How divorce works now
You apply on the basis that the marriage has broken down irretrievably. That is the only thing you have to say. Adultery, behaviour and periods of separation are no longer relevant, and there is no longer any way for one spouse to contest the divorce or block it.
You can apply on your own, or jointly with your spouse. A joint application removes any argument about serving papers and tends to set a calmer tone. If your spouse stops cooperating partway through, a joint application can be converted to a sole one, so choosing joint carries no real risk.
The court fee is £628, correct as at 13 July 2026, paid once regardless of whether you apply alone or jointly. If you are on a low income or receiving certain benefits, the Help with Fees scheme can reduce or remove it.
How long it takes
There are two fixed waiting periods built into the law. Neither can be shortened except in genuinely exceptional circumstances, such as terminal illness.
- Week 0
Application issued
Submitted online with your marriage certificate. Court processing currently adds a few weeks before it is formally issued.
- Within 14 days, sole applications only
Your spouse acknowledges
If they do not respond, there are ways to proceed without their cooperation. It adds time but does not change the outcome.
- 20 weeks
Reflection period
A mandatory wait from the date the application is issued. This is dead time for the divorce, but it is the best time to get the finances sorted — which is what we would normally be doing during it.
- After the 20 weeks
Conditional order
The court confirms there is no reason you cannot divorce. This stage matters for money: the court cannot approve a financial order until the conditional order has been made.
- 6 weeks and 1 day later
Final order
This legally ends the marriage. You have up to 12 months to apply before you need to explain the delay to the court.
The legal minimum is around 26 weeks. In practice, eight to nine months is more usual once court processing is taken into account, and longer if finances are still being negotiated.
Why the divorce doesn't settle your finances
A final order ends the marriage. It does not end financial claims.
Without a financial order approved by the court, your former spouse can bring a claim against you years later — against a house you bought afterwards, an inheritance, a redundancy payment, or a pension that grew after you separated.
This is the single most expensive mistake we see, and it is almost always made by people who did the divorce themselves and assumed it was finished.
If you and your spouse can agree how to divide things, the agreement is written up as a consent order and sent to the court for approval. A judge checks it is broadly fair and then seals it. Once sealed, it is binding and it closes off future claims. That is the point at which the money side is genuinely finished.
There is also a timing decision worth taking deliberately rather than by accident. Applying for the final order ends rights that depend on being married — widow's or widower's pension provision, spousal death-in-service benefits, and some inheritance positions. Where the consent order has not yet been sealed, it is often right to hold off on the final order until it has been.
We cover how assets, property and pensions are actually divided on our financial settlements page.
How much help you need
Not everyone needs a solicitor for the whole thing, and we would rather tell you that than take the fee. These are the three routes, honestly described.
Do the divorce yourself
£628 court fee only
Reasonable if you have no property, no pensions worth dividing, no children under 18, and you both agree. The online application is designed to be used without a solicitor. We would still suggest a one-off conversation about whether you need a consent order — for most people the answer is yes.
Fixed-fee divorce
£950 plus VAT, plus the £628 court fee
We handle the application, the service, both orders and the correspondence. Suitable for an uncontested divorce where the finances are either straightforward or being dealt with separately. You know the total before we start.
Divorce with a financial settlement
Hourly, £240–£295 plus VAT, with a written estimate first
Where there is a house, a pension, a business, or disagreement about what is fair. We give you a written estimate before starting and tell you promptly if it needs to change. Consent order drafting on its own is £750 plus VAT.
If you weren't married
There is no such thing as common-law marriage in England and Wales, however long you have lived together. Separating as an unmarried couple is a different legal problem, and in some ways a harder one, because the protections that come with marriage are simply not there.
What you can do depends on whose name is on the property, what was agreed at the time, and what each of you contributed. If there are children, there are separate routes for housing and financial support. It is worth getting advice early here — the arguments turn on evidence of what was intended years ago, and that gets harder to establish with time.
A separation agreement is also an option for couples who are not divorcing yet but want to record what has been agreed about the house, the bills and the children.
Common questions
Can my husband or wife refuse the divorce?
No. There is no mechanism to contest a no-fault divorce. If your spouse does not engage, it can slow down service of the papers, but it cannot change the outcome. We deal with non-cooperation regularly.
Do we both need our own solicitor?
One firm cannot advise both of you on finances — there is a conflict of interest. For the divorce application itself, if you are applying jointly and agree on everything, one solicitor can handle the process while being clear they act for one of you. If money is being divided, you each need your own advice, and a court will expect to see that before approving a consent order.
Does it matter who applies first?
Not to the outcome. It makes no difference to how finances are divided or to arrangements for children. It can matter slightly for procedure and for who pays the court fee, which is one reason joint applications are often simpler.
Will I have to go to court?
For the divorce itself, almost certainly not — it is handled online. For finances or arrangements for children, only if you cannot reach agreement. Most matters settle through negotiation or mediation without a hearing.
What about the children?
The divorce does not decide where children live or how time is shared. Those arrangements are separate, and the courts prefer parents to agree them. See arrangements for children.
Can I get legal aid?
Legal aid for divorce and financial matters was largely withdrawn in 2013. It remains available in limited circumstances, mainly where there is evidence of domestic abuse. Tell us your situation and we will tell you honestly whether you might qualify and where to apply.
This site is a fictional demonstration build. Wharfedale Family Law is not a real firm and nothing on this page is legal advice.