Q: How do I start a divorce in England and Wales?
You begin by applying to the court (using Form D8) and declaring that your marriage has irretrievably broken down. Most people apply online via the court portal, although you can also submit a paper application. The current court fee is £593.

Q: What if I want to apply by myself or jointly with my ex-spouse?
You can apply as a sole applicant, or you and your ex-partner can apply as joint applicants. If you receive a divorce application from your spouse, you are known as the respondent in the legal process.

Q: What happens after the divorce application is submitted?
The respondent is sent both the divorce application and an Acknowledgement of Service form, which must be returned to the court within 14 days. Quick return of these documents can help speed up the process, but court workload and the respondent’s cooperation also affect timings.

Q: Can the divorce application be contested?
Yes, it is possible to dispute the proceedings, but reasons for doing so are typically limited to issues surrounding the validity of the marriage or whether the wedding was conducted according to correct legal procedures.

Q: What is a conditional order in divorce?
A conditional order is a document stating that the court sees no reason to prevent the divorce. Sometimes referred to as the “first stage” of the process, it signifies that the judge is satisfied the marriage has broken down irretrievably.

Q: How do I apply for a conditional order?
Once your divorce application (including Form D84, if needed) and the respondent’s Acknowledgement of Service are received, the judge reviews them. Provided everything is in order, you and your ex-spouse are sent a “Certificate of Entitlement,” which details the date your conditional order will be granted.

Q: Is there a cooling-off period?
Yes, you must wait 20 weeks after the court issues the application before the conditional order can be pronounced. This period gives both parties time to finalise arrangements, particularly around finances and child issues.

Q: When does the marriage officially end?
Six weeks after the conditional order is granted, you can apply for a final order, which legally dissolves your marriage or civil partnership. Remember to keep your final order, as you may need it if you remarry or revert to a previous name.

Q: Should I finalise financial arrangements first?
Yes. It is strongly recommended to reach a financial settlement and have it approved by the court (via a consent order) before applying for the final order. If more than 12 months pass after the conditional order, you must explain the delay to the court.

Q: What is a dedicated divorce centre?
Previously, divorce petitions were filed with local county courts. Now, divorce applications are processed at regional divorce centres. There are 11 such centres in England and Wales, ensuring a more centralised approach.

Q: How long does a financial settlement take?
Resolving finances typically takes 6–12 months, depending on the complexity. Once an agreement is reached, it should be legally formalised by applying to the court for a financial order, creating a clean break that prevents future claims.

Q: What if we need to agree child arrangements?
You and your ex-partner should attempt to reach an amicable agreement on living arrangements and contact. Court intervention should be a last resort, and in all cases, the welfare of the children is paramount.

Q: What is a Child Arrangement Order?
This legal agreement replaces older terms such as “Child Contact,” “Custody Orders,” or “Residence Orders.” It states where a child lives (residence), who they spend time with (contact), and any conditions around that contact.

Need Further Help? Contact HM & Co. Solicitors
Address: 186 Lower Road, Surrey Quays, London SE16 2UN
Telephone: 02071128180
Email: info@hmsolicitorsltd.com

Our experienced team can guide you through each stage of divorce, ensuring you understand your rights and options—whether finalising finances, arranging child care, or applying for a final order.