Few decisions carry the weight of ending a marriage. The good news is that the legal process itself is now far calmer than it once was. Since April 2022, England & Wales has had a no-fault divorce system that removes blame from the equation — leaving you free to focus on what truly matters: a fair financial settlement and stable arrangements for any children.
The reform was overdue. For decades, couples who simply wished to part had to allege adultery or "unreasonable behaviour," or else wait years living apart. That requirement turned an already painful moment into an adversarial one, often poisoning the very negotiations — over money and children — that most needed goodwill. The Divorce, Dissolution and Separation Act 2020 swept it away.
Understanding how the modern process fits together is the single best way to approach it with confidence rather than dread. What follows is a practical roadmap — not legal advice for your situation, but a clear map of the terrain.
The no-fault regime
Under the 2020 Act, the sole legal ground for divorce is that the marriage has broken down irretrievably. You no longer have to prove why, and your spouse cannot contest the divorce simply because they would prefer to stay married. A statement of irretrievable breakdown is, by law, conclusive evidence of it.
You may now apply on your own (a sole application) or together with your spouse (a joint application) — a deliberate nod to couples who have reached the decision amicably. The application is made online through the court service, with a court fee payable on submission.
Two built-in periods of reflection then govern the timetable. The first is a minimum of 20 weeks between the start of proceedings and the point at which you may apply for a conditional order (formerly the decree nisi). The second is a further minimum of 6 weeks and 1 day between the conditional order and the final order (formerly the decree absolute), which is what legally ends the marriage. In practice the process rarely takes less than six to seven months, and frequently longer where finances remain unresolved.
No-fault divorce did not make marriage disposable. It made the law honest — recognising that where one person is certain a marriage is over, the courts' role is to manage the parting fairly, not to assign blame.
Three separate matters
The most common and costly misconception is that "getting divorced" deals with everything in one stroke. It does not. The final order ends the marriage — but it does not, on its own, divide your finances or settle where the children live. These are three distinct legal questions, often running on different timelines.
It helps to think of a divorce as three parallel tracks, each resolved in its own way:
- The divorce itself — the legal dissolution of the marriage, governed by the 20-week and 6-week timetable.
- Finances — the division of property, pensions, savings and income, dealt with as a separate "financial remedy" application and ideally sealed in a court order.
- Children — where the children live and how they spend time with each parent, handled under entirely different law focused on their welfare.
A crucial practical warning follows from this: it is usually unwise to apply for the final order before the finances are resolved. Doing so can extinguish valuable rights — for example, certain claims against a spouse's pension or estate — so the timing should always be taken on advice.
The financial settlement
For most couples, money is where the real work lies. A "financial remedy" is the court process by which the matrimonial finances are divided, but the overwhelming majority of cases are settled by agreement rather than fought to a final hearing. Whether agreed or imposed, the same legal framework applies.
That framework is section 25 of the Matrimonial Causes Act 1973, which sets out the factors a court must weigh. There is no fixed formula and no automatic 50/50 split; the starting point is fairness, judged in the round. The court must give first consideration to the welfare of any child, and then balance factors including:
- the income, earning capacity, property and other financial resources of each party;
- their financial needs, obligations and responsibilities, now and in the foreseeable future;
- the standard of living enjoyed during the marriage;
- the age of each party and the duration of the marriage;
- any physical or mental disability of either party;
- the contributions each has made, including caring for the home and family;
- and, in some cases, conduct where it would be inequitable to disregard it.
Two practical pillars hold the whole process up. The first is full and frank financial disclosure: both parties are obliged to set out their assets, income, liabilities and pensions honestly, typically on a standard court form. A settlement built on hidden assets can later be reopened and set aside. The second is the consent order — the document that makes an agreed settlement legally binding. Without a sealed court order, an informal agreement offers little protection, and either party may be able to make a claim years later.
Where the circumstances allow, many couples seek a clean break: a settlement that severs all ongoing financial ties, so that neither can make future claims against the other's income or capital. A clean break brings certainty and closure, though it is not appropriate in every case — particularly where there are young children or a significant disparity in earning capacity that calls for ongoing maintenance.
Arrangements for children
Decisions about children sit apart from the divorce and the finances, and are governed by the Children Act 1989 rather than the divorce legislation. English law no longer speaks of "custody" or "access"; instead it asks, simply, what arrangements best serve the child. The child's welfare is the court's paramount consideration, and the law presumes that a child benefits from the involvement of both parents unless that would put them at risk.
Crucially, the courts encourage parents to agree these arrangements between themselves, and most do — through direct discussion, solicitor-led negotiation, or mediation. The court becomes involved only where agreement proves impossible, when a parent may apply for a child arrangements order setting out where a child lives and how they spend time with each parent. Save in cases involving urgency or safeguarding concerns, attending a mediation information meeting is generally expected before a court application can be made.
Child maintenance is a separate matter again, usually handled through the Child Maintenance Service rather than the divorce court, though it can be incorporated into an overall agreement.
- Divorce in England & Wales is now no-fault: irretrievable breakdown is the sole ground, and a divorce cannot ordinarily be contested.
- The timetable builds in a 20-week wait before the conditional order and a further 6 weeks before the final order that ends the marriage.
- Divorce, finances and children are three separate matters — the final order alone resolves none of the money or child questions.
- Finances are decided under the section 25 factors, with fairness — not an automatic 50/50 split — as the guiding principle, and an agreement should be sealed in a consent order.
- Arrangements for children are governed by the child's welfare under the Children Act 1989, with agreement and mediation strongly encouraged over litigation.
How Crejj & Partners can help
Our Family Law team guides clients through every stage of separation — from issuing or responding to a divorce application, to negotiating a fair financial settlement, to securing sensible arrangements for children. Wherever possible we resolve matters by agreement, through constructive negotiation or mediation, sparing you the cost and strain of contested proceedings. Where a fair outcome cannot be reached by consent, we litigate firmly and protect your position. We will ensure that any agreement is properly documented in a binding court order, so that the settlement you reach is the settlement that holds. If you are contemplating divorce, or are already in the midst of it, an early conversation with us can save a great deal of difficulty later.
This article is provided for general information only and does not constitute legal advice or create a solicitor–client relationship. It describes the law of England & Wales, which may change; seek tailored advice for your circumstances. Crejj & Partners is a fictional firm presented for illustrative purposes on this website.