If you're facing the end of a marriage, understanding how to start divorce proceedings is key. With the introduction of ‘no-fault’ divorce in England and Wales, the process has become more streamlined, however the emotional and financial implications remain complex.
Our guide below walks you through the critical steps you will need to take as a separating couple, from assessing eligibility to receiving the final order, to ensure you can take the next step in life's journey with confidence.
What is the first step to start divorce proceedings?
The first step before starting divorce proceedings is to check that you can get a divorce in the first place. You can get divorced in England or Wales if all the following are true:
- You’ve been married for over a year,
- Your relationship has irretrievably broken down,
- Your marriage is legally recognised in the UK (including same-sex marriage).
Once your Divorce Application has been submitted to the court the divorce proceedings have been issued.
What information and documents are required when starting a divorce?
When preparing a divorce application, you will be required to confirm details from your marriage certificate including the date of the marriage, names of the parties, and whether the marriage took place in the UK or not. You will need to upload a copy of your marriage certificate for the court.
You must also indicate the reasons why the English courts have jurisdiction to hear the divorce.
When applying for divorce, you must also confirm whether you intend to apply for a financial order for either yourself or yourself and the children of the marriage.
What are the main stages of the divorce process?
Once the divorce application is submitted, the respondent in the divorce must acknowledge service of the application within 14 days of the day after they are served with the application.
Once the application is deemed served, and after 20 weeks from service of the application has passed, the applicant can file an application for a conditional order. This confirms the applicant has established that the marriage has irretrievably broken down.
Six weeks and one day after the Conditional Order is pronounced, the applicant can apply for a Final Order. Once a Final Order is made, the marriage will be at an end.
Practical Considerations Before You File
Why is it important to take legal advice before you start divorce proceedings?
Taking legal advice before starting divorce proceedings is important because it helps you understand your rights on divorce, avoid costly mistakes, and make informed decisions about finances and arrangements for children.
Our solicitors can guide you throughout the divorce process, explain likely outcomes and protect your financial position. They can reduce stress and help you approach the divorce with clarity and confidence.
What financial preparations should I make before beginning the divorce process?
Before a divorce begins, it would be helpful to gather and organise all your bank statements and keep on top of your monthly outgoings including household bills, food, children, entertainment and other expenses.
It is important to gain an accurate picture of your monthly outgoings so you can get a picture of what your income needs will be following divorce.
You should make sure that you have your own bank account and keep an eye on any joint accounts for unusual withdrawals or charges.
How soon after separation can I realistically start proceedings?
Under section 3 of the Matrimonial Causes Act 1973, an application for divorce cannot be made before the expiration period of one year from the date of the marriage. Once one year has passed, you are entitled to apply for divorce at any time after separation.
What are the differences between starting a divorce online and using a solicitor?
Commencing a divorce online can be done, however, without engaging the expertise of a solicitor there is a higher risk of mistakes and parties overlooking financial claims and agreeing to unfair settlement terms.
If you do not have a Consent Order in place, then you leave yourself open to financial claims from your ex-spouse both now and in the future.
Strategic Decisions That Could Shape Your Divorce
Can the way I start divorce proceedings affect the financial settlement?
When applying for divorce, the parties will confirm whether they intend to apply for a financial order. If you answer yes, then financial proceedings are commenced by way of separate application, and you are able to apply for a broad range of orders.
Your application remains live even after the marriage is legally at an end, and you are not prevented from making a claim for a lump sum or property adjustment order should you remarry.
If you answer no, then you will only be able to apply for a lump sum or property adjustment order once the marriage is at an end, but only if you have not remarried.
How do our solicitors handle situations where a spouse refuses to engage with the divorce process?
If your spouse ignores the divorce application and refuses to acknowledge service of the application within the 14-day time period, you will need to provide evidence that they have been served with the application.
As Solicitors, we can use a process server or other court-approved method to prove service. Once service is proven, the divorce application can proceed whether or not the spouse engages.
If a spouse is not engaging with the financial process and you cannot come to an agreement voluntarily, then we will need to make an application to court on your behalf.
Is there an advantage to being the one who starts divorce proceedings first?
The person who starts divorce proceedings is the ‘applicant’, and the other, the ‘respondent’. It is the applicant who declares that the marriage has irretrievably broken down.
The respondent is only able to dispute the proceedings on very limited grounds. They cannot otherwise challenge the assertion that the marriage has irretrievably broken down and defend the divorce proceedings.
Beyond the Divorce Application: What Comes Next?
How long does it typically take from starting divorce proceedings to obtaining the final order?
In total, the divorce proceedings usually take 6 months to conclude but each case may vary.
What issues need to be resolved alongside the divorce?
It is important to resolve financial matters alongside the divorce and before a Final Order is made. This is because of the potential loss of widows/widower benefits, inheritance and pension rights on divorce which you may wish to preserve until those issues are dealt with in the final financial Order. This means that the divorce proceedings can sometime take as long as it takes to resolve the financial issues.
If there are children of the marriage, then it is also important to make arrangements for the children i.e. where the children will live, how time will be divided and maintenance.
Why is applying for a financial order so important when starting a divorce?
Applying for a financial order is important because divorce alone does not end the financial ties between you and your former spouse. Even after a Final Order is made and the marriage is at an end, either spouse can still make a financial claim against the other spouse unless there is a court-approved financial order.
How does mediation fit into the process?
Mediation runs alongside the divorce process and is encouraged to help parties resolve financial and child-related issues without the need to go to court. Mediation can begin at any stage and parties are expected to attempt mediation first before making any applications to court.
However, mediation may not be suitable in every situation and if it doesn’t succeed you can still go to court.
Contact our divorce solicitors
Our solicitors know that divorce is not just a legal process, it’s a life-changing event that requires careful planning and informed decision-making. Understanding how to start divorce proceedings is the first step towards securing your future, both emotionally and financially.
Our experienced family lawyers provide bespoke legal advice tailored to your circumstances, guiding you through every stage with discretion, and care. Contact us today to start your divorce proceedings with confidence.
Key Contact
Simon Magner Mawdsley
Partner | Head of Family Law
Described by clients as "an excellent listener, open and engaging", "exceptional", "reassuring" and "insightful", Simon acts for a range of clients in all aspects of relationship breakdowns including divorce, resolution of financial matters, civil partnerships, cohabitation disputes, pre- and post-marital agreements, injunctions, and children matters.
