Family law guide

Published Updated 15 mins read 10 sections

How to get a divorce in England and Wales, in short: one of you applies to the court, or you apply together. You wait 20 weeks. You apply for a conditional order. You wait a further 6 weeks and 1 day. You apply for the final order and the marriage ends. The whole divorce process takes a minimum of 26 weeks and 1 day, and the final order does not end money claims between you. Each step is set out in full below.

Divorce law changed on 6 April 2022. Every application made since that date is a no-fault divorce: you no longer give a reason, and your husband or wife cannot refuse. The five old grounds, adultery, unreasonable behaviour, desertion, two-year separation with consent and five-year separation, no longer apply to new applications. They are kept further down this page for anyone dealing with a petition lodged before 6 April 2022.

Our Divorce specialists regularly assist with breakdown of marriage across the UK and abroad. Sadly, thousands of marriages end in divorce each year across the United Kingdom. There were 105,002 divorces in England and Wales in 2025, on figures the Office for National Statistics published on 23 September 2026, and our divorce rate page looks at the trend behind them. We understand this is a difficult phase of life, so if you are going through a divorce or a separation, you certainly aren’t alone.

At Kabir Family Law our divorce specialists understand that divorce is unpleasant and not an easy thing to experience. This often results in torn up families and nasty feelings. Our divorce specialists are at hand to guide you through the difficult process and advise you in the technicalities of a divorce.

Although divorces are very common across the country you can be rest assured that our divorce specialists will listen to your matter and circumstances clearly as each divorce is different and provide advice based on your personal circumstances. Our friendly team of experts will work to achieve the best possible outcome for you and ensure your interests are placed at the forefront. 

The divorce process in England and Wales, step by step

The procedure for divorce in the UK has six steps and a fixed minimum length. From the day the court issues your application to the day your marriage legally ends is at least 26 weeks and 1 day, however amicable the two of you are.

These are the steps to divorce as the law stands today. Scotland and Northern Ireland have their own separate procedures.

  1. Check you can apply. You must have been married for at least one year, and the courts of England and Wales must have jurisdiction, which usually turns on where one of you lives or is domiciled. You will need your original marriage certificate or a certified copy.
  2. Apply, on your own or jointly. One of you can apply alone as a sole applicant, or the two of you can apply together as joint applicants. You confirm that the marriage has broken down irretrievably, and that statement is conclusive, so nobody has to prove anything. The court fee is £628. On a sole application the court sends the papers to your husband or wife, who has 14 days to acknowledge them.
  3. Wait 20 weeks. The 20 week period runs from the date the court issues your application, not the date you submit it. The divorce itself cannot move during that time. Parliament built the window in so that the money and the children could be settled before the marriage ended, and that is exactly what it is for.
  4. Apply for the conditional order. Once the 20 weeks have passed, you confirm to the court that you still want to proceed and the court makes a conditional order. This is the stage that used to be called the decree nisi. It does not end the marriage.
  5. Wait 6 weeks and 1 day. You cannot apply to finish the divorce until at least 43 days have passed since the conditional order was made.
  6. Apply for the final order. The final order, once called the decree absolute, ends the marriage. It does not end financial claims between you, and that is the most expensive misunderstanding on this page.

Everything above is the divorce and nothing more. None of it divides a house, a pension or a bank account, and none of it stops a claim being brought against you years afterwards. That is a separate job, which is why a financial consent order matters as much as the divorce itself.

Three points in the divorce process where getting it wrong costs money

The steps are the straightforward part. These three decisions are not, and each of them is made by people who followed the procedure perfectly.

  • Applying for the final order before the finances are agreed. GOV.UK guidance is that if you want a legally binding arrangement for dividing money and property you must apply to the court for it before you apply for the final order. Ending the marriage first can also cost you a widow’s or widower’s pension, because from the moment the final order is made you are no longer a spouse.
  • Missing the pension. A pension is often worth more than the house, and it is the asset most often left out of an agreement reached at the kitchen table. It cannot be shared without a court order, and the figure on a member’s annual statement is not the one the court works from. That is the cash equivalent transfer value, and obtaining it takes weeks you need to build into the 20 week wait. See pension sharing orders.
  • Assuming the final order closes everything. It does not. Without a financial order approved by the court, a claim can still be brought against an inheritance, a business or the proceeds of a house sale long after the divorce, and by then it is expensive to deal with.

Those are the three questions worth putting to a lawyer before you apply rather than after. Each of them costs very little to get right at the start and a great deal to unpick later.

How to start a divorce claim using divorce specialists

In order to commence your divorce with our divorce specialists, we will require details of both spouses who are engaging in the divorce proceedings and confirmation of whether both partners are mutually agreeable to a divorce. A divorce legally dissolves a valid marriage. Unlike divorce, annulment is a legal process that challenges whether the marriage was legally valid from the outset.

We will also ask about any children you share, because arrangements for them are handled separately from the divorce itself: section 17 of the Children and Families Act 2014 removed the old requirement for the divorce court to approve them. We will also need a completed divorce application, the form that used to be called a petition. In divorce cases, you must be married for at least one year before starting the legal process. If you are unsure whether divorce or annulment is the correct route, seek legal advice.

These grounds were abolished on 6 April 2022 and no longer apply to new applications. See no-fault divorce instead.

In order to proceed with divorce one of the 5 grounds must be satisfied. Annulment is a separate marriage annulment process used where a union is void or voidable, and it declares the marriage legally invalid rather than ending it by divorce. These are:

  • Adultery –this is where one of the partners has had sexual intercourse with a member of the opposite sex.
  • Unreasonable behaviour – This is the most commonly used grounds for divorce and covers many actions including where a partner cannot reasonably be expected to put up with their partners behaviour; such as violence, relationship with another person, abuse or use of drugs.
  • Separation of 5 years or more: If both spouses have been separated for at least five years, continuously and even if one party doesn’t agree of the divorce.
  • Two-year separation with consent: If both parties agree to the divorce, it is classed as “uncontested” and a divorce can be approved if the couple have been separated for more than two years.
  • Desertion: If a spouse leaves their partner for a continuous period of more than two years without a good reason.

Some people may instead be able to annul a marriage in certain circumstances, including a void marriage caused by bigamy, where the parties are closely related, non consummation, or where there was no consent because of duress. Bigamy and a prohibited degree of relationship make a marriage void from the start, while non-consummation and a lack of valid consent make it voidable, and the two routes are not the same.

Should you require to discuss your divorce further then feel free to contact our divorce specialists who would be able to discuss the grounds of divorce with you in detail and provide you with a consultation to analyse your individual circumstances.

Our family law specialists understand that one partner may not predict a divorce being imminent. You may have received divorce documentation from your partner or their legal advisers. We notice this is a shocking time and you may not know what to do. Our divorce specialists can look to review the documents with you and guide you through the process and discuss your options.

How long will the Divorce take?

It is difficult to advise on the time as each case varies based on individual circumstances. Under the pre-2022 procedure, an agreed divorce could reach decree absolute in around four to six months. This no longer applies. Since 6 April 2022 there is a minimum 20-week period between application and conditional order, then a further 6 weeks and 1 day before the final order — a statutory minimum of around 26 weeks, and usually longer in practice.

Contested divorces 

Since 6 April 2022 the divorce itself can no longer be contested simply because one spouse does not want it. What people mean by a contested divorce today is a contested settlement: the marriage ends either way, but the two of you cannot agree on the money or on the children.

Contested divorces occur when the spouses cannot agree and will look for a Court to make the decision on how they should arrange the split. Factors such as matrimonial properties, spousal support and custody of any children shared may be included in the Court’s decision. These contested divorce matters can take longer to finalise.

Our divorce law specialists work with contested divorce cases in which one person within the marriage refuses to agree the financial settlement or the arrangements for the children. Although disputing the divorce application itself is now almost impossible, contested divorces can be extremely complicated if you are not seeking professional advice.

Divorce claims can also be difficult where many assets and finances are involved. Advice must be sought immediately to ensure as well as obtaining a divorce you are also obtaining what you are entitled to. It may be beneficial to resolve the financial aspect at the same time as proceeding with a divorce to avoid lengthy proceedings. If you want to learn more about contested divorce and divorce claims get in touch with one of our experts who would be able to assist.

Fixed Fee Divorce

At Kabir Family Law we understand divorce is a difficult time and could affect individuals financially. We are able to provide a fixed fee divorce advisory service for cases where the divorce is agreed by both parties and just needs to be legally finalised. This option is tailored to your individual circumstances and allows you to see how much you will be charged for each stage of your divorce process, with tailored advice if you need help deciding whether divorce or annulment is the right route for your personal circumstances.

However, we’re able to work with assisting on any type of divorce claim throughout any stage in the process – even if you’re just getting started and are looking for a divorce expert to help assist you build your legal case.

Common questions about the divorce process

Can you work with international divorces?

Absolutely, depending on whether you are eligible to pursue a divorce in the UK Courts. We act for clients who live outside of the UK and wish to use the UK Court system to pursue a divorce. There are a complex set of rules that apply when dealing with divorces being brought by a spouse from outside of the UK. We would suggest that you contact us to arrange a consultation to explore your options.  

Can I still get divorced if I’ve lost my marriage certificate?

If you were married in the UK and you’ve lost your marriage certificate, it’s possible to still get a divorce. However, you will need to get a duplicate copy from the registrar office in order to proceed.

How long does a divorce take?

The statutory minimum is 26 weeks and 1 day: 20 weeks from the court issuing your application before you can apply for the conditional order, then 6 weeks and 1 day before the final order. Most divorces take longer than that, because court processing time and the financial settlement both add to it.

Can my husband or wife stop the divorce?

No. Since 6 April 2022 nobody can refuse a divorce or argue about the reason for it. A divorce application can only be disputed on narrow technical grounds: that the courts of England and Wales do not have jurisdiction, that the marriage was never legally valid, or that it has already legally ended.

Do I have to give the court details of my children?

No. The divorce application does not ask the court to approve the arrangements for your children. Section 17 of the Children and Families Act 2014 removed that step. Arrangements for children are dealt with separately, and if the two of you cannot agree them you make a separate application to the court.

How are finances arranged in a divorce?

There are various ways of resolving financial matters during the divorce process, but ultimately it depends on whether you and your partner can reach an agreement through mediation or collaborative law.

Often, couples will create a financial settlement after a divorce. This can be laid-out by the couple if they’re able to work together fairly, although a judge has the authority to create a settlement on behalf of spouses who are not willing to co-operate. Even then, you may still need a court order to make financial arrangements binding and enforceable after divorce or annulment.

The judge will weigh out the needs of both sides, carefully assessing:

  • The income and earning capacity of both parties
  • The age of both parties
  • The duration of the marriage
  • The standard of living enjoyed by the family before the breakdown of the marriage
  • The physical and mental capacity of both parties
  • The parties Form E’s

If both parties had signed a pre-nuptial agreement before the marriage took place, this may be used to decide how finances are arranged when the divorce has been completed.

However, if court proceedings become inevitable, rest assured that our separation and divorce specialists will be at hand for practical advice, robust assistance and legal support at each stage, including the legal implications for financial claims and child arrangements.

Divorced is not financially separated

A final order ends your marriage. It does not end financial claims between you.

Without a financial order approved by the court, your former spouse can bring a claim years later — after an inheritance, after a business succeeds, after a property is sold. It is usually discovered far too late to fix cheaply.

If you take one thing from this page: a divorce without a financial consent order is unfinished.

Arrange a consultation with our Family Law Specialists today

Our family lawyers are able to advise on both divorce and annulment matters for clients who live abroad by video call, so there’s no need to worry if you’re unable to visit one of our family law offices

The steps of the divorce are the easy part. What is worth a conversation is the order you take them in: whether to apply now or wait, what has to be agreed before the final order, and what happens to the pension. Bring those three questions to a free consultation and you will leave knowing which of them applies to you, and what it is likely to cost if it is left. To discuss your options today, get in touch with our team. If you think your marriage may never have been legally valid, our marriage annulment page explains that route instead.

Written by

Garry Steedman is a family law consultant at Kabir Family Law, specialising in complex divorce, children and property disputes, including TOLATA claims for unmarried couples and cohabitees. He advises on high‑conflict separations, contested children matters and financial settlements, combining clear, straightforward guidance with practical strategies that help clients move forward with confidence. Garry also supports the wider technical trusts of land issues, reviewing complex case files and helping to advise on robust evidence for court and negotiations.

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