Complete Guide to Divorce in England & Wales
Everything you need to know about the divorce process, costs, and finding the right solicitor
Understanding Divorce in England & Wales
Divorce is the legal process of ending a marriage. Since April 2022, England and Wales have operated under a "no-fault" divorce system, which means you no longer need to prove your spouse did something wrong to end the marriage. This significant change has made the divorce process less adversarial and emotionally draining for many couples.
To apply for divorce, you must have been married for at least one year, and your marriage must have irretrievably broken down. You or your spouse must also be domiciled in England or Wales, or have been habitually resident here for at least six months before applying. The court needs jurisdiction to handle your case, which is determined by where you and your spouse live.
The divorce process is separate from decisions about children, property, and finances. While the divorce itself dissolves the marriage, you will need to reach agreements or obtain court orders regarding these other matters. Many couples find that sorting out finances takes longer than the divorce itself, particularly when there are significant assets, pensions, or property to divide.
The No-Fault Divorce Process
The no-fault divorce process introduced in 2022 removed the need to blame your spouse for the breakdown of the marriage. Previously, unless you had been separated for two years (with consent) or five years (without consent), you had to cite adultery or unreasonable behaviour. Now, you simply state that the marriage has irretrievably broken down.
The process begins with submitting a divorce application to the court, which can be done jointly with your spouse or by one person alone. After the application is submitted, there is a mandatory 20-week reflection period before you can apply for the conditional order (formerly called the decree nisi). This period allows time for reflection and for couples to make arrangements for children and finances.
Once you receive the conditional order, you must wait a further six weeks before applying for the final order (formerly the decree absolute). This final order legally ends your marriage. In total, the minimum time from application to final order is approximately 26 weeks, though it often takes longer if there are complications or if financial matters need to be resolved.
Divorce Costs and Fees
The cost of divorce varies significantly depending on the complexity of your case and whether you can reach agreements with your spouse. The court fee for a divorce application is currently £593. If you're on a low income or receiving certain benefits, you may be eligible for help with fees.
Solicitor fees depend on whether your divorce is straightforward or contested. An uncontested divorce where both parties agree can cost between £500 and £1,500 in legal fees. However, if there are disputes about finances, children, or other matters, costs can escalate quickly. Complex divorces involving significant assets, business interests, or contentious child arrangements can cost £10,000 to £30,000 or more per person.
Many solicitors offer fixed-fee packages for straightforward divorces, which provide cost certainty. Others charge by the hour, typically between £150 and £350 depending on the solicitor's experience and location. London solicitors generally charge more than those in other parts of the country. Always ask for a clear breakdown of costs before instructing a solicitor, and request regular updates on fees throughout the process.
Dividing Assets and Financial Settlements
Reaching a financial settlement is often the most complex part of divorce proceedings. The court considers various factors when determining how assets should be divided, including the length of the marriage, each party's financial needs and resources, contributions to the marriage (including non-financial contributions like childcare), and the standard of living during the marriage.
Assets typically considered include the family home, savings and investments, pensions, businesses, and other property. Debts are also taken into account. The starting point is usually an equal division of matrimonial assets, but this can be adjusted based on the specific circumstances of your case. Non-matrimonial assets, such as inheritances or assets owned before the marriage, may be treated differently.
It's crucial to formalise any financial agreement through a consent order approved by the court. Without this, either party could make future financial claims against the other, even years after the divorce. A consent order provides a clean break and legal certainty for both parties. If you cannot reach an agreement, the court can make a financial order after considering all the evidence.
Children and Divorce
When divorcing couples have children, making arrangements for their welfare is paramount. The court's primary concern is always the best interests of the child. Parents are encouraged to agree on arrangements for where children will live and how much time they will spend with each parent. Most families manage to reach agreements without court involvement.
If parents cannot agree, they may need to attend mediation before applying to court. Mediation provides a neutral space to discuss arrangements with the help of a trained mediator. It's often faster, cheaper, and less stressful than going to court. Many couples find that mediation helps them communicate more effectively and reach workable agreements.
When court involvement is necessary, the court can make child arrangements orders covering where the child lives and when they spend time with each parent. The court will consider the child's wishes (depending on their age and understanding), their physical and emotional needs, the likely effect of any change, and any risk of harm. In most cases, the court believes children benefit from having a relationship with both parents.
Choosing a Divorce Solicitor
Selecting the right divorce solicitor is one of the most important decisions you will make during this process. Look for a solicitor who specialises in family law and has experience handling cases similar to yours. If you have complex financial arrangements or anticipate a contested divorce, experience in these areas is essential.
Consider the solicitor's communication style and whether you feel comfortable with them. Divorce is an emotional process, and you need someone who will listen to your concerns while providing clear, practical advice. Many solicitors offer an initial consultation, which gives you the opportunity to assess whether they are the right fit for you.
Check that the solicitor is regulated by the Solicitors Regulation Authority (SRA) and ask about their fee structure upfront. Membership of Resolution, a family law organisation that promotes a constructive approach to divorce, can indicate a commitment to minimising conflict. Don't be afraid to shop around and speak to several solicitors before making your decision.
Frequently Asked Questions
Disclaimer: This guide provides general information about the law in England and Wales. It is not legal advice and should not be treated as such. Every situation is different, and you should consult a qualified solicitor for advice specific to your circumstances.