Essential guide: the divorce process

Divorce can feel overwhelming, particularly in the early stages. That’s why we created the amicable space : to make the process simpler, clearer, and less stressful.

This guide will walk you through every stage of the legal process for divorce in England and Wales, so you know exactly where you are and what to expect next.

If you’d prefer to watch a short video, listen to one of our specialists, Shreepali, explain the process below:

The legal process of divorce:

Since no-fault divorce was introduced in England and Wales, no one has to be blamed to get divorced. As long as one of you feels the relationship has come to an end, that’s enough to start the process.
You can apply for a divorce on your own or jointly . This change was made to help reduce conflict and support more amicable separations.
The law now includes built-in reflection periods to give you both time to think, plan, and take things step by step. So even in straightforward situations, a divorce will take at least eight months from start to finish.
The process is the same whether you’re ending a marriage or a civil partnership, but with a civil partnership it's called a 'dissolution'.

Overview of divorce

There are three aspects to a divorce:

• The legal process
• Splitting your money and property
• Making arrangements for any children

The four legal steps to divorce:

• Divorce application
• Conditional order
• Consent order (optional)
• Final order

Whilst there’s just one legal process for getting divorced in England and Wales, there are a few different ways you can go about it.

How to get divorced:

Do it yourself (DIY) £

This is often the most affordable way to get divorced, but it means handling the entire process yourself through the government website. The government charges a flat 'court fee' to submit your divorce application.
A divorce alone doesn't end your financial relationship , so you’ll also likely need professional help to cut your financial ties and formalise any financial agreements .

Online services ££ - £££

There are several online services that can help with the legal aspects of divorce, but they usually don’t help with negotiations or emotional support, which provide the most value to separating couples.

amicable ££ - £££

amicable is a comprehensive legal service . We help couples with the legal, financial and practical parts of separation , including assisting couples to reach fair agreements through our negotiation services.
We also help parents navigate all aspects of parenting apart. Our approach is designed to reduce conflict by working with couples together . Our specialists are also trained in the emotional journey, so they can provide empathetic and productive support for those navigating the legal process.

Mediation ££ - £££

A mediator is an independent, trained professional who can help you work out agreements for children or finances, but won’t usually help with the legal aspects of divorce, such as preparing the documents to legalise your financial split.

Solicitors ££££

A solicitor can help you with all the legal parts of getting divorced, including financial and child arrangements. Usually, solicitors don’t work with both people together, so this option is most relevant if you need extra legal protection, such as in cases of domestic abuse or if one person is hiding assets. It can be more expensive, and it’s not usually the right choice if you want to separate amicably.

Arbitration ££££

Arbitration is another way of resolving legal issues. Both of you agree to resolve their disputes outside of court, guided by an impartial arbitrator.
It is often compared to using a private judge to decide what happens to anything you can’t agree on around dividing money and property, or child arrangements. The decisions made in arbitration can be legally binding, resulting in an arbitration award that outlines the agreements.

Court £££££

Going to court should be a last resort, but sometimes it’s unavoidable during a divorce. For example, it may be necessary in high-conflict situations like cases involving domestic abuse. Court can be costly and take a long time, and it often turns the process into 'a battle', making it much harder to stay on good terms afterwards, which is especially important when children are involved.

Before getting started

What do you need before you can apply for a divorce?

• To be married (or in a civil partnership) for at least a year. If you’re not, you’ll either need to wait until a year has passed or try to get your marriage annulled via the government website
• Either you or your ex-partner must live in England or Wales
• A copy of your marriage certificate. If you don’t have one, you can request it from the government website If you got married abroad, you’ll need to contact the government of the country where you got married and request a copy to be sent to you. If the certificate isn’t in English, you’ll need to get it translated, with a ‘statement of truth’ included by the translator to certify the translation is accurate.

When should you apply for your divorce?

It’s completely normal to feel unsure about when to begin the legal process. While it might seem simpler to wait, delaying can come with hidden costs, both emotional and financial.
Many couples find it easier to communicate and agree on financial arrangements soon after separation. That’s because legal agreements are based on your current circumstances, not the situation at the time you split. Over time, things can change; new relationships, jobs, or living arrangements can make reaching an agreement more complicated. Unresolved issues can also add stress and uncertainty to your life.
If you’re sure the relationship is over, starting the legal process sooner can free up mental space and help you move forward with greater clarity and confidence. The key is to try, as far as possible, to approach the topic with your ex-partner in a way that won't escalate things and preserve your chances of an amicable separation. Listen to this podcast for tips:

Of course, there’s a balance to strike, giving each other time to process the emotional impact, while avoiding unnecessary delays that can create more difficulty down the line.

Applying for divorce:

Once you’re ready to start your divorce, there are two ways you can do this: on your own, or together in a joint application.

A sole application is where only one person starts the divorce and a joint application is where both people begin the divorce. There’s no difference in the amount of time it will take for the divorce to be completed, but there are slightly different stages to each process.

Joint applications were introduced with no-fault divorce to reduce the feeling of conflict: you aren’t against each other and you’ve made this decision together. For those looking for the most amicable outcome, joint applications can be more collaborative.

A sole application may be right for you if the other person is unresponsive, or if you want to be responsible for driving the process forward. If one person is eligible for help with legal fees, then that person would need to make a sole application.

You will need all your and your ex-partner’s contact details for the application, which will be visible to both of you in the document. If you don’t want your ex-partner to know where you’re living, there is an option to hide this information.

Acknowledging a divorce application

If you’re doing a joint application, you can skip this section, as both people are already in agreement.

If you choose to apply on your own, your ex-partner will receive an acknowledgement of service (AOS) . This is a legal document that will be issued once the application has been issued. They will have 14 days to return it so the process can continue.

If they don’t return the acknowledgement of service, then the divorce can’t progress. You’ll then have to prove to the court that they have received the acknowledgement of service to continue, possibly through a court bailiff, who will deliver the AOS to them in person, or a process server who can prove the delivery.

Once the acknowledgement of service has been filed, you can move on to the mandatory waiting and reflection period, and then the conditional order.

Reflection period

Once the divorce application has been issued, there is a mandatory 20-week period for each person to reflect on the relationship, and to begin making plans for the future. If you decide to continue with the divorce, the next step is to apply for a conditional order.

Apply for your conditional order

Once you submit your request for a conditional order, your case will be reviewed by a legal advisor before it is approved.

The court reviews your application and if satisfied that you can get divorced in England & Wales and all the information you have provided is correct, then the court will provide your 'certificate of entitlement'.

This will state the date your conditional order will be pronounced at court (though neither you nor your partner are expected to attend the court hearing). Once a judge has pronounced your conditional order, the 6-week waiting period starts on the same day.

It’s important to note that getting a conditional order does not mean your divorce is final : it’s a document from the court saying there is no legal reason stopping you from ending your marriage or civil partnership. From there, you have to wait six weeks and a day before applying for your final order, and that will finalise the divorce.

Keep in mind: if you want your financial arrangements to be legally binding with a consent order, you’ll need to get this before your final order.

After the conditional order has been pronounced, the agreed consent order can be sent to the court for a Judge to consider.

Financial arrangements

When getting divorced, you will need to separate your money and property. If you can come to an agreement, you can get a consent order to make your agreement legally binding. If you can’t come to an agreement, you can also get a financial order.

Most financial arrangements begin with a 50/50 split of everything, but other factors may be taken into account to change that split. These are things you should think about when deciding what arrangements are fair:

• If you have children, their welfare should come first and foremost. Where they will live, and how they will be provided for should be the first issue you agree on
• Each of your current earnings should be discussed, but also your earning potential. If one person has stayed at home to look after the children and will struggle to return to work, this should be taken into consideration
• Housing is an important issue. If one person owns a property and the other doesn’t, this could lead to an uneven split, where one person could keep the property but less of their savings, for example
• Overall contributions will also be taken into account, including time spent looking after children if there are any, so if you’ve made less of a financial contribution that doesn’t mean you will receive less of a split of those finances
• The length of the marriage will also impact how things are divided. The shorter the marriage, the less transfer of money there is likely to be
• Your age, health and pensions will also need to be looked at. If one of you is older or has a long-term health issue, it could impact your earning potential, which needs to be taken into account

All these issues around children and finances can be agreed informally, but if you want them to be legally binding, you will have to get a consent order.

Consent orders

A consent order is an official document that makes your financial agreement legally binding. It means neither of you can go back on what’s been agreed, and neither of you can claim more in the future.

A consent order may not always be necessary in every case, but we generally recommend them just so each person fully understands what they’re responsible for, and to make sure these agreements are legally enforceable in the event of a dispute.

A consent order gives you:

• Peace of mind knowing your agreement is set in stone
• Freedom to make financial decisions after your divorce
• Protection in case your ex tries to make a claim on anything in the future

Even if you have no major finances and nothing is being transferred between you, we still recommend you have a consent order to avoid any future financial claims. That might feel far-fetched right now, but life changes. You might receive an inheritance, build a business or buy a new home, and without a consent order, those future assets may still be considered on the table. We can help you get a legally binding consent order set up.

Child arrangements

If you have children, you will need to agree on arrangements for them. This can be one of the most difficult parts of getting divorced, but there are some ways to make it easier.
Child arrangements are often done with a parenting plan , which is a written agreement made by both parents on how they’ll raise their children during and after the divorce.
We recommend parenting plans because they provide an ongoing structure that can be referred to and updated as needed. We have a parenting plan template here you can use.
If you can’t come to an agreement that both of you are happy with, we can help.
We also built the amicable co-parenting app to make co-parenting simple, with shared schedules, information, expenses and communication all in one place.
For more information, read our essential guide to child arrangements here.

Final order

Once you have your conditional order, and it’s been approved by a judge, you can apply for your final order . This is the fastest step of the entire process, and usually only takes a day or two. When the court grants you your final order, you are officially divorced.
Keep in mind: you will need to receive your final order before you are able to remarry.

Ask the community

Sometimes it can really help to talk to someone who is going through the same thing. That’s why we created a forum where you can ask questions and talk about plans for your future with other members of the amicable community.
If you need help with anything mentioned above, or just want to talk to a Divorce Specialist who understands what you’re going through, get in touch with us for a free 15-minute consultation.