Divorce is a significant life change, and often a first interaction with family law in England and Wales. While the legal process may seem daunting, understanding the process and your rights can make a meaningful difference. This 2025 guide to divorce applies to both divorce and civil partnership dissolution in England and Wales, to help you move forward with confidence and clarity.
The No-Fault Divorce System
Landmark changes to divorce law in 2022 introduced the current no-fault divorce system, overhauling divorce rights and the legal steps involved. The changes have multiple benefits, including helping to reduce the emotional and financial toll on families.
In 2025, divorce is a simpler, less blame-driven process:
Irretrievable breakdown
Under this system, the only requirement for divorce is the irretrievable breakdown of the marriage. A simple statement confirming this, made by one or both spouses, is enough to initiate divorce proceedings.
Simplified process
By eliminating the need to cite reasons like adultery or unreasonable behaviour, couples can focus on resolving practical matters like child arrangements and finances, instead of airing grievances in court.
Joint divorce applications
This allows both parties to apply together, emphasising cooperation and reducing the unavoidably adversarial nature of the old process. Joint applications are particularly useful for couples seeking a more amicable separation.
Removing the right to contest a divorce
Respondents can no longer contest a divorce application in most cases. This ensures that one spouse cannot block the divorce, offering protection where there are power imbalances or abuse in a marriage and introducing a pathway to legal separation*.
Divorce Eligibility Requirements
Before you can apply for a divorce, there are a few key conditions to meet.
- Length of marriage: You must have been married for at least 12 months.
- Legal jurisdiction: Your marriage must be recognised under the laws of England and Wales.
- Permanent breakdown: You or your spouse believe that the marriage cannot be repaired.
If your marriage involves international elements, such as being married abroad or living in different countries, it’s important to consult a solicitor to ensure you meet jurisdictional requirements. These complexities may affect the process and outcome, so addressing them early is crucial.
The 2025 Divorce Process
In 2025, divorce is more streamlined, but it still involves several stages:
Filing the Application:
- Either one or both spouses can apply for a divorce online or by post.
- A £593 court fee applies, though exemptions are available for those on low incomes.
Reflection Period:
- A mandatory 20-week “cooling off” period begins once the court accepts the application. This time allows couples to consider their decision and start making practical arrangements.
Conditional Order:
- After the reflection period, you can apply for a Conditional Order which confirms the court sees no reason to deny the divorce.
Final Order:
- Six weeks after the Conditional Order, you can apply for the Final Order which legally ends the marriage.
- The entire process typically takes a minimum of six months, but delays can happen if there is conflict or if financial or child arrangements are unresolved.
Talking things through early and getting legal advice can help keep the process on track and avoid unnecessary delays.
Financial Arrangements
Financial settlements are often one of the most challenging aspects of divorce. Both parties are required to provide disclosure of their financial circumstances, including income, assets, debts, and pensions. This transparency ensures that any agreement support the wellbeing of any children involved, is fair and reflects the needs of both individuals.
If both parties can reach an agreement on financial matters, this can be formalised in a Consent Order, which makes the agreement legally binding. However, if disputes arise, the court may need to step in and make a decision. When determining financial settlements, the court considers various factors, including the length of the marriage, the contributions of each spouse, and the financial needs of any dependents.
It’s essential to seek professional advice during this stage. A solicitor can help you understand your rights, assess the fairness of any proposed settlement, and ensure your financial future is protected.
Child Arrangements
For couples with children, making arrangements for their care and well-being is the top priority. Above all, the welfare of the children is the family court’s primary concern and the law encourages parents to work together to agree on living and contact arrangements without court involvement, emphasising that both parents retain equal responsibility for their children after divorce.
If parents cannot reach an agreement, they can apply for a Child Arrangements Order to determine where the children will live and how they will spend time with each parent. Child maintenance is another crucial consideration. These payments can be agreed privately or calculated through the Child Maintenance Service (CMS). The court will only deal with Child maintenance in very limited circumstances where the paying parent earns above the limit set by the CMS or if they live abroad.
Alternatives to Court
Resolving disputes through the court can be costly, time-consuming, and emotionally draining for divorcing couples and their family. In recent years, greater emphasis has been placed on Non-Court Dispute Resolution (NCDR) methods, offering couples a more cooperative approach. These include:
Mediation: A neutral mediator helps both sides talk through issues and find a fair agreement without making decisions for them.
Lawyer Negotiations: Lawyers for both sides negotiate to settle the case, with a judge stepping in if no agreement is reached.
Collaborative Divorce: Both sides work with their lawyers to reach an agreement through open communication and problem-solving, without going to court.
Divorce Arbitration: A private process where an arbitrator listens to both sides and makes binding decisions, like a judge but outside of court.
Court alternatives are often quicker and less adversarial than court proceedings, helping to preserve relationships and reduce stress during an already challenging time.
Download our free handbook, A Beginners Guide to Mediation.
The risks of DIY divorce
While DIY divorce may seem cost-effective, it carries significant risks when couples divorce without legal advice.
Negotiating terms of a divorce without guidance from a family lawyer can have lasting consequences, potentially affecting important matters such as property and asset division, finances and child arrangements. Without legal expertise, it’s easy to overlook key details or misunderstand your rights. This can lead to unfair settlements or arrangements that don’t fully reflect your rights or the best interests of your children.
By seeking professional legal guidance, you can ensure that your divorce is fair, legally sound, and protects your long-term interests.
Emotional and Practical Support
Divorce is more than a legal process; the end of a relationship can be emotionally overwhelming. Many people find it helpful to work with a divorce coach who understands what you’re going through and can provide practical and emotional support.
Working with one partner only, a divorce coach can help people going through divorce navigate the challenges that are unique to them and their relationship. Speaking with trusted professional who can offer guidance and perspective can make a significant difference to your mindset, helping you overcome challenges beyond the legalities of divorce.
Find out more about Divorce Coaching at Stowe.
Taking the First Step
Divorce is a deeply personal decision, and no two experiences are the same. If you’re considering divorce, start by seeking professional legal advice to understand your options and protect your interests so you can begin the process informed and confident. Open communication with your ex-spouse, where possible, can also pave the way for smoother negotiations and preserve good will between you.
While divorce is undoubtedly challenging, it also marks the beginning of a new chapter. With the right support and information, you can pave the way for a positive and fulfilling future.
If you’re considering divorce in 2025 or simply want to understand the process better, get in touch or request a call back and one of our team will be in touch to discuss how we can help.
Useful Links
Download our free and comprehensive Beginner’s Guide to Divorce handbook.
When ‘I do’ becomes ‘I don’t’: Navigating the path to divorce and what to do next
*In certain rare situations, the Respondent can challenge a divorce by arguing that the court does not have the authority to handle the case, that the marriage was never legally valid, or that the marriage has already been legally dissolved.
