Divorce Proceedings UK: Complete Guide

No-Fault Divorce: The New Law

Under the Divorce, Dissolution and Separation Act 2020, you can now apply for divorce simply by stating that the marriage has irretrievably broken down. There is no need to prove fault (adultery, unreasonable behaviour, etc.) or wait for separation periods. This change has made divorce faster, simpler, and less adversarial. Both spouses can apply jointly, or one spouse can apply alone. The new system recognises that sometimes marriages simply do not work out, without anyone being to blame.

The Divorce Process

Step 1: Apply online at the HMCTS divorce portal (£593 fee). Step 2: Conditional Order — after a 20-week reflection period. Step 3: Final Order — 6 weeks after the Conditional Order. Total minimum time: 26 weeks (6 months). The 20-week reflection period is designed to give couples time to reconsider and to negotiate financial and child arrangements. You can apply for the Final Order after this period, even if you have not resolved finances or child arrangements.

Financial Remedy

Divorce ends the marriage but does not automatically resolve finances. You need a separate financial remedy order (consent order or contested financial remedy proceedings) to achieve a clean break. Without one, either party can make financial claims years later. Financial remedy proceedings can be complex and expensive. Many couples reach agreement through mediation or negotiation and ask the court to make a consent order. If agreement cannot be reached, contested financial remedy proceedings may be necessary.

Children and Divorce

Divorce proceedings do not automatically deal with child arrangements. If you cannot agree on arrangements for your children, you will need to apply separately for a Child Arrangements Order using the C100 form. The court will not make a final divorce order if there are unresolved issues about children, unless both parties agree that the children's arrangements are settled. Always prioritise reaching agreement about children — this is usually in the children's best interests and is faster and cheaper than court proceedings.

Costs and Timeline

The court fee for divorce is £593. If you apply jointly, you can split this cost. If you use a solicitor, costs vary widely — from £500 for a simple uncontested divorce to £5,000+ for a contested divorce with financial issues. The minimum timeline is 26 weeks (6 months) for an uncontested divorce. If there are disputes about finances or children, the process will take longer. You can apply for the Final Order after 20 weeks, even if other issues are not resolved.

Frequently Asked Questions