Divorce in England and Wales: Key Legal Issues and Practical Consideration

This article is written by the Eddison Cogan Legal Team, drawing on experience supporting individuals and families through divorce, financial settlement and child arrangements in England and Wales.

Last updated: January 2026

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Divorce is rarely just a legal process. For most people, it marks the end of a shared life, a shift in family relationships, and a period of uncertainty about the future. Even where separation is amicable, the emotional impact can be significant, and the legal decisions made during this time often have long-lasting effects.

In England and Wales, recent reforms have changed how divorce works in practice. The process itself is now more straightforward, and many administrative steps can be completed online. This has helped reduce unnecessary conflict and delay. However, the issues that matter most to separating couples have not changed. Questions about financial security, housing, pensions and children remain central, and they require careful consideration rather than rushed solutions.

Whether separation is recent or has been under discussion for some time, understanding how divorce currently works, what the law expects, and how decisions are made can help people approach the process in a way that protects both their legal position and their well-being.

How divorce works under the current law

Divorce in England and Wales is now based on a no-fault system. This means that neither spouse is required to blame the other or prove wrongdoing. An application can be made by one person or jointly, simply stating that the marriage has irretrievably broken down.

Once the application is issued, the law builds in a structured period before the marriage can legally end. This reflects a recognition that divorce is not only a legal event, but a process during which practical and emotional adjustments take place.

It is important to understand that divorce itself does not resolve finances or arrangements for children. These matters run alongside the divorce and must be addressed separately.

Understanding the divorce timeline in practice

Although divorce is often described as simpler than it once was, many people still find the process confusing. This is largely because the terminology changed in 2022 and because different stages serve different purposes.

The outline below explains how the process usually unfolds, with previous terminology included where helpful.

Step 1: Making the divorce application

(Previously called issuing the divorce petition)

The process begins when one spouse, or both jointly, submit a divorce application to the court. This is usually done online. The application simply states that the marriage has irretrievably broken down. No explanation or evidence is required.

At this stage, the marriage is not ended and no decisions are made about finances or children.

Step 2: The acknowledgment stage

(Previously called the acknowledgment of service)

The other spouse is asked to confirm that they have received the application. This is an administrative step. Under the no-fault system, the divorce itself cannot usually be contested, although delays can occur if paperwork is not completed.

For many people, this stage can feel emotionally charged, even though its legal function is limited.

Step 3: The reflection period

(Previously part of the period before decree nisi)

Once the application has been issued, there is a minimum period of 20 weeks before the next formal stage can be taken. This period is intended to allow time for reflection and for practical matters to be addressed.

In reality, this is often when discussions about finances, housing and arrangements for children begin.

Step 4: The Conditional Order

(Previously known as the decree nisi)

After the reflection period, an application can be made for a Conditional Order. This is the court’s confirmation that the legal requirements for divorce have been met.

The Conditional Order does not end the marriage. The parties are still legally married at this stage.

Step 5: Resolving finances and arrangements for children

(Previously dealt with alongside or after decree nisi)

Financial arrangements and arrangements for children are legally separate from the divorce itself, although they usually progress alongside it. Some couples reach agreement early, while others need more time or support.

It is generally sensible to ensure that financial matters are resolved and recorded in a court-approved order before taking the final step in the divorce.

Step 6: The Final Order

(Previously known as the decree absolute)

The Final Order legally ends the marriage. It can be applied for no sooner than six weeks and one day after the Conditional Order is granted.

Timing this step carefully matters. Applying too early can affect financial rights, including pensions and inheritance. For this reason, many people choose to delay this step until practical arrangements are settled.

Plain English glossary

Conditional Order

This is the court’s confirmation that the legal requirements for divorce have been met. It does not end the marriage. Think of it as the point at which the court agrees that the divorce can proceed, but the marriage still legally exists.

Final Order

This is the document that legally ends the marriage. Once the Final Order is granted, the parties are no longer married and are free to remarry. It is often sensible to delay applying for the Final Order until financial matters have been properly resolved.

(These terms changed in 2022, so older guides, websites or advice may use different language.)

Financial arrangements and future security

For many people, financial uncertainty is one of the most difficult aspects of divorce. Decisions made during this period can affect housing, income and retirement planning for many years.

The law does not apply a fixed formula when dividing finances. Instead, the focus is on achieving a fair outcome based on individual circumstances. This includes considering income, earning capacity, housing needs, pensions, the length of the marriage and, where relevant, the needs of children.

Some couples are able to reach agreement through discussion or mediation. Others require more structured negotiation or, in some cases, court involvement. Whatever route is taken, it is important that any financial agreement is properly documented and approved by the court. Informal arrangements may feel sufficient at the time but often leave people exposed later.

Ongoing financial support between former spouses is not automatic. Where it is appropriate, it is often time-limited, with the aim of allowing both parties to plan independently for the future. Pensions, which are frequently overlooked, can be among the most valuable assets and deserve careful attention.

Children and arrangements after separation

When children are involved, the law places their welfare above all other considerations. The focus is on stability, security and maintaining meaningful relationships, where it is safe and appropriate to do so.

Arrangements may cover where a child lives, how time is shared and how parents make decisions going forward. Many families are able to reach agreement without court proceedings, sometimes with professional support. Where agreement cannot be reached, the court’s role is to determine what best meets the child’s needs.

Parents often worry about how separation will affect their children emotionally. While there is no single arrangement that suits every family, children generally benefit from reduced conflict, consistency and reassurance.

Resolving issues without unnecessary conflict

Not every divorce needs to involve contested court proceedings. Many couples now resolve issues through discussion, mediation or other forms of structured negotiation. These approaches can offer greater flexibility, privacy and control, particularly where there is a wish to maintain a functional relationship after separation.

However, alternative approaches are not suitable in every case. Where there are concerns about safety, imbalance or lack of transparency, a more formal legal process may be necessary. Understanding which approach is appropriate forms part of effective legal guidance.

Emotional well-being during divorce

Divorce often coincides with emotional strain, disrupted routines and significant change. Legal decisions made under pressure can later feel difficult or regrettable, which is why taking time to understand options and consequences is important.

Support during divorce is not only about legal outcomes. Feeling informed, listened to and supported can help people engage more clearly with the process and make decisions that reflect their longer-term interests. A steady, measured approach often leads to better outcomes than one driven by urgency or fear.

Moving forward with clarity and confidence

Divorce marks the end of a marriage, but it also represents the beginning of a new phase. While the process can feel daunting, understanding how the law works and what support is available can make it more manageable.

Clear information, thoughtful planning and proportionate advice help reduce conflict and protect what matters most, whether that is financial security, children’s well-being or peace of mind.

Frequently asked questions

How long does a divorce usually take?

Most divorces take at least six months from issuing the application to obtaining the Final Order. The exact timing depends on how quickly paperwork is completed and whether finances and arrangements for children are resolved alongside the process.

Can my spouse stop the divorce?

Under the no-fault system, a divorce cannot usually be contested. A spouse can raise procedural issues, but they cannot prevent the divorce from progressing if one party maintains that the marriage has irretrievably broken down.

Do we need to agree finances before the divorce is finalised?

It is strongly advisable to resolve finances and obtain a court-approved financial order before applying for the Final Order. Ending the marriage without a financial order can leave important claims unresolved.

Will assets always be divided equally?

There is no automatic rule that assets are split equally. The court looks at fairness based on individual circumstances, including needs, income, housing and the presence of children.

What happens to pensions on divorce?

Pensions are treated as assets and may be shared or offset as part of a financial settlement. They can be among the most valuable assets in a marriage and should be considered carefully.

Do children get a say in arrangements?

A child’s wishes may be taken into account depending on age and maturity, but the overriding consideration is the child’s welfare.

Is mediation compulsory?

In most cases, parties are expected to consider mediation before applying to court, unless an exemption applies. Mediation is encouraged but not compulsory if it is unsuitable.

Discussing your situation

Eddison Cogan Lawyers advise individuals and families on divorce, financial arrangements and child matters in England and Wales. Our approach is calm, supportive and focused on helping clients navigate change with clarity and confidence, at a pace that feels right.

The following note is included for clarity and completeness: This article is provided for general information only and does not constitute legal advice. Divorce law and procedure may change, and the application of the law depends on individual circumstances. Reading this article does not create a solicitor-client relationship. Specific advice should be sought in relation to your own situation.