Stage by stage

The Divorce Process

Divorce in England & Wales follows five defined stages. The minimum total time from application to final order is around 7 months — there are two legally required waiting periods built into the process.

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Who can apply? You must have been married for over one year, the relationship must have permanently broken down, and the marriage must be legally recognised in the UK. The reason for the breakdown does not affect the financial settlement.

£612Application fee

7+ monthsMinimum duration

£0Fee help if on benefits

Apply for Divorce

Day 1

Submit your application online at apply-divorce.service.gov.uk or by post using Form D8. You'll need your original marriage certificate (or certified copy) and pay the £612 court fee.

Joint application: both spouses apply together and confirm at each stage
Sole application: used when your spouse disagrees, refuses to engage, or cannot be found
The court issues your application and assigns a case number — both parties receive copies

Respondent Acknowledges (Sole applications only)

Within 14 days of issue

In a sole application, your spouse has 14 days to respond. They can acknowledge and agree, or indicate they intend to dispute.

They cannot refuse simply because they don't want a divorce — they need a genuine legal reason
If no response: the court advises you on how to proceed
Joint applications: this stage is skipped — both parties already confirmed

Apply for Conditional Order (formerly Decree Nisi)

After 20-week wait from issue

The 20-week waiting period is a legal requirement — it cannot be shortened. After it passes, you apply for the Conditional Order. The court reviews your application and sends both parties a certificate with the grant date.

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The Conditional Order means the court has confirmed there is no legal reason the divorce cannot proceed. You are still legally married at this point.

The court processing typically takes several additional weeks after you apply
This is the right time to sort out your financial settlement — do it before the Final Order

Apply for Final Order (formerly Decree Absolute)

43 days after Conditional Order

The 43-day wait (6 weeks and 1 day) is mandatory. After that, you can apply for your Final Order online or by post.

Apply within 12 months of the Conditional Order — otherwise you must explain the delay to the court
If you don't apply, your spouse can apply after a further 3 months
The court verifies time limits, then processes the order

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Sort finances first. Once the Final Order is granted you are divorced — but without a financial consent order, your ex can still make financial claims against you years later (including against your estate after death).

Final Order Granted — You Are Divorced

Typically 7–12 months total

You are legally divorced, free to remarry, and your financial ties are only fully severed once a financial consent order or clean break order is also in place.

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What if my spouse won't cooperate? A sole application means you don't need their agreement. Even if they dispute, a court cannot refuse a divorce — only delay it. Since April 2022, the grounds for divorce are simply that the relationship has irretrievably broken down.

Money & property

Financial Settlement

Divorce does not automatically divide your assets. You need a separate financial order to legally separate your finances. Without one, either party can make claims against the other indefinitely — even after remarriage.

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No financial order = no protection. A verbal agreement, email, or even a solicitor's letter is not legally binding. Only a court-approved financial order (consent order) protects you.

Three routes to settlement

If you and your spouse can agree on how to divide everything, you formalise this as a Consent Order. A judge reviews it to confirm it's fair — this usually happens without either of you attending court.

How it works

Both parties reach agreement (often with solicitor guidance)
A solicitor drafts the consent order document
You complete Form D81 (Statement of Information) and a "Notice of Application"
Submit to: HMCTS Financial Remedy, PO Box 12746, Harlow CM20 9QZ
Pay the £60 court fee
Judge approves (or requests changes) — typically no hearing required

When to apply

After the Conditional Order but before the Final Order. This is important — pension sharing orders only take effect once the divorce is finalised, so applying at this stage protects your position.

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Even if you agree everything, get a clean break order drafted professionally. DivorceIQ can show you what a fair settlement looks like before you agree anything — so you don't accidentally agree to less than you're entitled to.

Financial disclosure

Form E — Complete Guide

Form E is the 30-page sworn financial statement that both parties must complete in contested financial proceedings. It discloses everything — assets, income, debts, and needs. It is the foundation of every financial settlement negotiation.

30pages to complete

35 daysbefore FDA deadline

3 monthsCETV validity

Non-disclosure is serious. Deliberately hiding assets can result in cost orders of £10,000–£30,000, the settlement being set aside years later (Sharland v Sharland [2015]), contempt of court, or criminal prosecution under the Fraud Act. The duty of disclosure is ongoing — if your circumstances change after filing, you must update the court.

What to prepare before you start

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Request your pension CETVs immediately. Pension providers can take up to 3 months to provide a Cash Equivalent Transfer Value — and the valuation is only valid for 3 months. This is the longest lead-time item. Request on the day you start Form E.

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DivorceIQ pre-populates your Form E. When you complete the DivorceIQ calculator, the data you enter automatically generates the financial sections of your Form E — saving 3–4 hours of work and typically £750–£1,500 in solicitor time.

Child Maintenance Service

Child Maintenance (CMS)

Child maintenance covers how your child's living costs are paid when parents live apart. Both biological parents are responsible regardless of custody arrangements. The Child Maintenance Service (CMS) calculates, arranges, and enforces payments.

Who qualifies

Children under 16, or under 20 if in approved education or training
Both biological parents — regardless of who has custody
Both parents must live in the UK (with some exceptions for Crown employees abroad)

Two options

Private arrangement: You and your ex agree directly. Use the gov.uk calculator to check the expected amount. No fees, total flexibility.
CMS arrangement: The government calculates the amount, can collect payments, and can enforce non-payment.

Applying to CMS

Use the online tool at child-maintenance.service.gov.uk or call 0800 171 2345 (Mon–Fri, 8am–6pm). Have ready: your National Insurance number, bank details, employment and income details, and pension contribution information.

First payment typically arrives within 12 weeks. CMS reviews payments annually.

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If you have a court consent order relating to child maintenance that is less than one year old, you cannot use the CMS during that period.

Costs & time

Timelines & Fees

Understanding what the process costs and how long each stage takes lets you plan properly — and helps you spot if you're being quoted unusually high professional fees.

Court fees

Item	Fee	Notes
Divorce application	£612	Non-refundable once issued. Fee help available on low income.
Consent order (agreed finances)	£60	Usually no court hearing required.
Financial order application (contested)	£313	Required before MIAM/court proceedings.
MIAM (mediation assessment)	~£120	Per person. Mandatory before court application (with exemptions).

Key timelines

Stage	Timing
20-week wait	From court issuing the application → Conditional Order application opens
Conditional Order processing	Several weeks after application
43-day wait	From Conditional Order → Final Order application opens
Final Order processing	1–2 weeks typically
Total minimum	Around 7 months (same for joint and sole applications)
Form E → FDA deadline	Form E must be exchanged 35 days before First Appointment
First Appointment (FDA)	Typically 12–14 weeks after filing for a financial order
CETV pension valuation	Up to 3 months from request; valid for 3 months only
CMS first payment	Typically within 12 weeks of applying

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You don't need a solicitor for every stage. Many people handle the divorce application themselves and only use a solicitor to draft the consent order. DivorceIQ gives you the financial picture so you can negotiate from a position of knowledge — without spending thousands to understand your own position.

Plain English

Key Terms Explained

The legal and financial terminology around divorce can feel deliberately impenetrable. Here's what everything actually means.

Conditional Order

Formerly "Decree Nisi". Court document confirming no legal reason the divorce can't proceed. You are still married at this point.

Final Order

Formerly "Decree Absolute". The document that legally ends the marriage. You are now divorced.

Clean Break Order

A financial order that completely severs all financial ties between you and your ex — including any future claims.

Consent Order

A legal document confirming your agreed financial division, approved by a judge. Costs £60 to file. Legally binding once approved.

Form E

30-page sworn financial statement disclosing all assets, income, debts, and needs. Required in contested financial proceedings.

Form D81

Statement of Information — submitted alongside a consent order application.

CETV

Cash Equivalent Transfer Value. The value of a pension expressed as a lump sum today. Required for Form E. Free from your pension provider. Valid for 3 months.

MIAM

Mediation Information and Assessment Meeting. A mandatory individual session (~£120) before you can apply to court for a financial order.

FDA (First Directions Appointment)

The first court hearing in financial proceedings. Typically 12–14 weeks after filing. Judge reviews what information is needed.

FDR (Financial Dispute Resolution)

Second stage court hearing. The judge gives a candid (non-binding) view of the likely outcome. Most cases settle at or after this stage.

Pension Sharing Order

A court order transferring a percentage of one party's pension into the other party's own pension.

Periodical Payments

Regular spousal maintenance payments. Can be time-limited or indefinite. Ends on death, remarriage, or a new civil partnership.

CMS

Child Maintenance Service. The government body that calculates child maintenance amounts, can collect payments, and enforces non-payment.

Direct Pay

CMS payment method where the paying parent pays the receiving parent directly. No fees for either party.

Collect and Pay

CMS payment method where the government collects and distributes. The paying parent pays 20% more; the receiving parent receives 4% less.

Basic Rate

CMS rate applied to adjusted weekly income of £800–£3,000. Payment is 12% (1 child), 16% (2 children), or 19% (3+ children).

Shared Care Reduction

A reduction in CMS payments when the paying parent has the child for 52+ nights per year.

Section 25 Factors

The legal framework a court uses to decide financial orders — including length of marriage, earning capacity, housing needs, and contributions made.

Your complete guide to divorce in England & Wales