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The divorce process
Application
One or both spouses submit a divorce application to the court using the HMCTS Portal, citing irretrievable breakdown of the marriage without assigning blame.
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20-week reflection period
After the application is filed, and your former spouse has responded to the petition, a mandatory 20-week reflection period begins. During this time, spouses may also exchange financial information using Form E and address any necessary child arrangements, including including the time your children spend with you both.
Conditional order
After the reflection period, the applicant(s) apply for a Conditional order (previously known as Decree Nisi). The court reviews the case and, if satisfied, grants the order.
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6-week waiting period
Following the Conditional order, there is a mandatory 6-week waiting period before the final step can be taken.
Final order
After the 6-week waiting period, the applicant(s) may apply for the Final Order (previously known as Decree Absolute), officially ending the marriage.
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Average 9-12 months
If more than 12 months have elapsed between obtaining your conditional order and applying for your final order, you will have to submit a short statement to support your application, explaining the delay.
Download our free guide to divorce
Making the decision to divorce
Making the decision to end a marriage or long-term relationship is a difficult one and not one that should never be taken lightly. Ask yourself, do I really want to separate from my partner? Is there something else in my life causing my unhappiness?
You need to think through the decision to divorce or separate carefully and not from a place of anxiety, stress or depression. Read five things to think about before you end your marriage.
Seek out some couples counselling, talk to your friends and family, talk to your spouse about the problems as you see them and be willing to work at saving your marriage before walking away.
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Married couples
Getting divorced legally brings your marriage to an end, so that you are no longer husband and wife.
For those people not ready to dive straight into divorce proceedings, it is possible to obtain a judicial separation, whereby you remain married but legally separated, and this can deal with most financial claims. You can also set up a separation agreement, explore the alternatives to divorce.
However, if you separate but do not get divorced, you will remain financially tied to each other and divorce continues to be the most popular way of formally separating from a spouse.
Unmarried couples
Unmarried couples do not have the same legal rights as those that are married or entered into a civil partnership.
If the relationship breaks down there is often limited legal protection.
Assets such as the family home are not divided as they might be in divorce and should a property dispute occur, trust and land law is applied instead.
There is no automatic entitlement to make financial, capital, spousal maintenance or pension claims.
Counselling & support
Before you make the decision to separate or seek a divorce, counselling for yourself or as a couple can help you to communicate and talk through your issues.
Visit our Divorce Directory for a guide to counselling professionals and others who will support you.
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