The Divorce Process: A Step-by-Step Guide

a step-by-step guide to no-fault divorce

Following the introduction of no-fault divorce in April 2022, the divorce process in England and Wales is relatively straightforward and simple. It involves 8 key steps, starting with assessing your eligibility to divorce in England and Wales, and ending with obtaining the Final Order (previously called the ‘decree absolute’).

The divorce process typically takes at least 7 months to finalise, but it may take longer if there are difficulties in agreeing a financial settlement.

We outline the key steps of the no-fault divorce process in our step-by-step guide below.

Step 1: Can you divorce in England & Wales?

If you are considering applying for divorce in England and Wales, the first step is to consider whether you can. In order to apply, the following requirements must be met:

• You must have been married for at least 12 months
• Your marriage must be legally recognised in England and Wales
• Your marriage must have irretrievably broken down
• England and Wales must have jurisdiction

To establish whether the English and Welsh courts have jurisdiction to handle your case, one of the following conditions must be satisfied:

• You and your spouse are habitually resident in England and Wales
• Both of you were habitually resident in England and Wales, and one of you still lives here
• Your spouse is habitually resident in England and Wales
• You have lived in England and Wales for at least 12 months
• You are domiciled in England and Wales and have lived here for at least 6 months
• Both you and your spouse are domiciled in England and Wales
• Either you or your spouse is domiciled in England and Wales

Step 2: Are you making a sole or joint application

If you and your spouse have come to an amicable agreement about getting divorced, you may wish to consider whether you want to make a sole or joint application.

As the name suggests, you and your spouse can apply for divorce together by making a joint application. Alternatively, if you make a sole application, you will be the only party applying for divorce and your spouse will be the respondent to the application.

Regardless of whether you make a sole or joint application, the divorce process is relatively identical. The only real differerence is that joint applications require a degree of cooperation between the parties, making it an unsuitable option for some couples.

However, it is possible for parties to switch from a joint application to a sole application.

Step 3: Making the application for divorce

Making the application to divorce is very simple. Applications can be made online via the government website or by post. To apply by post, you must complete a form D8 and send it to:

HMCTS Divorce and Dissolution service
PO Box 13226
Harlow
CM20 9UG

Regardless of how you apply, you will need to provide the following:

• Yours and your spouse’s full name and current address
• Your original marriage certificate or a certified copy (and a certified translation if your marriage certificate is not in English)
• Proof of any name change following marriage (such as changing your maiden name via deed poll)

If you instruct a solicitor, they will make the application for you.

Step 4: Acknowledgement of Service

If you make a sole application for divorce, the court will send your spouse (the respondent) the divorce petition and an Acknowledgement of Service form (AOS). They will have 14 days to complete and return it to the court.

Following the introduction of no-fault divorce in 2022, the respondent can no longer dispute the irretrievable breakdown of the marriage. They may only contest the divorce on technical legal grounds, for example, if they dispute the validity of the marriage or the jurisdiction of the courts in England and Wales. This means that you can divorce your spouse without their consent. 

As such, whilst respondents are required to file an acknowledgement of service within 14 days, it is possible for your divorce to proceed without them doing so. If you can provide evidence that your spouse has recieved the application, you can apply to the court for ‘deemed service’, meaning that the court will ‘deem’ that the respondent has been served for the sake of progressing proceedings. 

Alternatively, you can apply to the court for ‘dispensed service’, where the court will waive the requirement for the respondent to be served. This will only be granted if the applicant can show that they have made all reasonable attempts to locate the respondent and serve the divorce application. 

Step 5: The 20-week reflection period

Once an application has been made, parties must now wait 20 weeks before they can progress to the next stage. This waiting period is designed to provide parties with an opportunity to reflect, potentially change their mind about getting a divorce, and hopefully agree on some arrangements, whether that concerns child arrangements or the financial settlement.

Step 6: Applying for the Conditional Order

After the waiting period has passed, parties can then apply for a Conditional Order, formerly called a decree nisi, which confirms that they are able to divorce. The court will review the application for a conditional order, and if the judge is satisfied that there is no reason why the parties cannot divorce, a Certificate of Entitlement will be issued.

Step 7: The final 6-week waiting period

Once a Conditional Order has been made, parties must wait 43 days before an application for a Final Order, formerly called a decree absolute, can be made. Ideally during this time, parties should negotiate and agree on a financial settlement and apply for a consent order or apply for a financial order if they are unable to come to an agreement.

Step 8: Applying for the Final Order

The Final Order legally ends the marriage and will generally be issued within a day or two of applying for it.

If you’re considering or going through a divorce, click below for a free initial consultation with one of our expert divorce solicitors.

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