Divorce & Separation

Overview

Divorce Route in Family Law (UK)

Divorce is the legal process that ends a marriage in the UK. It involves several steps, including filing a divorce application, resolving financial matters, and arranging child custody if applicable. The process is designed to be as straightforward as possible, but it can still be emotionally and legally complex. This guide outlines the divorce route in the UK and includes frequently asked questions to help you understand the process.

Grounds for Divorce

In the UK, there is now a “no-fault” divorce system, meaning you no longer need to prove that your partner is at fault. The grounds for divorce are:

• Irretrievable Breakdown: The only ground for divorce is the irretrievable breakdown of the marriage, which can be cited without attributing blame to either party.

The Divorce Process

Filing for Divorce

Application: The divorce process starts when one spouse (the applicant) files a divorce application with the court. This can be done online or by post.

Joint or Sole Application: You can apply for divorce alone or jointly with your spouse.

Responding to the Divorce:

Acknowledgment of Service: If the divorce is a sole application, the other spouse (the respondent) must acknowledge receipt of the application and confirm whether they agree to the divorce.

Conditional Order:

Application for Conditional Order: Once the respondent has acknowledged the divorce, the applicant can apply for a Conditional Order (previously known as Decree Nisi). This is the court’s acknowledgment that the legal requirements for divorce have been met.

Waiting Period: There is a mandatory waiting period of 20 weeks from the start of proceedings before the Conditional Order can be granted.

Final Order:

Application for Final Order: Six weeks and 1 day after the Conditional Order is granted, the applicant can apply for the Final Order (previously known as Decree Absolute). Once granted, the marriage is legally ended.

Financial Settlements

• Consent Order: Financial matters, including property, savings, pensions, and maintenance, should be resolved either before or during the divorce. A Consent Order is a legal document that records the agreement reached by both parties, which is then approved by the court.
• Court Decisions: If an agreement cannot be reached, the court can make decisions on the division of assets and any financial support.

Child Arrangements

• Parental Responsibility: Both parents usually continue to have parental responsibility after divorce.
• Child Arrangements Orders: If parents cannot agree on where the children will live and how much time they will spend with each parent, the court can issue a Child Arrangements Order to formalize the arrangements.

Written on: 29 July 2026