Divorce: the process, and the part that actually matters
Since no-fault divorce, ending the marriage is largely an administrative exercise. The money is dealt with separately, and that is where the case is won or lost.
The divorce itself
One party applies, or both jointly, on the basis that the marriage has broken down irretrievably. No reason is given and no blame is attributed. There is a minimum period before the conditional order, and a further period before the final order.
That is close to the whole of it. For most couples the divorce is paperwork.
The part that matters
Three things are decided, and only the first happens automatically:
If you take one thing from this page: get a financial order, even if you have agreed everything and there is nothing to divide. A consent order recording that neither of you claims against the other is inexpensive and it closes the door permanently.
What we do
The divorce, which is straightforward. The financial order, which is not. And the advice about sequencing — when to apply, when to hold the final order, and what to resolve before anything is filed.
Where matters are agreed, we draft the consent order and get it approved. Where they are not, we negotiate, mediate or litigate — in that order of preference, because the first two are faster and cheaper.
What it costs
Questions
Questions people ask us
How long does a divorce take?
There are minimum statutory periods, so even an entirely agreed divorce takes several months. The finances usually take longer and are the reason most cases run on.
Do I need a reason?
No. You apply on the basis that the marriage has broken down irretrievably. No fault, no allegations, and conduct is rarely relevant to the finances either.
Can we use the same solicitor?
No — a solicitor can act for only one of you. Where matters are agreed, one party can instruct and the other can take independent advice on the draft order, which keeps costs down without creating a conflict.
Do I have to go to court?
Usually not. Most financial matters settle by negotiation or mediation, and a consent order is approved on paper without a hearing.
We have agreed everything. Do we still need a financial order?
Yes, and it is the most important thing on this page. Without one, financial claims stay open indefinitely — against assets you acquire afterwards. A consent order is inexpensive and permanent.
Should I apply for the final order straight away?
Usually not, until the finances are resolved. Doing so can affect pension and death benefit entitlements. Take advice on timing before applying.
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