Divorce and Dissolution of Civil Partnership
If your marriage or civil partnership has broken down, understanding your options and the legal process can help you move forward with confidence. At Heritage Park Family Law, we guide clients through divorce and dissolution proceedings with clarity, compassion and cost-effective advice.
Since April 2022, divorce law in England and Wales has changed significantly. The introduction of ‘no-fault’ divorce means you no longer need to blame your spouse or wait years to end your marriage. This guide explains how divorce works today, what you can expect from the process, and how we can help.
Divorce is the legal process that ends a marriage. Once a divorce is finalised, you are no longer legally married and are free to remarry if you choose. If you are in a civil partnership rather than a marriage, the equivalent process is called dissolution of civil partnership. Both processes follow the same legal framework and timescales.
Divorce deals only with ending the legal status of your marriage. It does not automatically resolve questions about finances, property, pensions or arrangements for children. These are separate matters that should be addressed alongside or after divorce proceedings, and we strongly recommend obtaining legal advice about financial matters before finalising your divorce.
The Divorce, Dissolution and Separation Act 2020, which came into force on 6 April 2022, introduced the most significant changes to divorce law in over fifty years. The key change is the removal of the requirement to prove ‘fault’ or to have been separated for a specified period before you can divorce.
Under the old system, you had to prove that your marriage had broken down irretrievably by establishing one of five ‘facts’: adultery, unreasonable behaviour, desertion, two years’ separation with consent, or five years’ separation without consent. This often meant couples had to apportion blame or wait considerable periods before they could divorce, even when both parties agreed the marriage was over.
Under the current law, the sole ground for divorce remains that the marriage has irretrievably broken down. However, you no longer need to prove this by establishing fault or separation. Instead, you simply provide a statement confirming that the marriage has broken down irretrievably.
This change means divorce proceedings are generally less adversarial and confrontational. There is no requirement to make allegations against your spouse, which can help preserve a more constructive relationship, particularly important if you have children together.
Under the current law, it is no longer possible to contest a divorce simply because one spouse does not want the marriage to end. The grounds on which a divorce can be challenged are now very limited and include:
These challenges are rare. For most couples, the no-fault system means the divorce process can proceed smoothly without unnecessary conflict.
To apply for a divorce in England and Wales, you must meet certain requirements:
If you have not been married for a full year but need to formalise your separation, a separation agreement; a form of post-nuptial agreement, may be an alternative option.
One of the changes introduced in April 2022 is the ability to make a joint divorce application. Previously, one spouse always had to be the ‘petitioner’ and the other the ‘respondent’. Now you have two options:
One person applies for the divorce and is known as the ‘applicant’. The other spouse becomes the ‘respondent’ and will be served with the divorce application. The respondent must acknowledge they have received the application, but cannot prevent the divorce from proceeding simply by objecting to it.
Both spouses apply together as ‘Applicant 1’ and ‘Applicant 2’. This can be appropriate where you both agree the marriage has ended and wish to proceed cooperatively. A joint application can help set a constructive tone for resolving other matters such as finances and arrangements for children.
There is no legal advantage to being the applicant rather than the respondent. The choice between a sole or joint application often depends on how amicable your separation is and whether both parties are willing to engage with the process.
If you start with a joint application but circumstances change, it is possible to ‘switch’ to a sole application at certain stages of the process.
The divorce process has several distinct stages with mandatory waiting periods built in. From start to finish, a divorce takes a minimum of 26 weeks (approximately six months), though in practice it often takes longer.
The process begins when the divorce application is submitted to the court. This can be done online through the government portal or by completing a paper form (Form D8). The application includes basic information about you, your spouse and your marriage, along with the statement that the marriage has broken down irretrievably.
You will need to provide your original marriage certificate or a certified copy. A court fee of £612 is payable when submitting the application (correct as of April 2025). If you are on a low income or receive certain benefits, you may be eligible for help with this fee.
Once the court receives and processes the application, it will ‘issue’ the proceedings. This is the official start date of your divorce.
After the divorce application is issued, there is a mandatory waiting period of at least 20 weeks before you can apply for the next stage. This ‘reflection period’ was introduced to give couples time to consider whether they truly wish to proceed with the divorce and to make practical arrangements regarding finances, property and children.
During this period, if you made a sole application, the respondent will be served with the divorce papers and must complete an acknowledgement of service confirming they have received them.
This waiting period cannot be shortened, except in exceptional circumstances such as where there is an urgent need to protect a party or child.
Once 20 weeks have passed since the application was issued, you can apply for a conditional order. This was previously known as the ‘decree nisi’. The conditional order is the first of two court orders that will end your marriage.
To obtain the conditional order, you apply to the court confirming that you wish to continue with the divorce. A judge will review the application and, if satisfied that the legal requirements are met, will issue a certificate of entitlement. The conditional order is then formally pronounced at a court hearing, though you do not usually need to attend.
The conditional order confirms that the court sees no reason why you cannot divorce. However, you are not yet divorced at this stage and remain legally married.
After the conditional order has been granted, there is a further mandatory waiting period of six weeks and one day before you can apply for the final order. This was previously called the ‘decree absolute’.
The final order is the legal document that officially ends your marriage. Once it is granted, you are legally divorced and free to remarry.
Important: We strongly advise clients not to apply for the final order until financial matters have been resolved. Once divorced, certain financial claims may be affected, and you could lose rights you would otherwise have had. Obtaining legal advice before applying for the final order is essential.
| Stage | Minimum timeframe |
| Divorce application issued | Day 1 |
| Reflection period | 20 weeks |
| Apply for conditional order | From week 20 |
| Conditional order granted | Typically 4–6 weeks after application |
| Waiting period | 6 weeks and 1 day |
| Apply for and receive final order | From week 26 onwards |
In practice, most divorces take between six and twelve months, depending on court processing times and whether there are any complications.
If you are in a civil partnership rather than a marriage, the process for ending it is called dissolution. The legal framework is identical to divorce, with the same requirements, stages and timescales.
The Divorce, Dissolution and Separation Act 2020 applies equally to civil partnerships, meaning you can dissolve your civil partnership on a no-fault basis using either a sole or joint application. The terminology differs slightly – you apply for a conditional order and then a final order of dissolution – but the substance is the same.
All the information on this page about divorce applies equally to dissolution of civil partnership.
Judicial separation is a legal process that formally separates spouses without ending the marriage. Unlike divorce, a judicial separation order does not dissolve the marriage, meaning you remain legally married and cannot remarry.
Judicial separation may be suitable in circumstances where:
There are several important differences between judicial separation and divorce:
The court fee for judicial separation is currently £365 (as of April 2025), which is lower than the divorce fee. The application is made using Form D8S and the process takes a minimum of 20 weeks.
Obtaining a judicial separation does not prevent either party from applying for a divorce later.
One of the most common misconceptions about divorce is that the process automatically deals with financial matters. This is not the case. The divorce process only ends the legal status of your marriage – it does not divide assets, property, pensions or debts, nor does it determine ongoing financial support.
Financial matters are dealt with separately through financial remedy proceedings, sometimes referred to as ancillary relief. Even if you reach an agreement with your spouse about finances, that agreement should be recorded in a court order (called a financial consent order) to make it legally binding and to dismiss future financial claims.
We strongly recommend that you do not apply for the final order until you have resolved your financial matters or obtained a financial consent order. Divorcing before finances are settled can have serious consequences, particularly regarding pensions, inheritance and certain types of financial claims.
For more information, see our page on financial settlements on divorce.
Divorce proceedings do not make arrangements for children. Where parents cannot agree about where children will live or how much time they spend with each parent, separate applications may need to be made under the Children Act 1989.
However, the court encourages parents to make their own arrangements wherever possible, and the 20-week reflection period provides an opportunity to do so. Many parents find that mediation or other forms of dispute resolution help them reach workable arrangements without the need for contested court proceedings.
For more information, see our page on child arrangements.
The cost of divorce varies depending on whether matters are agreed or disputed, and how much legal assistance you need.
The following court fees apply (correct as of April 2025):
| Application type | Fee |
| Divorce or dissolution application | £612 |
| Judicial separation application | £365 |
| Financial consent order | £60 |
| Contested financial remedy application | £313 |
| Child arrangements order application | £263 |
If you are on a low income or receive certain means-tested benefits, you may be entitled to help with court fees through the government’s fee remission scheme.
Legal costs depend on the complexity of your case and how much support you need. For straightforward divorces where finances and children matters are agreed, costs can be kept relatively modest. Where there are disputes that require court involvement, costs will inevitably be higher.
At Heritage Park Family Law, we understand that cost is a significant concern for clients. We offer transparent pricing and will always discuss costs with you at the outset so you can make informed decisions. Where possible, we offer fixed fees for specific pieces of work.
The Divorce, Dissolution and Separation Act 2020 introduced new terminology to make the process clearer and less adversarial. If you have been through divorce proceedings before or have heard older terms used, here is how the language has changed:
| Previous term (outdated) | Current term |
| Divorce petition | Divorce application |
| Petitioner | Applicant |
| Decree nisi | Conditional order |
| Decree absolute | Final order |
You may still see the older terms used in some contexts, particularly in older court documents or resources that have not been updated.
The minimum timeframe for a divorce is 26 weeks (approximately six months) from when the application is issued to when the final order can be granted. In practice, most divorces take between six and twelve months, depending on court processing times. If financial matters are complex or disputed, resolving everything may take longer.
In most cases, you will not need to attend court for the divorce itself. The process is largely administrative and is now primarily conducted online. Court attendance is only typically required if there are contested matters, such as disputes about finances or children, that cannot be resolved by agreement.
Under no-fault divorce, your spouse cannot prevent the divorce simply because they do not want the marriage to end. The only grounds for challenging a divorce are very limited – relating to jurisdiction, the validity of the marriage, or procedural errors. If you have decided that your marriage has broken down irretrievably, the divorce will proceed.
If your spouse does not acknowledge service of the divorce application, there are alternative methods of service available. In some circumstances, you may be able to proceed without their acknowledgement. A family law solicitor can advise you on the options available if your spouse is uncooperative.
Divorce ends a valid marriage. Annulment (nullity) is a declaration that a marriage was never legally valid in the first place (void) or that it can be treated as never having existed due to certain circumstances (voidable). Grounds for annulment include situations where one party was already married, the parties are too closely related, or the marriage was never consummated. Annulment proceedings are less common than divorce.
It is possible to apply for divorce without legal representation, particularly if matters are straightforward and agreed. However, we strongly recommend obtaining legal advice, especially regarding financial matters. Divorce has significant legal and financial implications, and professional guidance helps ensure your interests are protected. Mistakes made during divorce can be difficult and costly to rectify later.
The divorce process itself does not deal with property. How property is divided will depend on your individual circumstances and may be determined by negotiation, mediation or, if necessary, court proceedings. The court has wide discretion to divide assets in a way it considers appropriate, taking into account factors such as the needs of each party, the length of the marriage, and contributions made by each spouse.
Whether spousal maintenance is appropriate depends on the circumstances of your case, including factors such as each party’s income, earning capacity, needs and standard of living during the marriage. Maintenance is not automatic and is assessed on a case-by-case basis. The court’s approach is generally to achieve a clean break where possible, but this is not always appropriate, particularly in longer marriages or where one spouse has significantly lower earning capacity.
At Heritage Park Family Law, all our lawyers are specialist family lawyers with many years of experience. Our founder, Lisa Smith is a specialist family law barrister which means you can also benefit from barrister-level expertise and advice at competitive rates.
We understand that deciding to end your marriage is one of the most difficult decisions you may ever make. Our approach is to provide clear, practical advice that helps you understand your options and move forward in the way that works best for you and your family.
We can help you with:
We offer fixed fees for many services, so you know what costs to expect from the outset. Where matters are more complex and fixed fees are not appropriate, we will provide you with clear estimates and keep you informed about costs as your case progresses.
