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 one decision that matters in the divorce itself is timing the final order. Applying for it before the financial order is in place can have consequences — for pension death benefits, for occupational scheme entitlements, and occasionally for tax. It is a common and avoidable mistake, and it is why the final order is usually held back until the finances are resolved.

The part that matters

Three things are decided, and only the first happens automatically:

The divorce — administrative.
The finances — a separate application, not automatic, and not resolved by the divorce. This is where the case is.
The children — separate again, and only if you cannot agree.
A divorce does not end financial claims. This is the single most expensive misunderstanding in family law. Without a financial order approved by the court, your former spouse can bring a claim years later — against a business built afterwards, an inheritance received afterwards, a pension accrued afterwards. People discover this a decade on.

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

The divorce alone can usually be handled for a fixed fee, quoted before we start, plus the court fee.
A consent order, where everything is agreed, is also usually fixed-fee.
Contested financial proceedings are charged hourly at £400 plus VAT, because the cost is driven substantially by the other side’s conduct. We can fix individual stages and will tell you at the outset which parts can be fixed.

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.

Start with a conversation

A free 20-minute call. Tell us what has happened and we will tell you whether we can help, what it would involve and roughly what it would cost.

No charge

A free 20-minute call

Tell us what has happened and we will tell you whether we can help, what it would involve and roughly what it would cost. No advice is given on this call and there is no charge for it.

£350 plus VAT

A paid strategy session

One hour with a partner, followed by a written summary of your position and options. For people who want proper advice without instructing a firm yet. Credited in full against your fees if you go on to instruct us.

Or reach us directly

We answer enquiries the same working day.

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