UK Divorce process: A Step-by-Step Guide

If your marriage has come to an end, understanding the divorce process in the UK can help you know what to expect before taking the next step. Although the process is now usually more straightforward than it once was, there are still important stages and legal consequences to be aware of. 

Under current UK divorce law, separating couples no longer need to blame one another for the breakdown of the marriage. Instead, the basis for divorce is that the marriage has irretrievably broken down. 

However, divorce is not always the only issue to consider. A final order legally ends the marriage, but it does not automatically resolve financial arrangements. Because of this, it is important to understand how the UK divorce process works and when separate legal advice may be needed. 

Key takeaways 

• The divorce process is started with an application being prepared and submitted and then there is 20-week waiting period sometimes referred to as the holding period. 
• After this waiting period, applicants can apply for a conditional order which confirms that the court sees no reason why the divorce cannot proceed. 
• There is then a there is a further waiting period of six weeks and one day before the final order can be applied for. The final order is the document that legally ends the marriage. 
• The divorce process can be complex, so it is advisable to instruct a solicitor as soon as possible. 

What is the UK divorce process?  

The UK divorce process is the legal process used to bring a marriage to an end. It starts with an application for divorce and, if all stages are completed, ends with a final order.  

To apply for a divorce, you must usually have been married for more than one year. One or both parties must also confirm that the marriage has irretrievably broken down. The process is now largely completed online. If you are considering how to file for divorce in the UK, you will usually need your marriage certificate, details of when and where the marriage took place, and your spouse’s contact details.  

Sole application or joint application 

A divorce application can be made either by one spouse alone or by both spouses together. A sole application is made by one person. That person is known as the applicant, while the other spouse is known as the respondent. The application is sent to the respondent, who is then given time to acknowledge it. 

A joint application is made by both spouses together. In this situation, both people are known as applicants. This can be a suitable option where both parties agree that the marriage has ended and want to approach the divorce in a more amicable way. 

The divorce process in the UK is broadly similar whichever route is chosen. The main difference is whether one person applies alone or both parties make the application together.  

The main stages of the divorce process 

The UK divorce process usually follows a set sequence. First, the divorce application is prepared and submitted. If it is a sole application, it is sent to the other spouse, who will usually have 14 days to acknowledge it. 

Once the application has been issued and acknowledged, there is a mandatory 20-week waiting period. This is sometimes referred to as the holding period. It gives both parties time to reflect and to begin dealing with other arrangements, including finances and children matters where relevant. 

After the 20-week period has passed, the applicant or applicants can apply for the conditional order. The conditional order confirms that the court sees no reason why the divorce cannot proceed. 

Once the conditional order has been made, there is a further waiting period of six weeks and one day before the final order can be applied for. The final order is the document that legally ends the marriage.  

For more information about our divorce law services please visit our Divorce Solicitors page, or contact our team today.  

How long does a divorce take in the UK? 

A common question is, “how long does a divorce take in the UK?” In straightforward cases, a divorce will usually take at least around six months because of the mandatory waiting periods built into the process. The 20-week holding period and the further six weeks and one day after the conditional order mean that the process cannot usually be completed faster than this.  

However, when considering how long does a UK divorce take, it is important to remember that the overall timeframe can vary. Delays can happen if one party does not respond promptly, if there are difficulties with service, or if financial matters have not yet been resolved. 

In some cases, it may be sensible to delay applying for the final order until finances have been properly dealt with.  

What is a conditional order? 

The conditional order is an important stage in the UK divorce process. It means the court is satisfied that the divorce can proceed, but it does not legally end the marriage. 

This stage is also important because certain financial orders can usually only be sent to the court once the conditional order has been made. For many separating couples, the period before and after the conditional order is a useful time to work towards resolving financial arrangements. The conditional order was previously known as decree nisi. 

What is a final order? 

The final order is the last stage of the divorce process. Once it has been made, the marriage is legally ended. The final order was previously known as decree absolute. 

Although the final order ends the marriage, it does not automatically end financial claims between spouses. This is one of the most important points for separating couples to understand.  

Does the final order resolve finances?  

The final order brings the marriage to an end, but it does not automatically resolve financial arrangements. Financial matters are dealt with separately from the divorce itself. This means that even if both parties agree how assets should be divided, it is usually advisable to have that agreement recorded in a financial order approved by the court. 

There can also be risks in applying for the final order before finances are resolved. For example, once the marriage legally ends, a person may lose certain benefits linked to their spouse, such as death-in-service benefits, pension-related benefits or other employment benefits. Because of this, legal advice is often recommended before applying for the final order, particularly where financial arrangements remain outstanding. 

No-fault divorce and UK divorce law 

Under current UK divorce law, couples no longer need to prove fault to get divorced. This means there is no need to rely on adultery, unreasonable behaviour or a long period of separation. Instead, one or both parties simply state that the marriage has irretrievably broken down. In most cases, the other party cannot contest the divorce on that basis. 

This change has made the UK divorce process more focused on the future. Rather than looking back at the reasons why the relationship ended, separating couples can focus on practical arrangements, including finances and children. 

Many people still believe they need to blame their spouse when applying for divorce. In practice, UK divorce law no longer requires this, which can make the process less contentious for many families. 

When should you seek legal advice? 

It is sensible to seek legal advice before starting the divorce process, especially if you are unsure whether to make a sole or joint application, if financial arrangements have not been resolved, or if there are concerns about children matters.  

Advice at an early stage can help you understand your options and avoid taking steps that may affect you later. This is particularly important before applying for the final order, as ending the marriage may have financial consequences. 

If you are researching how to file for divorce in the UK, speaking to a solicitor first can help you understand how the application fits alongside any wider financial or family issues. 

How we can help 

The UK divorce process can appear straightforward, but it is important to understand each stage and how it may affect your wider circumstances. 

Our family law solicitors can advise you on the divorce process, explain the difference between a sole and joint application, and help you understand when financial arrangements should be dealt with. 

If you need advice on how long does a UK divorce take, how the process works, or how UK divorce law applies to your circumstances, contact our team by telephone on 0116 247 2000, complete our online contact form, or send us an email via info@smithpartnership.co.uk.