Divorce is a significant life event that can be emotionally challenging and legally complex. If you’re considering or currently facing divorce in England and Wales, understanding the process and potential costs can help you navigate this difficult time with greater clarity. This blog will guide you through the key steps of getting a divorce in England and Wales and provide insights into the average costs involved.
Step 1: Determine Eligibility for Divorce
To apply for a divorce in England and Wales, certain conditions must be met:
1. Legal Marriage: You must be legally married for at least one year.
2. Grounds for Divorce: You need to demonstrate that the marriage has irretrievably broken down, which can be established under the new “no-fault” divorce law that came into effect in April 2022.
3. Jurisdiction: One of the parties must reside in England or Wales, or have been domiciled there, to apply for divorce under English or Welsh law. Scotland and Northern Ireland have separate processes.
Step 2: File the Divorce Application
The process starts with filing a divorce application, which can now be done online or by submitting paper forms. The application will ask for details about the marriage and the reasons for the breakdown.
- Sole Application: One spouse (the applicant) files for divorce.
- Joint Application: Both spouses file for divorce together, which can make the process more amicable.
Step 3: Serve the Divorce Papers
Once the application is submitted, the court will serve the divorce papers to the other spouse (the respondent), unless it’s a joint application. The respondent has 14 days to acknowledge receipt.
Step 4: The 20-week reflection period
Under no-fault divorce, the other spouse can only dispute the divorce on narrow grounds, such as the court’s jurisdiction or the validity of the marriage. There is then a minimum wait of 20 weeks from when the application is issued before you can apply for the conditional order. Many couples use this time to agree their finances and arrangements for the children.
Step 5: Apply for a Conditional Order
Once the 20 weeks have passed, the applicant can apply for a Conditional Order (formerly known as a Decree Nisi). This is the first stage in the court’s approval of the divorce.
The court reviews the application, and if everything is in order, a judge will grant the Conditional Order. This confirms that the court sees no reason why the divorce cannot proceed.
Step 6: Apply for a Final Order
After a minimum waiting period of six weeks and one day from the date of the Conditional Order, the applicant can apply for the Final Order (formerly known as a Decree Absolute). This is the final step in the divorce process, legally ending the marriage.
Step 7: Address Financial and Child Arrangements
While the divorce legally ends the marriage, it’s important to address financial settlements and child arrangements separately, if applicable. These can be agreed through mediation or solicitor negotiation. Financial agreements should be made legally binding through a consent order approved by the court. Arrangements for children are usually recorded in a parenting plan and do not need court approval.
Average Costs of Divorce
The cost of divorce in England and Wales can vary widely depending on the complexity of the case, whether it’s contested, and how financial and child arrangements are handled. Here’s a breakdown of potential costs:
1. Court Fees: The standard court fee for filing a divorce application is £612 (since April 2025). This is a mandatory fee payable when you submit your application.
2. Solicitor Fees
- Uncontested Divorce: If both parties agree on the divorce, solicitor fees can range from £500 to £1,500, depending on the complexity.
- Contested Divorce: If the divorce is contested or involves disputes over finances or child arrangements, solicitor fees can escalate significantly, ranging from £5,000 to £30,000 or more.
3. Mediation Costs: At Ark, a MIAM costs £130 per person and joint mediation costs £130 per hour per person. Most families need two to four sessions, so child arrangements typically come to around £630 each and finances around £955 each. See our cost estimator.
4. Financial Settlement Costs: The court fee for a financial consent order is £60. Solicitors’ fees for drafting it are extra and depend on complexity. Ark’s fixed-fee legal package includes drafting through a partner law firm.
5. Additional Costs: If expert valuations, pension sharing orders, or other specialist services are required, these can add to the overall cost.
Ways to Reduce Divorce Costs
1. Amicable Agreement: If both parties can agree on the terms of the divorce and financial arrangements, it can significantly reduce legal fees.
2. Mediation: Using mediation to resolve disputes rather than going straight to court can save both time and money.
3. DIY Divorce: If the divorce is straightforward and uncontested, some couples opt to handle the process themselves, only incurring the court fee.
See our full family mediation costs here.
Conclusion
Getting a divorce in England and Wales involves several legal steps, from filing the application to obtaining the Final Order. While the process is more streamlined under the new no-fault divorce law, it’s still important to consider the potential costs involved. By understanding the process and being aware of ways to manage expenses, you can navigate your divorce with greater confidence and financial control.
If you’re considering divorce, it’s always advisable to seek legal advice to ensure your rights and interests are protected throughout the process.
Take the First Step
Don’t let uncertainty hold you back from finding a positive way forward. Book a free 10-minute call with one of our mediators, or call 0330 043 6360.
