What a Divorce Settles, and What It Does Not.
Since April 2022 no one has to give a reason or prove anything, and no one can refuse. What remains is a sequence with fixed waiting periods, and a set of financial questions the divorce itself leaves untouched.
Divorce
Ending a marriage
One of you applies, or you apply together. A statement that the marriage has broken down irretrievably is conclusive, so there is nothing to establish and nothing to allege.
Dissolution
Ending a civil partnership
The same regime, under the Civil Partnership Act 2004 as amended. The sequence, the waiting periods and the terminology are identical to divorce.
Separating Without Divorcing
Judicial separation, and separation agreements
Judicial separation is a court order that relieves the duty to live together without dissolving the marriage, and it is not subject to the one year bar. A separation agreement is a private contract rather than a court order.
The Money Is a Separate Application
And it does not end with the divorce
A final order ends the marriage and nothing else. Claims over property, income and pensions survive it and stay open until a court dismisses them by making a financial order.
The Legal Position
The Divorce, Dissolution and Separation Act 2020 came into force on 6 April 2022 and rewrote how a marriage or civil partnership is brought to an end in England and Wales.
It Cannot Be Refused
A respondent cannot dispute that the marriage has broken down. An answer can be filed only to dispute the court’s jurisdiction, the validity of the marriage or civil partnership, or that it still subsists.
Not in the First Year
Section 3 of the Matrimonial Causes Act 1973 bars an application for a divorce order before one year from the date of the marriage. It bites on the application, so it applies to a joint one as much as a sole one.
The Words Changed With It
Petition became application, decree nisi became conditional order and decree absolute became final order. Older guidance, and older relatives, still use the previous terms for the same three things.
The Statutory Sequence
These periods are minimums fixed by the 2020 Act. They are the same in every case, they run whether or not both of you agree, and nothing either of us does shortens them.
The Application
Made by one of you or by both jointly, and issued by the court. A sole application has to be served, and service is the step that most often delays an otherwise straightforward matter.
The Conditional Order, After Twenty Weeks
A minimum of twenty weeks has to run from the day the application is issued. The court then confirms you are entitled to the order, though the marriage still exists at this stage.
It is also the earliest point at which a financial order can be made, which is why the twenty weeks is usually spent working the finances out.
The Final Order, After a Further Six Weeks and One Day
The marriage or civil partnership ends. Taken together the two periods mean a divorce is not completed in under roughly six months.
Applying is not automatic, and it is not always the right moment: where the finances are unresolved, the timing of this step can affect pension rights and other entitlements that depend on the marriage.
Legal Aid and Fees
£180 for the consultation, up to one hour, plus VAT at 20% where UK VAT applies to you. That depends on where you are living when you instruct us, and we will tell you before you decide.
£180You do not pay it if you already hold a legal aid certificate, or if your matter is care proceedings brought by a local authority. The government eligibility checker is not a certificate: it estimates eligibility, it does not grant it, so we cannot waive the fee on a checker result.
Otherwise the fee is payable, and we carry out the legal aid assessment at the consultation itself, on means and then merit. That assessment is what decides how your case proceeds. The fee for the work itself is assessed after that meeting and confirmed in writing before any work starts. The court’s own application fee is separate and payable to the court.
Things to Know
These answers state the general position in England and Wales. Your advice will address your circumstances.
Can My Spouse Stop the Divorce?
No. Since April 2022 there is nothing to contest about the breakdown itself. A response can dispute only the court’s jurisdiction, whether the marriage was valid, or whether it has already ended. Refusing to engage delays service. It does not prevent the outcome.
Does the Divorce Sort Out the Money?
No, and this is the most costly misunderstanding in this area. A final order ends the marriage and leaves every financial claim open. Claims over property, income and pensions survive until a court dismisses them in a financial order, and they can be brought years afterwards.
What Happens to My Claims If I Remarry?
Under section 28(3) of the Matrimonial Causes Act 1973, once you have remarried or formed a civil partnership you can no longer apply for financial provision in your favour, or for a property adjustment order, against your former spouse. An application already made before the remarriage survives, and pension sharing is not caught by the bar. It affects only the person who remarries: a former spouse who has not remarried keeps their claims against you.
Can It Be Done Faster If We Both Agree?
No. The twenty weeks and the six weeks and one day are statutory minimums, and agreement does not shorten them. What agreement changes is the cost and difficulty of everything running alongside the divorce, which is where the time and the money actually go.
Does It Matter Who Was at Fault?
Not for the divorce. Conduct is no longer alleged or examined to obtain one. In financial proceedings conduct is relevant only in the narrow circumstances the court recognises, and the threshold is far higher than most people expect.
We Separated Years Ago. Are We Already Divorced?
No. No length of separation ends a marriage by itself. Until an application is made and a final order granted you remain married, with the financial claims and the succession consequences that follow from that.
Can You Act for Both of Us on a Joint Application?
A joint application is made by two people, but a solicitor advises one of them. The other should take independent advice. That remains the position however amicable the separation is.
What Should I Have Ready for the First Meeting?
Your marriage or civil partnership certificate, the date of the marriage, and the date you separated if there is one. Whether anything has already been issued or served, and whether either of you has a connection to another country. We will explain what happens next after considering your position.
Other Family LawServices
Review related advice on money and property on separation, agreements between couples, and protection from abuse.
