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29/05/2026
Divorce can feel overwhelming, particularly when emotions, finances, children, and future arrangements all need to be considered at the same time. Understanding the legal process can help make the situation clearer and allow you to make informed decisions about the next steps.
At The Eric Whitehead Partnership, we provide clear, practical legal advice to support clients throughout the divorce process, helping them understand their rights and responsibilities while working towards the best possible outcome for their circumstances.
Divorce is the legal process of ending a marriage. In England and Wales, the law now operates under a “no-fault divorce” system. This means that neither person is required to prove wrongdoing or assign blame to apply for a divorce.
Instead, the application simply states that the marriage has broken down irretrievably.
This approach is designed to reduce unnecessary conflict and allow couples to focus on practical matters such as finances, property, and arrangements for children.
You can apply for a divorce if:
Applications can be made individually by one spouse or jointly together.
The divorce process begins when an application is submitted to the court. This includes details about the marriage and confirmation that the relationship has irretrievably broken down.
Once the application has been issued, the other spouse receives a copy and has an opportunity to respond.
After the application has been issued, there is a mandatory 20-week waiting period before the next stage can begin.
This period is intended to allow both parties time to reflect, consider arrangements for the future, and attempt to resolve financial or family matters where possible.
During this stage, many couples begin discussing financial settlements, property arrangements, child arrangements, pension sharing and ongoing financial responsibilities.
Legal advice at this stage can help avoid misunderstandings and ensure decisions are properly documented.
After the 20-week period has passed, an application can be made for a conditional order.
The conditional order is confirmation from the court that it sees no reason why the divorce cannot proceed.
Although this is an important milestone, the marriage is not legally ended at this stage.
Six weeks and one day after the Conditional Order is granted, the applicant can apply for the Final Order.
The Final Order legally ends the marriage.
However, it is important to understand that financial matters should ideally be resolved before the Final Order is granted, particularly where pensions, property, inheritance, or other financial interests are involved.
A divorce itself does not automatically resolve financial matters between spouses.
Separate financial arrangements may still need to be agreed regarding:
In many cases, a legally binding financial settlement can be approved by the court through a consent order.
Obtaining legal advice can help ensure any agreement is fair, properly drafted, and legally enforceable.
If children are involved, parents are encouraged to work together to agree arrangements that are in the child’s best interests.
This may include agreements relating to:
Where agreements cannot be reached, further legal support or mediation may be required.
In many family law cases, mediation is encouraged before court proceedings are considered.
Mediation involves an independent professional helping both parties discuss issues and work towards an agreement.
This can often help reduce conflict, save time, and avoid unnecessary legal costs.
However, mediation may not be suitable in every situation, particularly where there are concerns involving domestic abuse or safeguarding issues.
The divorce process in England and Wales typically takes a minimum of around six to seven months, although this can vary depending on:
Complex financial matters or contested arrangements can increase the overall timeframe.
Every divorce is different, and the right approach will depend on your personal circumstances, family arrangements, and financial position.
Professional legal advice can help you:
At The Eric Whitehead Partnership, our family law team provides supportive and straightforward advice to help clients move through the divorce process with confidence and clarity.
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