Spousal maintenance

Benefits of mediation:

• Cost-effective compared to litigation
• Faster resolution
• Maintains relationships
• Child-focused solutions
• Confidential process
• You retain control
• Dealing with financial matters

Important Point: Divorce only ends your marriage – it does not automatically resolve financial ties. This requires an application for a financial order.

Financial considerations

Assets to consider:

• Family home
• Savings and investments
• Pension rights
• Business interests
• Debts and liabilities
• Personal belongings

Types of financial orders:

• Lump sum orders: One-off payments
• Property adjustment orders: Transferring ownership
• Pension sharing orders: Dividing pension funds
• Maintenance orders: Ongoing financial support

When to delay final order

Consider delaying your final divorce order until financial matters are resolved, especially when:

• Significant pension pots are involved
• Complex business assets exist
• Property transfers are pending
• Spousal maintenance is disputed

Children and divorce

If you have children, their welfare remains the court’s paramount concern.

Key Principles

• Children benefit from maintaining relationships with both parents
• Arrangements should minimise disruption
• Children’s views may be considered (depending on age)
• Stability and consistency are prioritised

Child arrangement orders

If you can’t agree on arrangements, the court can make orders covering:

• Where children live
• When they spend time with each parent
• How decisions about their welfare are made

Before Court: You’ll usually need to attend a Mediation Information and Assessment Meeting (MIAM) to explore resolution outside court. The Government have funded a £500 mediation voucher for anyone discussing child arrangements through family mediation. There is also the option of Child Inclusive Mediation that involves a specially trained mediator meeting separately with your child/ren to ensure their voice is at the centre of child arrangements being agreed.

Protecting your interests

Update immediately:

• Wills and beneficiaries
• Life insurance policies
• Pension nominations
• Bank account access
• Joint financial commitments
• Legal Safeguards
• Consider seeking advice about:
• Matrimonial home rights
• Freezing orders (if assets are at risk)
• Non-molestation orders (if domestic abuse)
• Child abduction prevention

Common challenges and solutions

Challenge: Unresponsive Spouse

Solution: The process can continue without their active participation. Alternative service methods may be used if they can’t be located.

Challenge: Hidden Assets

Solution: Court has powers to compel financial disclosure. Forensic accountants can trace concealed assets but are expensive.

Challenge: International Elements

Solution: Specialist legal advice helpful for cross-border cases involving foreign assets or children.

Challenge: Domestic Abuse

Solution: Special procedures available, including potential legal aid and protective measures.

Alternative options to consider

• Judicial separation

If divorce isn’t suitable (perhaps for religious reasons), judicial separation provides legal recognition of separation without ending the marriage.

• Annulment

In rare cases where the marriage is void or voidable, annulment may be appropriate. Grounds are very limited and specific.

• Separation agreements

Temporary arrangements can be formalised into a separation agreement, while deciding whether to proceed with a divorce.

Technology and modern divorce

• Digital Advantages
• Online applications are faster and more efficient
• Automatic reminders and updates
• Digital document storage
• Reduced paperwork
• Environmental benefits
• Accessibility Considerations
• Postal alternatives available
• Support for those without digital access
• Translation services available where needed
• Disability accommodations

Life after divorce

Practical next steps

• Update legal documents and beneficiaries
• Revise financial arrangements
• Consider name changes
• Plan new living arrangements
• Focus on rebuilding and moving forward
• Supporting Children
• Maintain stability and routine
• Encourage continued relationship with both parents
• Consider counselling if needed
• Be honest but age-appropriate about changes
• Avoid negative comments about the other parent

“Often when we first meet clients they are overwhelmed with a lot of unknowns, and we take our time to provide a holistic approach as every situation, and every family, is different”. reflects Rebecca Waclawyj. “The most rewarding part of our work is when we see clients move on to start their new chapter that is often better than they could have imagined when they first got in touch.  Even when things are tough, we will support you to move on and things will be OK”.

When to seek professional support

Legal advice helpful when:

• Substantial assets involved
• Business ownership issues
• International elements
• Domestic abuse concerns
• Complex pension arrangements
• Unresolvable disputes over children

Mediation recommended when:

• Communication is possible but difficult
• You want to avoid court proceedings
• Children’s welfare is paramount
• Cost is a significant factor
• Privacy is important
• Maintaining future relationships matters

Frequently Asked Questions (FAQ)

Q: Can I get divorced if my spouse lives abroad? A: Yes, provided you meet the jurisdiction requirements for England and Wales courts.

Q: What if I can’t afford the court fee? A: Fee remission may be available based on your income and circumstances. Check eligibility here.

Q: Can my spouse prevent the divorce? A: Under no-fault divorce, they cannot prevent it by claiming the marriage hasn’t broken down. They can only dispute on very limited technical grounds.

Q: How long after divorce can I remarry? A: You can remarry immediately after receiving your final divorce order.

Q: What if we reconcile during proceedings? A: You can stop the process at any time before the final order is granted.

Q: Do I need a solicitor for divorce? A: Not necessarily. Many straightforward divorces can be handled without legal representation with the support of mediation, though legal advice or support is often valuable.

Getting expert support

Divorce doesn’t have to be a lonely journey. At Brighter Future Mediation, we understand that every family’s situation is unique, and we’re here to support you wherever you’re at in the process.

Disclaimer: Please note, the information provided is general information and not legal advice in any sense. For legal advice, please contact a solicitor.