The Key Stages of Divorce and The Divorce Timeline

In this article, we outline the key stages of divorce in England and Wales, along with a typical timeline.

If you are about to go through a divorce, one of the first things you might want to know is how long it takes and what the legal process will look like. The divorce timeline can feel confusing at first, especially if you have never dealt with the family courts before. When you add in any extra considerations, such as the divorce finanical settlement, negotiations about who gets the family home, or arrangements for children, things can feel even more unclear.

The Modern Divorce Process in England and Wales

Since April 2022, divorce law in England and Wales has been based on a “no-fault” system. This means that you no longer have to have grounds for divorce and a need to blame your spouse or prove anyone did anything wrong, such as adultery or unreasonable behaviour. Thankfully, this also means the process is slightly more predictable, but it does still take some time.

Even in the simplest cases, there is a minimum divorce timeline set by law. This is designed to give both you and your soon-to-be ex-spouse time to reflect and make practical arrangements.

Stage One: Deciding To Divorce and Getting Prepared

The first of the stages of divorce happens before any forms are filed. This is the point where you decide that the marriage is over and start gathering information.

At this stage, it is sensible to think about:

• Your finances, including income, savings, pensions, and debts
• Any property you own together or separately
• Arrangements for children, including where they will live and how often they will see each parent

A lot of people come into this stage with some fairly scary assumptions, such as thinking everything will automatically be split down the middle, that one person will be left financially exposed, or that starting divorce means they won’t see their children. In reality, the law is far more nuanced than that, and getting early advice often helps to calm these fears.

You may want to view our section on Preparing for Divorce.

Stage Two: Making The Divorce Application

The formal divorce process begins when one or both spouses apply for divorce by filling in a form called a D8 form. This is done online through the court system.

You can apply:

• On your own, known as a sole application
• Together with your spouse, known as a joint application

The application confirms that the marriage has irretrievably broken down. There is no need to explain why. There is a £612 fee to make this application (this fee was correct at the time of writing. To check the current fee please visit the governemnet website: Fees In the Family and Civil Courts

Once the application is issued by the court, the divorce timeline officially starts.

Stage Three: The 20 Week Reflection Period

After the application is issued, there is a compulsory 20-week waiting period before you can move to the next stage. This applies even if the divorce is completely amicable.

This period is sometimes misunderstood. It is not a delay caused by paperwork or court backlogs. It is written into the law.

During these 20 weeks, you are expected to use the time to sort out practical matters. This includes the divorce financial settlement and arrangements for children. You can negotiate directly, use family law mediation, or work through solicitors.

But even if everything is agreed early on, you still have to wait for the 20 weeks to pass before moving forward. Just in case you want to change your mind!

Stage Four: Applying for the Conditional Order

Once the 20-week period has ended, you can apply for the Conditional Order. This used to be called the Decree Nisi.

The Conditional Order is the court’s confirmation that there is no legal reason why the divorce cannot proceed. It does not end the marriage, but it is an important milestone in the stages of divorce.

In a sole application divorce, only the person who applied can move things forward to the Conditional Order. If they do not do so, the other spouse may need to bring the existing application to an end and start the process afresh, which means the divorce timeline effectively starts again.

Where the divorce is a joint application, either party can apply for the Conditional Order once the time comes.

In straightforward cases, this stage is usually administrative and does not involve a hearing. The court reviews the paperwork and, if everything is in order, issues the Conditional Order.

Stage Five: The Final Order and Legal End of The Marriage

Six weeks and one day after the Conditional Order is granted, the person who made the divorce application (or either party, if it was a joint application) can apply for the Final Order. This was previously known as the Decree Absolute.

The Final Order is what legally brings the marriage to an end. Only once this is granted are you officially divorced.

Only the original applicant can apply for the Final Order, at least at first. But if they do not take that step, the other spouse is not stuck indefinitely. The respondent can apply themselves, but only if three months have passed since the first date the applicant could have applied for the final order.

A Typical Divorce Timeline for An Amicable Divorce

For a non-contested, amicable divorce with no complications, the divorce timeline usually looks like this:

• Divorce application issued by the court
• 20-week reflection period
• Application for Conditional Order
• Six weeks and one day waiting period
• Application for Final Order

In real terms, the shortest possible divorce timeline is usually around six and a half months. It can be longer if there are delays with paperwork or disagreements over finances or children.

Finances, Property and The Impact on Timing

When people talk about divorce taking longer than expected, finances are usually the reason. The divorce itself only ends the marriage. It does not deal with money, pensions post divorce, or property, and those things have to be sorted separately.

Unless there is a Financial Order in place, financial claims can stay open, even years later. That is why this part of the process matters, even in friendly separations.

Property, especially the family home, often needs a bit more time. Decisions about whether a property is sold, kept, or transferred are not just legal questions. They depend on things like affordability, mortgage options, and timing. While you can legally finalise a divorce before property issues are resolved, most people prefer to deal with everything together so there are no loose ends.