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Divorce is rarely an easy decision. For many people, it comes at a time of emotional strain and uncertainty, particularly when the legal process feels unfamiliar or overwhelming. It is also common for couples to want clarity and efficiency, so that matters can be resolved without adding unnecessary stress or conflict to an already difficult situation.
In April 2022, divorce law in England and Wales changed with the introduction of the no-fault divorce system. This reform removed the need for either party to blame the other for the breakdown of the marriage. As a result, the divorce process is now more straightforward, less confrontational, and easier to navigate. Below is a clear overview of the five key steps involved in a no-fault divorce and what you can expect at each stage.
Step One: Making sure you can apply
Before you start divorce proceedings, there are a few basic requirements to consider. One of the most important is the length of the marriage. You must have been married for at least one year before you can apply for a divorce. If this requirement has not been met, the court will not accept the application.
Many people are also unsure whether they can divorce in the UK if they were married abroad. In most cases, this is possible. What matters is not where the wedding took place, but whether you or your spouse have a sufficient connection to England and Wales at the time of the application. You can apply for divorce in England and Wales if you or your spouse live here, have lived here long enough, or consider England and Wales your permanent home, including where you last lived here together and one of you still remains. It is also essential that the marriage is legally valid in the country where it took place.
Step Two: Providing the right marriage documents
If your marriage certificate is not in English, the court will usually require a certified English translation before the divorce application can proceed. This is a common requirement for couples who married overseas (perhaps on holiday) and is usually straightforward when dealt with early.
Ensuring that the correct documents are prepared at this stage can help avoid delays once the application is submitted.
Step Three: Submitting the Divorce application
Under the no-fault divorce system, you no longer need to rely on specific reasons such as adultery, unreasonable behaviour or long periods of separation. Instead, you simply state that the marriage has irretrievably broken down, which the court will accept without further explanation.
You can apply for divorce jointly if both parties agree, or on a sole basis if agreement is not possible. Applications can also usually be made online or by post. While it is possible to apply without legal assistance, many people choose to instruct a solicitor, particularly where finances, children, or international issues are involved.
Step Four: The Response and Conditional Order
If one person applies for divorce, the other spouse is usually asked to respond within 14 days to confirm whether they agree or wish to raise a legal issue, although the reasons for objecting are very limited. If no response is received, the court can still take steps to allow the application to continue.
Once the application is issued, there is a mandatory 20-week waiting period, after which a Conditional Order can be requested. This confirms the court sees no legal reason why the divorce should not proceed and is usually dealt with on paper, without attending court.
Step Five: Financial matters and the Final Order
The 20-week period is also a good opportunity to deal with financial matters arising from the marriage. This may include the family home, other properties, businesses, savings, pensions, and other assets. Divorce proceedings are legally separate from financial arrangements, and resolving finances often requires careful discussion and independent legal advice.
Once the Conditional Order has been granted, there is a further waiting period of 6 weeks and 1 day before applying for the Final Order. This is the final legal step and formally brings the marriage to an end.
Recognition of the divorce abroad
If you divorce in England and Wales but need the divorce to be recognised in another country, this is possible. This is usually done under Article 39 of the Brussels II Regulation and provides for a standard certificate confirming that a divorce has taken place. This is usually needed when you divorce in one country and need to prove the divorce in another country, you want the divorce to be recognised abroad, you remarry abroad or in some cases, a foreign authority requires proof that you are legally divorced. It is a certificate issued by the court, and we can assist you in obtaining it once your divorce has been finalised.
Conclusion
Divorce remains a significant and often life-changing event. With clear guidance and the right legal support, the process can be far easier to manage, allowing you to move forward with confidence and peace of mind. IMD Solicitors LLP is here to provide practical, tailored advice and to support you at every stage of your divorce.
This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.