Applying for divorce is an important step towards legally ending a marriage. However, submitting the application is only the beginning of the process. There are several stages to complete before the divorce is finalised, and understanding what happens next can help reduce uncertainty during an already difficult time.
Knowing what to expect after applying for divorce can help you prepare for the legal process, manage important decisions and ensure that financial and family arrangements are properly considered. Being aware of the relevant timescales and requirements can also help you plan ahead and avoid unnecessary delays.
What Happens After the Divorce Application Is Submitted?
Once a divorce application has been submitted, the court will check the information provided and, if everything is in order, issue the application. The application will then be formally recorded and the divorce process can begin.
Where a sole application has been made, the court will usually send a copy to the other spouse, who is known as the respondent. They will normally be required to acknowledge receipt of the application within 14 days of receiving it.
If the application has been made jointly, both spouses will participate in the process and receive the relevant notifications. It is important to respond to any requests from the court and ensure that the information provided remains accurate throughout the proceedings.
Does My Spouse Have to Agree to the Divorce?
Under the no-fault divorce system in England and Wales, a spouse does not need to agree to the divorce for it to proceed. The application is based on a statement that the marriage has broken down irretrievably, rather than requiring either party to prove fault.
The circumstances in which a divorce can be disputed are very limited. A spouse cannot prevent the divorce simply because they do not want the marriage to end.
If the respondent does not acknowledge the application, additional steps may be necessary to establish that the documents have been properly served before the divorce can progress. Although this can cause delays, a lack of cooperation will not usually prevent the marriage from being legally ended.
How Long Does the Divorce Process Take?
There is a minimum waiting period of 20 weeks between the date the divorce application is issued and the point at which the applicant can apply for a conditional order.
This period provides an opportunity for both parties to consider practical arrangements, including financial matters and arrangements for any children. It can also be used to obtain legal advice, exchange financial information and begin discussions about a settlement.
Once the conditional order has been made, there is a further minimum waiting period of six weeks and one day before an application can be made for the final order.
Although the divorce process generally takes at least six months, it can take longer depending on the circumstances of the case and how quickly each stage is completed.
What Is a Conditional Order?
A conditional order is the court’s confirmation that there is no legal reason why the divorce cannot proceed. It was previously known as a decree nisi.
The conditional order does not legally end the marriage. Both parties remain married until the final order has been granted.
This stage is often an important opportunity to ensure that financial arrangements have been considered before the divorce is finalised. Where a financial settlement has been agreed, a consent order can generally be submitted for court approval after the conditional order has been made.
What Happens to Finances and Child Arrangements?
Divorce proceedings do not automatically resolve financial matters or determine arrangements for children. Issues involving the family home, pensions, savings, maintenance and other assets may need to be addressed separately.
Where financial agreement can be reached, it should usually be formalised through a court-approved consent order to provide legal certainty and reduce the risk of future claims. If agreement cannot be reached, either party may be able to apply to the court for a financial remedy order.
Parents are also encouraged to agree suitable arrangements for their children wherever possible. These may include where the children will live, how much time they will spend with each parent and how important decisions about their upbringing will be made.
If agreement cannot be reached, mediation, solicitor-led negotiation or court proceedings may be necessary. Any decisions made by the court about child arrangements will focus on the welfare of the children involved.
When Is the Divorce Finalised?
The marriage legally ends when the court grants the final order, previously known as the decree absolute. Once the final order has been made, both parties are legally divorced and free to remarry.
However, obtaining the final order does not automatically bring financial claims to an end. It is therefore important to consider whether financial matters should be resolved before applying for the final order, particularly where pensions or other significant assets are involved.
Finalising the divorce before addressing financial arrangements can have important consequences in certain circumstances. Seeking legal advice before applying for the final order can help ensure that your financial position and longer-term interests are properly protected.
Key Considerations
Understanding the stages of divorce can help both parties prepare for the process and avoid unnecessary complications. Although the divorce itself may be relatively straightforward, financial arrangements and decisions involving children often require careful consideration.
It is important to keep track of the relevant timescales, respond to court correspondence and consider any outstanding financial matters before the divorce is finalised. Seeking early legal advice can help ensure that important issues are addressed and that appropriate arrangements are put in place for the future.
We Can Help
Divorce can involve difficult decisions about your finances, property and family arrangements. Our family law specialists can guide you through each stage of the process, explain your legal options and help you reach fair and practical arrangements that protect your future.
If you have applied for divorce or are considering ending your marriage, contact us to discuss your next steps.
