The Divorce
Process
Divorce
Separation can be overwhelming, particularly at the outset – but it doesn’t need to feel confusing or drawn out.
We keep the process moving in the right direction, so you can forcus on what matters most.
The Process
So often, separation is a period of transition that brings practical, financial, and emotional considerations all at once. Understanding what lies ahead can make that transition feel more manageable, and less uncertain.
In England and Wales, the divorce process is no longer based on fault – a deliberate change intended to reduce conflict and enable separating couples to move forward with dignity. While every situation is unique, most divorces follow the structured pathway below.
Application
The process begins when one or both spouses file a divorce application with the Court. This confirms that the marriage has irretrievably broken down. Importantly, there is no requirement to assign blame. Applications can be made individually or jointly, depending on what feels most appropriate for the circumstances, and we can discuss this together.
Acknowledgment
If the application is made by one party, the other will be formally notified and asked to acknowledge receipt of that application.
Period of Reflection
The law now requires a minimum waiting period of 20 weeks before the divorce can progress any further. This stage creates a natural pause in the process, allowing practical arrangements to begin taking shape, and giving both parties time to consider their next steps and decisions. It is not a delay, but a deliberate part of the legal framework designed to support measured decision-making.
Conditional Order
Once the initial stage is complete, an application can be made for a Conditional Order. Once granted, the Conditional Order is confirmation from the Court that it sees no legal reason why the divorce cannot proceed. There is a further waiting period that begins, six weeks and one day.
Final Order
The final step is applying for the Final Order, which legally ends the marriage. The timing of this stage is often considered carefully, particularly where financial matters are still being resolved – again, we will discuss this together.
Ending a marriage legally (which is the process of ‘divorce’) is only one element of separation. Questions about finances, property, and children are addressed independently of a divorce, but remain fundamental to moving forward.
At Hilton Spence, our role is to guide you through the legal framework with clarity and discretion, ensuring you understand each stage and feel confident in the decisions you make about what comes next.
Our Fixed-Fee Service
We know that the prospect of legal fees can add pressure at an already difficult time - we offer a clear, fixed-fee divorce service:
✧ Applicant: £750 plus VAT
✧ Respondent: £400 plus VAT
These fees cover the legal work involved in progressing an undefended divorce through the usual Court process. A Court fee is payable separately upon the applicant submitting the application.
Open communication is encouraged throughout, and questions are always welcome.
