Guide to the Divorce Process

Typical Timeline of Events

1. Deciding to Separate
This is the point where you or your partner make the decision to end the marriage or civil partnership. You do not have to move out straight away, but it helps to talk about living arrangements, especially if you have children.

2. Filing for Divorce
You (or your solicitor) complete a divorce application online or by post. You need to have been married for at least one year. The application asks for details about both parties and the marriage.

3. Service of Application
The court sends the divorce application to your spouse (the respondent). They are given a chance to respond and confirm they have received it.

4. Acknowledgement of Service
Your spouse must respond to say they have received the application. If they agree, the process can move forward. If they do not respond, there are further steps to keep things moving.

5. Conditional Order
Once the court is satisfied that the legal requirements are met, they issue a conditional order (previously known as a decree nisi). This means the court agrees you are entitled to a divorce but the marriage is not yet legally ended.

6. Financial Arrangements and Child Arrangements
It is best to sort out money, property, and arrangements for any children during this stage. This may include discussions, mediation, or going to court if you cannot agree.

7. Final Order
Six weeks and one day after the conditional order, you can apply for the final order (previously known as a decree absolute). Once this is granted, the marriage or civil partnership is legally over.

Glossary of Common Divorce Terms

Applicant
The person who starts the divorce proceedings.

Respondent
The spouse who receives the divorce application.

Conditional Order
A document from the court stating that you are entitled to a divorce, but the divorce is not yet final.

Final Order
The legal document that officially ends the marriage or civil partnership.

Decree Nisi
The old term for a conditional order.

Decree Absolute
The old term for a final order.

Child Arrangements Order
A court order that sets out where a child will live and when they will spend time with each parent.

Property Adjustment Order
A court order that decides how property, such as the family home, will be shared or transferred after divorce.

Pension Sharing Order
A court order that divides pension savings between you and your ex partner.

Spousal Maintenance
Regular payments made by one spouse to the other to help with living costs.

Child Maintenance
Regular payments made by the parent who does not live with the child most of the time to help cover the cost of raising the child.

Mediation
A process where a trained professional helps you and your ex partner reach agreement on things like money or children without going to court.

Clean Break
A financial settlement that means neither person can make further financial claims against the other in future.

Consent Order
A legal document that sets out what you have agreed about money or property, which is approved by the court.

Disclosure
Sharing full details of your finances with your ex partner, usually as part of reaching a financial settlement.

Form E
A financial statement form used in England and Wales to set out your income, assets, debts, and expenses.

Next
Next

Parenting Through Divorce: Protecting Your Family’s Financial Future