The divorce process in England & Wales runs on a fixed timetable set by law. Nothing you do can shorten the two statutory waiting periods, which is why a straightforward divorce takes roughly seven to eight months from start to finish.
Stage 1: check you can apply
- You must have been married for at least 12 months.
- The marriage must have broken down irretrievably - that is the only ground, and nobody has to prove fault.
- One of you must be habitually resident or domiciled in England & Wales.
Stage 2: decide sole or joint
A joint application means you both apply together and progress each step side by side. A sole application means one of you drives the timetable and the other is served with the papers. The legal result is identical - the choice is about tone and control.
Stage 3: submit the application
The application is made online. You need your marriage certificate, both full names and addresses, and the court fee of £593. The court then issues the application and, on a sole application, serves your spouse, who has 14 days to acknowledge it.
Stage 4: the 20-week reflection period
Twenty weeks must pass from the date the court issued the application before you can move on. This is a statutory cooling-off period. It is the ideal window to sort out finances, because a financial order cannot be sealed until after the Conditional Order anyway.
Stage 5: apply for the Conditional Order
Formerly called the decree nisi. You confirm you still want the divorce and a legal adviser checks the paperwork. The court then pronounces the Conditional Order - the marriage is not over yet, but the court has confirmed you are entitled to divorce.
Stage 6: sort the finances
Once the Conditional Order is made, a judge can approve a Consent Order recording your financial agreement. Most people apply for the financial order at this point and time the Final Order to follow it.
Stage 7: apply for the Final Order
Six weeks and one day after the Conditional Order, you can apply for the Final Order. When it is made, you are legally divorced and free to remarry.
The timetable at a glance
- Week 0: application issued, fee of £593 paid.
- Week 20: earliest date to apply for the Conditional Order.
- Week 22 - 24: Conditional Order typically pronounced.
- Week 29 onwards: Final Order applied for and granted.
This article is general information about the law of England and Wales, not legal advice. For advice on your situation, speak to a solicitor.