The divorce process explained
At AJFL, we have a dedicated team of expert lawyers who can guide and support you throughout the divorce process.
It’s important to state that regardless of which family law practice you hire, your overarching aim should be to make the whole divorce as amicable as possible.
We understand that at this stage, you may well only be contemplating a divorce and not be ready to appoint a lawyer just yet.
Therefore, we created this guide to the divorce process in 2025 to answer commonly asked questions.
If you require further supplementary advice at any stage, then please get in touch with us anytime.
In this article, we will cover the following FAQ’s:
• How does the divorce process start?
• Who is called the “applicant” throughout the divorce process?
• Who is the respondent?
• How does the divorce process work?
• What are the grounds for divorce, and what is a “no-fault” divorce?
• Who pays the divorce bill?
• What if my partner does not agree to a divorce?
• What is a quickie divorce?
• Is there still a possibility of getting legal aid?
How can I obtain a divorce?
You may have already taken the first step to obtaining a divorce—acknowledging that the marriage should end.
However, for those readers who have not been through the divorce process may have common misconceptions. These misconceptions exist simply because there are still many false narratives regarding how the divorce process works in England and Wales.
Therefore, we urge you not to rely on information on many social media sites, forums, and blog posts unrelated to a family law practice.
For example, many clients sometimes falsely believe at the start of the divorce process that it can be “done and dusted” using a “quickie divorce process.” However, this is just a myth.
Another common misconception is that you will have your day in court and have to argue and present your point of view.
This often centres around many Hollywood movies, where you must present a strong case to win over a jury. However, the divorce process is handled entirely differently in England and Wales.
Therefore before proceeding, we want to calm your fears and say that divorce can be less acrimonious and more harmonious than you might think in the majority of cases we handle.
Sure, there can still be strong disagreements from one or both sides, but how your family lawyers handle those areas of disagreement matters.
Also, often you do not need to step foot in a family court in the vast majority of divorce cases.
Therefore, good divorce solicitors, such as Alun Jones Family Law, will work tirelessly to make your divorce as amicable as possible.
Its also important to note many options are open to you when it comes to choosing a method of divorce. You may wish to choose arbitration, family mediation, or collaborative law.
The divorce process has also changed to allow “no-fault” divorces, which can help make the divorce more amicable and less acrimonious. We shall now explain what that means.
No fault divorces
Various charities, family law practices, and related bodies campaigned for years to introduce the option of a “no-fault divorce.”
This finally came into existence on April 6, 2022. Ever since that date.
How can I start divorce proceedings?
The first stage of the process begins with completing a divorce petition. This petition must then be submitted to the family courts, alternatively your appointed solicitors can complete it to help save time.
There is also a central Government website where you can make the application yourself.
Why is one side referred to as a petitioner?
Both sides can make a joint application; however, more commonly, one side will submit a divorce application.
The person applying for the divorce is referred to as the “applicant”. If you have read older blog posts relating to this, an older terminology would be to refer to the applicant as the “petitioner”.
What is the next stage once the application has been sent?
The next stage is for the application to be processed by the family courts. This will work differently depending on how the application has been submitted.
For example, if the application was made via a Government Portal, it will be processed, and the parties will be updated via e-mail or post depending on what you have specified.
Before the divorce process can continue, the application must be acknowledged. The respondent, that’s your spouse, will have 14 days to acknowledge receiving the application.
At this stage, the respondent must state whether they agree to the divorce proceeding; most of the time, the divorce application is not contested.
In the rare set of circumstances that the divorce application is contested, your divorce lawyers will be able to advise you how the divorce can still often proceed. With that’ssaid, a contested divorce will take longer to complete and for the marriage to be dissolved in the vast majority of circumstances.
Decree Nisi or Conditional Order
Don’t be confused by the technical language here; this part of the divorce process is relatively straightforward and procedural. If the application is completed correctly, with no page or selection errors the form can be submitted. We would encourage you to ask your family lawyers to do this as they will often have extensive experience of submitting the necessary forms.
Decree Nisi, now renamed a conditional order, is simply an application that can be made 20 weeks after the family courts issue the divorce application.
This is what family lawyers refer to as the “cooling off period”.
Both sides may be adamant at this stage that a divorce is the only way forward, therefore questions may be raised about why a cooling-off period is needed?
However, regardless of whether there is absolute consensus that a divorce is the only path forward, there still needs to be a cooling-off period for any couples going through a divorce.
Therefore, the cooling off period is essential and part of the statutes and laws governing the divorce process. It is designed to give both parties time to consider the process they are about to enter.
Finalising the Divorce
Six weeks and one day must pass after the submission of the conditional order has been made, its only then a final order can be granted. Its at this stage both parties divorced. However before the marriage can be dissolved a financial order and agreement needs to be in place regarding key aspects of the divorce.
It is often therefore the level of mutual agreement that dictates how fast or slow the divorce process is.
Will I need to prove my marriage has broken down?
The divorce process has substantially changed since 6 April 2022. Divorcing couples within England and Wales no longer needed to cite fault grounds to justify their marriage has irretrievably broken down.
However now both or one party can opt for a “no-fault divorce.” This removes having to point the finger of blame towards one partner for why the marriage needs to come to an end.
Since the advent of the no-fault divorce option, this allows the divorce process to start on a better footing and steers it towards forming a more amicable resolution.
Financial claims
How can we find agreement on what should happen to our finances?
Before the divorce process can be completed, a financial order must be in existence.
This is undoubtedly one area of divorce where bitter disagreement can sometimes occur.
Therefore, an expert divorce lawyer is often needed to facilitate calm and diplomatic negotiation.
The last thing either side wants is to enter into protracted, complicated, and potentially unnecessary disagreement that’s drags on for a long period of time.
Therefore, both sides and their divorce lawyers need strong communication skills and diplopy.
The common misconception of a 50:50 split
Theres a common misconception that all assets and finances are redistributed in a 50:50 share in all divorce cases.
Often, a 50:50 redistribution of wealth and assets is a starting point in most negotiations. However, one partner, for example, may be unable to raise an income and,because of being out of work for so long, may be unable to enter the workplace quickly.
Therefore, the unique circumstances and intricacies must be carefully reviewed so that a divorce settlement is fair in each couple's own unique set of circumstances.
What methods are open to us in order to reach a resolution?
There are multiple methods open to you; that’s to say, there are many routes to reaching a resolution rather than having to attend court.
Its also important to note that attending the family court is now seen and considered a line of last resort.
Couples are actively encouraged instead to reach an agreement outside of court. Here are some of the options that are open to separating couples:
Mediation
Another common misconception during the divorce process is that attending mediation sessions is all about trying to “salvage” the relationship or marriage.
However, the opposite is true. In the divorce process, mediation offers a way to calmly resolve areas of disagreement.
Collaborative law
If the circumstances are correct, we strongly encourage you to consider using collaborative law.
This process is quite different from other methods of negotiation. This process is centred around the idea that you and your former partner each appoint a collaboratively trained lawyer.
You and your former partner then meet with each party's appointed collaboratively trained lawyers.
These meetings are often called a series of “four-way meetings " and are structured into set sessions regarding what both parties wish to discuss.
These meetings often centre around finances, children, and perhaps property. Yet they can be organised around any area where there is disagreement, and a resolution needs to be sought. For example, a series of meetings could be organised to discuss what should happen to a business interests or the family home for example.
The benefit of using collaborative law is that it is straightforward and can, therefore, facilitate direct negotiation. A divorce settlement can sometimes be reached at a pace.
However, as with all out-of-court negotiation methods, both sides must be willing to negotiate.
Both sides therefore need to give process your best effort in order to increase the chances of reaching an out-of-court resolution. If one or both partners are unwilling to cooperate and can't agree on any area, the divorce is sometimes heading in one direction: directly to the family courts.
My spouse is refusing to acknowledge the divorce petition. What can I do?
This can undoubtedly slow the divorce process down; often, this is the intention of a respondent who refuses to acknowledge the divorce petition.
An intervention by the family courts will be needed; they will need to assess whether it is reasonable that your spouse is aware of the divorce proceedings and are just choosing to ignore the correspondence.
Therefore, your appointed solicitors made a reasonable effort to contact your spouse in order to make them aware of the request for a divorce?
Personally, serving the papers.
In extreme circumstances, it comes down to the documentation being personally served and handed to the respondent.
This will then satisfy the family courts that your former partner has been served the divorce application.
What is a ‘quickie divorce’?
A quickie divorce is a common myth within the divorce process.
It is a bit like the concept of “common law” wife or husband status, again a myth. Yet because the story is as old as the hills, some couples have falsely rely upon it.
The misconception that a couple can obtain a “quickie divorce” is based on the idea that decree nisi can be obtained in a relatively short time frame.
However, a divorce does not become legally binding, meaning the marriage being legally dissolved until a final order is granted.
Do you require further help and advice?
Our friendly team of family law experts are on hand to help you.
To arrange for an initial consultation do contact us today.
