The Divorce Process Explained by a Family Law Solicitor

When facing the possibility of divorce, it’s completely natural to feel uncertain about what lies ahead. Understanding the legal steps involved can offer some clarity and peace of mind. As experienced family law solicitors in Cheshire, Liverpool, and Halton, we guide clients through each stage of the process, ensuring everything is handled with care, dignity, and precision.
Here is a clear, step-by-step timeline of how divorce works in England and Wales under the current no-fault divorce law.

1. Check If You Can Get a Divorce

You can get divorced in England or Wales if all of the following are true:

• You’ve been married for at least one year
• Your relationship has irretrievably broken down
• Your marriage is legally recognised in the UK (including same-sex marriage)

2. Initial Consultation with a Family Law Solicitor

Before starting the legal process, it’s strongly advised to speak to a family law solicitor. During this initial meeting, we discuss your circumstances and answer any questions you may have. From there, we can provide tailored advice, especially if your situation involves financial matters or arrangements for children.

3. Filing the Divorce Application

You can apply for divorce as a sole applicant or jointly with your spouse. The application is often done through the government’s online portal, although paper applications are available.

Once the divorce application is issued by the court, the Respondent (the other party) will be asked to complete an Acknowledgement of Service, confirming whether they intend to dispute the divorce or not.

Although there are now very limited grounds to dispute a divorce under the no-fault system, the process can still be complicated if the Respondent fails to cooperate or does not return the Acknowledgement of Service to the court. In such cases, we may need to arrange for personal service of the divorce application or apply for deemed service.

4. 20-Week Reflection Period

Once the application is issued by the court, a 20-week waiting period begins. This is known as the “cooling-off” or reflection period, intended to give couples time to consider their decision and explore whether reconciliation is possible.
During this time, your solicitor may help you begin discussions around child arrangements or financial settlements.

5. Conditional Order

After the 20-week period, your solicitor will apply for the Conditional Order. This is the court’s acknowledgement that the legal grounds for divorce have been satisfied.
No court appearance is usually required. Your family law solicitor will handle all communication with the court and ensure everything is filed correctly.

6. Resolving Finances and Child Arrangements

While not automatically part of the divorce process, financial settlements and child arrangements are often dealt with in parallel. A family law solicitor can:

• Draft and apply for a Consent Order to make financial agreements legally binding.
• Assist in negotiating or formalising child contact and custody arrangements.
• Represent you if any issues require court involvement.

It’s important to note that getting a divorce does not automatically sever financial ties between you and your spouse. Even if neither party wishes to make a claim against the other’s assets, you may still need to consider a Clean Break Order. This ensures that no future financial claims can be made following the divorce.

7. Final Order

You must wait a minimum of 6 weeks and 1 day after the Conditional Order before applying for the Final Order. This is the legal document that officially ends the marriage.
Your solicitor will advise on the appropriate timing, especially if financial agreements are not yet resolved, as finalising them beforehand can help avoid complications later.

How long does a divorce usually take?

Most divorces in England and Wales take around 6 to 9 months from the initial application to the Final Order, depending on how quickly both parties engage with the process and whether there are financial or child-related issues to resolve.

Conclusion: Legal Support Makes a Difference

While the no-fault divorce system has made the legal framework more straightforward, the process can still involve significant emotional and practical challenges.

At JR Levins, our family law solicitors in Cheshire, Liverpool, and Halton are dedicated to guiding you through each stage with clarity, respect, and efficiency. We focus on protecting your interests and ensuring the best possible outcome, helping you move forward with confidence and peace of mind.

Contact

☎️ Liverpool: 0151 480 5777
☎️ Widnes: 0151 423 3661
☎️ Runcorn: 01928 711119
🖥️ JR Levins Family Law Solicitor Cheshire, Liverpool, Halton
🏛️ Government Portal