The majority of divorces in England and Wales are undefended. This means that the person responding to the application (the respondent) does not oppose the divorce going ahead.
Since 6 April 2022, divorce law has changed to introduce a no-fault divorce system, meaning that neither party needs to assign blame. Instead, a divorce is based on the irretrievable breakdown of the relationship.
Below is a step-by-step guide to how the divorce process typically works.
Step 1 – Preparing and filing a divorce application
A divorce application can be made by one party or jointly by both parties.
The application is based on a statement that the marriage has irretrievably broken down, and no evidence or allegations of fault are required. The application is submitted to the court along with the marriage certificate and the applicable court fee.
Step 2 – Service of the application
Once the application has been issued, it must be served on the respondent, usually within 28 days.
The court will typically arrange service, although in some cases it may be carried out by the parties.
Step 3 – Acknowledgement of service
The respondent must complete and return an acknowledgement of service form within 14 days to confirm they have received the application and to indicate whether they intend to dispute the divorce.
If the acknowledgement of service is not returned
The court requires proof that the respondent has received the application before the case can progress.
If the form is not returned, alternative methods of service may be required, such as instructing a court bailiff or process server to personally serve the documents. A statement will then be provided to the court confirming service has taken place.
Failure to return the acknowledgement of service will usually result in additional delay and cost.
Step 4 – Applying for the conditional order
Once the application has been issued, there is a minimum waiting period of 20 weeks before applying for the conditional order.
An application for the conditional order can be made by one or both parties, provided that service has been completed and the relevant time limits have passed.
Step 5 – Conditional order
The conditional order is a confirmation from the court that the legal requirements for divorce have been satisfied.
It is not usually necessary for either party to attend court for this stage, as the order is typically granted on paper.
Step 6 – Applying for the final order
After the conditional order has been granted, there is a further waiting period of 6 weeks and 1 day before applying for the final order.
Once the final order is made, the marriage is legally dissolved and the divorce is complete.
When should you finalise the divorce?
In some cases, it may be advisable to delay applying for the final order until financial matters have been resolved.
Finalising the divorce before reaching a financial settlement can have implications, particularly in relation to assets such as pensions, so it is important to seek legal advice on the timing.
What happens if the divorce is disputed?
Although most divorces are undefended, it is possible for a respondent to dispute the application in limited circumstances.
Disputed divorces are relatively rare and follow a different, more complex court process.
Do I need a solicitor for a divorce?
While it is possible to deal with the divorce process yourself, many people choose to seek legal advice to ensure that the process runs smoothly and that any related matters, such as financial settlements or arrangements for children, are properly addressed.
Speak to our family law team
If you would like advice on the divorce process, or support with related matters such as financial settlements or arrangements for children, our experienced family law team is here to help.
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FAQs
Yes, under the no-fault divorce system, one party can apply for a divorce without the other’s consent, and the respondent cannot generally prevent the divorce from proceeding other than in very limited circumstances.
You do not have to instruct a solicitor to obtain a divorce, but legal advice can be beneficial to ensure the process is handled correctly and to address related issues such as financial settlements and arrangements for children.
A conditional order is the stage in the divorce process where the court confirms that the legal requirements for divorce have been met, allowing the application to proceed to the final stage.
A final order is the document that legally ends the marriage, and once it has been issued by the court, the divorce is complete.
No, you must wait at least 6 weeks and 1 day after the conditional order before applying for the final order, although in some cases it may be advisable to delay this until financial matters have been resolved.
If the respondent does not return the acknowledgement of service, steps can be taken to prove that they have been served with the application, such as personal service, after which the court can allow the case to proceed.
Disputing a divorce is now very rare under the no-fault system and is only possible in limited circumstances, such as issues concerning jurisdiction or the validity of the marriage.
Financial matters do not have to be resolved before the divorce is finalised, but it is often advisable to settle and formalise financial arrangements before applying for the final order to ensure your financial position is protected.
Helen Lucking | Partner, Head of Family & Divorce
Helen Lucking is a partner and head of the family and divorce, and private client teams, based in the firm's Preston office.
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