Divorce can feel overwhelming, both emotionally and practically. Many people going through the process have similar concerns about how divorce works, what it involves, and what to expect. Below are answers to some of the most frequently asked questions about divorce in England and Wales.
1. How do I start divorce proceedings?
You can apply for a divorce online or by post through the court system. Since April 2022, the law allows for “no-fault divorce”, meaning you no longer need to blame your spouse for the breakdown of the marriage. You simply state that the marriage has irretrievably broken down. Further information on the new process can be found here New Non-Fault Divorce Laws
2. How long does a divorce take?
The process takes a minimum of 26 weeks due to the new divorce laws but will likely take longer due to processing times. The process can take even longer if there are disputes about finances or children. The legal process involves 2 stages:
- Conditional Order (previously called Decree Nisi)
- Final Order (previously called Decree Absolute)
The divorce is not legally complete until the Final Order is granted but it can often be advisable to not complete the divorce until the finances are resolved legally beforehand.
3. Do I need to go to court?
Most divorces are handled online and do not require a court hearing. You would only need to attend court if there are disputes over financial matters or child arrangements that cannot be resolved outside of Court.
4. How are finances dealt with in a divorce?
A divorce does not automatically resolve financial matters. If you want the finances resolved you will need to reach a financial settlement, which can be made legally binding through a Financial Remedy Order (sometimes called a Consent Order if agreed by both parties).
If you do not have the finances dealt with legally through the Court, it will likely mean that even if you completed your divorce, you would still have a financial tie to your then ex-spouse. This means that financial claims can still potentially be made by either spouse even after the divorce. This can give people great concerns if they come into assets after their divorce.
5. What happens to our children?
Child arrangements are not decided automatically within divorce proceedings. Parents are encouraged to agree where the children will live and how much time they will spend with each parent. If an agreement cannot be reached, either parent can apply for a Child Arrangements Order, and the court will decide based on the child’s best interests.
6. Can I apply for divorce if we have not been married long?
Yes, but you must usually have been married for at least one year before you can start divorce proceedings in England and Wales. If your marriage is less than a year old, you may consider an annulment in certain circumstances. Further information on apply for the divorce can be found here Sole or joint divorce application?
7. How much does a divorce cost?
The standard court fee for issuing a divorce application is £612 (correct as of September 2025). Legal fees vary depending on whether the divorce is straightforward or involves disputes over finances and children. Mediation and settlement can often help reduce costs. For divorce matters, we may be able to offer a fixed fee. Further information on this can be found here Family Court Fee Changes and Our Fixed Fee
8. Do I need a solicitor?
You are not legally required to have a solicitor, and many people manage the process themselves online. However, legal advice is strongly recommended for financial matters, child arrangements, and ensuring agreements are fair and enforceable.
9. What if my spouse does not agree to the divorce?
Under the no-fault system, your spouse cannot contest the divorce itself (except on very limited grounds, such as jurisdiction). They may, however, dispute financial or childcare arrangements.
10. Is a separation agreement different from a divorce?
Yes. A separation agreement is a written agreement that sets out how you and your spouse will divide finances if you separate but do not yet wish to divorce. It is not legally binding but can be persuasive in court if you later divorce. Further information on these agreements can be found here Legal Opinion: Have The New Divorce Laws Lead To The Demise of Separation Agreements?
Conclusion
Divorce in England and Wales has become more straightforward under the no-fault system, but important issues remain around finances, children, and future planning. Understanding the process and seeking professional advice where needed can help reduce stress and ensure fair outcomes.
Consultation
If you are experiencing difficulties or concerns regarding a divorce, John Hodge Solicitors can offer a free initial consultation to discuss your issues. The appointment can be held in person, over the phone or online.
Free initial consultations are subject to internal checks and availability. The information above does not constitute specific legal advice and it is highly recommended that independent legal advice is sought in respect of division of a property.
Next Steps: Get in touch
If you would like to discuss your Family matter then please don’t hesitate to reach out to our team of legal experts at John Hodge Solicitors, conveniently located throughout the South West, with offices in Bridgwater, Bristol, Clevedon, Wedmore, Weston-super-Mare and Yatton.
You can contact us either:
- by email
- via our website
- by calling us on 0800 097 8611
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