Even the most straightforward divorces typically take four to six months to move from the initial petition to the
The legal process of divorce in England and Wales has become more straightforward since the introduction of no-fault divorce. You no longer need to assign blame, but it is still important to understand each stage clearly.
Even in simple cases, the legal process usually takes around six to seven months. However, delays can happen if finances or arrangements for children are not agreed.
If you are just starting out, it may also help to read our guide on DIY divorce and financial settlements to understand the wider process.
What is the legal process of divorce under no-fault rules?
Under the current system, you only need to confirm that the marriage has irretrievably broken down.
This means you do not need to provide reasons such as adultery or unreasonable behaviour. As a result, the legal process of divorce is less confrontational and more focused on moving forward.
Importantly, one person cannot stop the divorce simply because they disagree with it. However, it can still be challenged in limited situations, such as jurisdiction disputes or questions about the validity of the marriage.
For official guidance, the UK government provides up-to-date information on the divorce process.
What are the stages in the legal process of divorce?
Application (formerly petition)
The legal process of divorce begins with an application made by one or both parties.
You must have been married for at least one year. The application includes a statement confirming the marriage has broken down irretrievably.
If you apply alone, your spouse will receive the application and must complete an Acknowledgment of Service.
20-week reflection period
After the application is issued, there is a mandatory 20-week waiting period.
This is a key part of the legal process of divorce, designed to allow time for reflection and to resolve financial or child arrangements.
Conditional Order (formerly Decree Nisi)
Once the waiting period has passed, you can apply for a Conditional Order.
This confirms that the court sees no legal reason why the divorce cannot proceed.
Final Order (formerly Decree Absolute)
After a further six weeks and one day, you can apply for the Final Order.
This is the final stage in the legal process of divorce and legally ends the marriage.
Do I need to sort finances during the legal process of divorce?
Yes, and ideally before the Final Order.
Although the divorce ends the marriage, it does not automatically resolve financial ties. Property, pensions and maintenance should be formally agreed.
You may want to read our page on financial settlements for a full breakdown of this.
How long does a divorce take?
The legal process of divorce typically takes a minimum of 26 to 30 weeks due to the required waiting periods.
However, delays can occur if documents are incomplete or if there are disputes about finances or children.
Do I need a solicitor?
You can complete the legal process of divorce without a solicitor if everything is agreed.
However, if there are disagreements or complex finances, legal advice is recommended. A solicitor can help ensure your agreement is fair and properly structured.
Can I challenge the divorce?
In most cases, you cannot challenge the divorce itself.
However, there are limited legal grounds to do so. These include jurisdiction issues, procedural errors or disputes about whether the marriage is valid.
What happens if my spouse does not respond?
If your spouse does not respond, the legal process of divorce can still continue.
You may need to provide evidence that they received the application or apply for alternative service. In some cases, the court allows the process to proceed without their involvement.
Will I need to go to court?
Most people do not need to attend court during the divorce process.
However, hearings may be required if there are disputes about finances or arrangements for children.
Can I start the divorce process if I am not a UK citizen?
Yes. You can begin divorce proceedings in England and Wales if you meet residency or jurisdiction requirements.
This usually means that you or your spouse live in England or Wales, or have a strong connection to the jurisdiction.
What is the most important thing to remember?
The legal process of divorce is now simpler, but it still requires careful planning.
Ending the marriage is only one part of the process. You also need to consider finances, children and your future stability.
Taking time to understand each stage will help you move forward with confidence.
final decree absolute. However, if one party contests the divorce or delays the process during financial settlement negotiations, it can extend to over a year, or even longer in some cases.
No-fault divorce is a legal process that allows couples to divorce without assigning blame to either party. It retains the requirement to prove an “irretrievable breakdown” of the marriage but eliminates the need to cite specific reasons like adultery or unreasonable behaviour. Instead, the couple only needs to state that the marriage has broken down irretrievably.
Under no-fault divorce, the ability to contest the divorce is removed, meaning that one party cannot oppose the divorce simply because they do not want it. However, there are still some legal grounds to challenge a divorce, such as disputes over the validity of the marriage or jurisdictional issues.
In the UK, no-fault divorce was introduced in England and Wales in April 2022, making it applicable in these regions. However, it does not apply uniformly across the entire UK. Scotland has its own legal system and had a form of no-fault divorce even before this change, although the specific procedures differ. In Northern Ireland, the introduction of no-fault divorce has not yet occurred, so traditional fault-based grounds are still required.
