A Family Lawyer’s guide to five of the top most Googled Family Law questions in England and Wales relating to divorce/separation
min readWhat are the grounds for divorce?
In England and Wales, the legal framework for divorce is governed by the Matrimonial Causes Act 1973, as amended by the Divorce, Dissolution and Separation Act 2020 (which came into effect in 2022).
The sole ground for divorce is that the marriage has broken down irretrievably.
On 6 April 2022, the Divorce, Dissolution and Separation Act 2020 introduced "no-fault divorce". This marked a significant shift in how divorce proceedings are approached. Prior to this change, applicants (or as they were called then ‘petitioners’) were required to demonstrate there had been an irretrievable breakdown of the marriage by proving one of five facts: adultery, unreasonable behaviour, desertion, two years' separation with consent, or five years' separation without consent.
The legislation introduced in 2022 eliminates the need to assign blame or prove fault, which aims to reduce conflict and promote amicable resolutions. The reform was intended to make the divorce process more straightforward and less adversarial, encouraging cooperation and reducing the emotional strain often associated with divorce proceedings. In our experience, “no fault divorce” has achieved this intended aim (although sadly parties may still have an adversarial process when resolving financial matters, or the arrangements for their children). Parties can also now apply for divorce jointly, as well as on a sole basis.
How long does a divorce take?
In the most straightforward case, the minimum timeframe for a divorce to be obtained (from application to receipt of the final order) is approximately six months.
Parties are normally advised not to apply for the final order of divorce until an order resolving financial matters is approved by the court. This is because parties are usually better protected as spouses, rather than as ex-spouses, in relation to pensions, tax benefits and inheritance, in the event one party were to die before the finances had been resolved. It is important to bear in mind that the time needed to reach agreements on financial matters can vary widely depending on the issues and the willingness of both parties to negotiate. Seeking legal advice early in the process can help individuals understand their rights and responsibilities, and ensure that all necessary paperwork is completed correctly to avoid delays. Exploring means of non-court dispute resolution can often speed up the process and reduce costs and is an important consideration in all cases.
What is the process for obtaining a divorce?
The process is as follows:
- An application is made for divorce – either on a sole or joint basis, and the application form is now completed online and requires a clear copy of the marriage certificate;
- The court issue the application and it is sent to the other party (if a sole application was made);
- There is a mandatory minimum period of 20 weeks from the date the divorce application is issued by the court until the first order of divorce, the conditional order (formerly known as decree nisi), can be applied for. This period is intended to allow both parties time to reflect;
- After 20 weeks, the applicant(s) can apply for the conditional order;
- The court grant the conditional order; and
- After a minimum period of six weeks and one day has elapsed from the grant of the conditional order, an application can be made for the final divorce order (previously known as decree absolute). It is the final order that legally dissolves the marriage and means the parties are then divorced.
What is the court fee for filing a divorce application?
The court fee for filing a divorce application is currently £612 (as at 12 June 2025). This fee is payable in addition to any solicitor’s fees to advise on, prepare the application and guide the parties through the process.
What happens if we separate whilst cohabiting (and we are not married)?
In England and Wales, cohabiting couples do not have the same legal rights as married couples upon separation.
There is no such thing as a “common law” spouse, a fact that is often – and surprisingly widely - misunderstood. Indeed one of the writers herself recently had to set a mortgage provider straight on this point when she noted that the mortgage application form she had been given to complete included “common law spouse” within a list of tick boxes options!
Under the current law, cohabiting couples do not have any financial claims against each other in the event of separation by virtue of their relationship alone. This means that any disputes in relation to property ownership or financial support must be resolved based on existing agreements (e.g. a Cohabitation Agreement), property law or trust law (or, as explained below, under Schedule 1 of the Children Act if the couple has minor children). It is welcome and overdue that the Government has now signalled a formal consultation will start later this year to “build public consensus on what cohabitation reform should look like”.
Beyond any rights that arise between cohabiting couples as a result of property law, trust law or agreements they may have entered into between them, if the cohabiting couple has a minor child, they may be able to make a claim for financial provision for the benefit of the child under Schedule 1 of the Children Act 1989. This can include:
- regular payments (known as periodical payments) to enable day-to-day expenses to be paid for the benefit of a child/children;
- a lump sum for specific expenses such as school fees, medical costs, a laptop, etc; and
- a property – where the portion paid for by the paying party will be held on trust and revert to the paying party when the child reaches a certain milestone, such as reaching 18 or finishing education.
