The first working day of January is colloquially known as ‘Divorce Day’, owing to the perception that the number of divorce enquiries surge on this day. While this is not strictly true, early January does consistently see an increase in the number of enquiries relating to divorce in England and Wales. Part of this is due to the pressure and strain that Christmas often causes through extended time together, as well as the financial stress of the period. As a result, the New Year often presents a natural reset point to reassess a married couple’s relationship.
In this article, we will explain the key stages of the divorce process in England and Wales, what the stages and timeframes involve, and how Lisa’s Law can help.
The Divorce Process in England and Wales
Divorce in England and Wales follows a defined legal process under the no-fault divorce system, which applies to all divorce applications issued since 6 April 2022. This means that neither party is required to prove wrongdoing, and a divorce can proceed on the basis that the marriage has irretrievably broken down, which is established by a statement from either or both parties. This statement is considered conclusive evidence, and no additional proof is required to demonstrate the breakdown of the marriage.
The process is generally straightforward where both parties cooperate and there are no disputes.
Stages of the Divorce Process
The key stages are as follows:
- Submitting the Divorce Application –
We will prepare and submit your divorce application to the Court on your behalf as the applicant.
- Acknowledging the Divorce –
Once the Court issues the application, it will send a copy to your spouse (the respondent), who must confirm whether they intend to dispute the divorce.
- Applying for the Conditional Order –
A mandatory 20-week reflection period follows the issuance of the divorce application. This time allows both parties to consider their decision and address arrangements for children, finances, and other matters. After this period, we can apply for a Conditional Order on your behalf.
- Applying for the Final Order –
After the Conditional Order is granted, a further six-week waiting period is required before applying for the Final Order, which legally dissolves the marriage.
How Long Does a Divorce Take?
On average, the divorce process itself in England and Wales typically takes around 10 to 12 months. However, this may vary depending on court workload and whether any complications arise. However, the timeframe may vary depending on:
- Court processing times
- Whether the application is sole or joint
- Any delays in acknowledgment by the respondent
It’s important to note that issues relating to finances or children are dealt with separately and may cause additional delays. If you and your spouse cannot agree on these matters, contested proceedings can take up to two years to resolve.
What Happens to Finances During a Divorce?
Financial matters are dealt with separately from the divorce itself. While obtaining a Final Divorce Order brings the marriage to an end, but it does not automatically resolve financial claims between spouses.
Financial matters may include:
- The family home and other property
- Savings and investments
- Pensions
- Debts and liabilities
To achieve certainty, financial arrangements must either be agreed by both parties and formalised in a Financial Consent Order, or determined by the Court if agreement cannot be reached. Without a formal settlement order, financial claims can remain open indefinitely, even after the divorce is finalised.
It is therefore important to consider financial matters at an early stage of the divorce process. Legal advice can help ensure that any agreement reached is fair, legally binding, and provides long-term certainty.
What Happens to Children During a Divorce?
As is the case with financial arrangements, arrangements for children are also dealt with separately from the divorce itself.
The divorce process does not determine where a child will live, how much time they spend with each parent, or how parental responsibility is exercised.
In many cases, parents are able to reach agreement about child arrangements without Court involvement. Where this is possible, the focus is on the child’s welfare and maintaining stability in their day-to-day life. In fact, the Court encourages both parties to reach an agreement and only apply to the Court where it is necessary to do so.
If agreement cannot be reached, either parent may apply to the Court for a Child Arrangements Order. When making any decision, the Court’s overriding consideration is the best interests of the child. Before applying for the court order, you are legally required to attend a Mediation Information and Assessment Meeting, unless you are exempt or applying for a consent order.
Early legal advice can help parents understand their options, avoid unnecessary conflict, and work towards practical arrangements that support their child’s wellbeing.
Contact us today for more information about how we can help with child arrangement matters.
How much do you charge for a non-contentious divorce?
Our legal fee for a straightforward, uncontested divorce is £750 plus VAT, on the basis that:
- Both parties agree to the divorce
- There is no dispute over the grounds for divorce
- There is no disagreement regarding children or finances
- Your spouse does not cause any undue delay in the proceedings
In addition to our legal fee, there is a court fee of £612 which is payable at the time of issuing the divorce application.
If your Marriage Certificate is not in English, it must be translated by a qualified interpreter.
Please note that these costs apply only to the divorce itself. Any additional legal work relating to financial settlements or child arrangements will be charged at our hourly rate of £300 plus VAT, and we will be able to offer a fixed fee wherever possible.
Have questions? Get in touch today!
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Email us on info@lisaslaw.co.uk.
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