The Divorce Timeline: What to Expect from Application to Final Order

Going through a divorce can feel overwhelming, particularly if you are unsure what the process involves or how long it will take. The good news is that since April 2022, divorce law in England and Wales changed significantly, making the process more straightforward and less adversarial than it once was.

Here, we explore the key stages of a divorce, so you know what to expect at every step.

The New No-Fault Divorce

The Divorce, Dissolution and Separation Act 2020 came into force on 6 April 2022, bringing with it the most significant reform of divorce law in England and Wales for over 50 years.

Under the new law, it is no longer necessary to assign blame to either of you or to prove ‘fault. There is now a single ground for divorce: that the marriage has broken down irretrievably. It is enough that you believe this to be the case yourself; you do not need to provide reasons or evidence.

Before You Begin

Before making a divorce application, you must satisfy the following requirements:

• You have been married for at least one year.

• The marriage is legally recognised in England and Wales.

• The Courts of England and Wales have jurisdiction (which means that generally, at least one of you must be habitually resident or domiciled here).

Stage 1: Making the Application (formerly the “Petition”)

The process begins with one or both of you making a divorce application to the Court. This was previously known as filing a “petition”.

Applications can be made solely (by one spouse) or jointly (by both spouses together). Joint applications have been a new feature since April 2022 and can be a helpful option where both parties are in agreement.

The application is submitted online via the HMCTS portal, along with your original marriage certificate and the Court fee. Once the application is issued by the Court, a 20-week waiting period begins.

Stage 2: Service and Acknowledgement

Where a sole application has been made, the Court will serve a copy on the other spouse (known as the respondent). The respondent is asked to complete an Acknowledgement of Service form, confirming they have received the application and whether they intend to dispute it.

Importantly, under the new law, a respondent cannot contest a divorce simply because they do not want one. The only limited grounds on which an application can be challenged are jurisdictional (for example, whether the English and Welsh Courts have the right to hear the case).

Stage 3: The 20-Week Reflection Period

Once the application has been issued (i.e. processed and registered by the Court), there is a mandatory 20-week waiting period before you can apply for the Conditional Order.

This is sometimes called the “reflection period” and was introduced to ensure that couples have sufficient time to consider whether divorce is truly what they want, and to begin making arrangements,  particularly regarding finances and children.

During this period, it is recommended that you take legal advice on financial disclosure, negotiate a financial settlement, and if applicable, agree arrangements about your children. Getting these matters in order during the waiting period means the overall process can proceed more efficiently.

Stage 4: The Conditional Order (formerly the “Decree Nisi”)

After the 20-week period has elapsed, you (or both of you, in a joint application) can apply for the Conditional Order.

This was previously known as the “Decree Nisi”. It is a Court Order confirming that the Court sees no legal reason why the divorce cannot proceed. Importantly, it does not finalise the divorce.  You are still legally married at this stage.

The Court will review the application on the papers and, if satisfied, will pronounce the Conditional Order. You will receive a certificate confirming this.

Stage 5: The Six-Week (and One Day) Wait

Once the Conditional Order has been made, you must wait a further six weeks and one day before you can apply for the Final Order.

We strongly advise clients not to apply for the Final Order until a Financial Remedy Consent Order has been agreed and approved by the Court, or a Financial Remedy Order has otherwise been made.

Once the Final Order is granted, your marriage is legally ended. However, without a Financial Remedy Order being made, your financial ties remain, and both ex-spouses keep an open-ended right to make financial claims against each other. Click here (link to previous blog) to read more about this.

Stage 6: The Final Order (formerly the “Decree Absolute”)

The Final Order is the document that legally ends your marriage. Previously known as the “Decree Absolute”, it is the last step in the divorce process. Once it is granted, you are free to remarry if you choose to do so.

You should keep your Final Order in a safe place. You will need it as proof of your divorce if you wish to remarry, change your name, or update financial accounts and insurance policies.

How Long Does a Divorce Take?

Due to the mandatory 20-week reflection period and the six-week wait between the Conditional and Final Orders, the minimum time a divorce can take is approximately 26 weeks (and one day), or just over six months.

In practice, the process often takes longer due to Court processing times and, more commonly, because financial or children matters take time to resolve. Contested financial remedy proceedings can extend considerably beyond this minimum.

The divorce process follows several key stages and typically takes a minimum of 26 weeks to complete. It begins with the divorce application being submitted on day one. Once the application has been issued, it is served on the other party, who must acknowledge receipt. This is followed by a mandatory 20-week reflection period, designed to give couples time to consider their decision and make arrangements for issues such as finances and children. After the reflection period has ended, the applicant can apply for a Conditional Order. A further waiting period of six weeks and one day then applies before the Final Order can be granted. Once the Final Order is issued, the divorce is legally complete, which is usually just over 26 weeks from the date the application was first submitted.

What About Finances and Children?

It is important to understand that the divorce process itself only deals with the legal ending of the marriage. It does not automatically resolve financial matters or arrangements for children. These are separate processes and in many cases the most complex and time-consuming aspects of a separation.

Financial arrangements (including division of property, savings, pensions, and ongoing maintenance) should ideally be resolved and recorded in a Court-approved Financial Remedy Consent Order ideally before the Final Order is applied for. Without a Court Order, financial claims between you may remain open for many years after divorce, even if you believe matters have been settled informally.

If you have children, the Court’s primary concern will always be their welfare. In many cases, parents are able to agree arrangements between themselves, with the help of Solicitors or a Mediator. Where agreement cannot be reached, an application to the Court for a Child Arrangements Order may be necessary alongside the divorce.

How Can We Help?

At Farleys Solicitors, our specialist family law team can guide you through every stage of the divorce process, from making the initial application through to obtaining a Final Order and resolving any associated financial or children matters. We offer clear, compassionate advice tailored to your individual circumstances.

If you would like to speak to a member of our family team, please contact us today to arrange an initial consultation. If you would like to speak to our team, contact us today on 01254 606 008, or use our online enquiry form.