Divorce in England and Wales — Complete Guide
Divorce in England and Wales is now "no fault" under the 2020 Act. You apply online, wait 20 weeks for the conditional order, then negotiate a financial settlement and consent order before applying for the final order that ends the marriage.
Everything in This Cluster
The Divorce Timeline — How Long Does It Take?
File divorce application online (gov.uk/apply-for-divorce)
Application served on respondent. Respondent has 14 days to acknowledge service.
Earliest you can apply for the conditional order (formerly decree nisi).
Conditional order granted. Start negotiating financial settlement.
File consent order (D81 + draft order). Court reviews and approves.
Apply for final order (formerly decree absolute). Marriage legally ended.
Financial Settlement — How Assets Are Divided
There is no automatic 50/50 split in English divorce law. The court has wide discretion under section 25 of the Matrimonial Causes Act 1973. The overriding objective is to achieve a fair outcome, with the welfare of any children as the first consideration.
Section 25 factors the court considers:
Legal basis: Matrimonial Causes Act 1973, section 25 — legislation.gov.uk
Form E — Financial Disclosure
Form E is the financial statement both parties must complete in financial remedy proceedings. It is a sworn document — you sign a statement of truth confirming the information is accurate. Providing false information is contempt of court.
All properties owned, mortgages, valuations
Bank accounts, savings, investments, shares
Any business ownership or directorship
All pension schemes and their cash equivalent transfer values (CETVs)
Employment income, self-employment, benefits, rental income
Your outgoings, housing needs, and future financial requirements
Download Form E: gov.uk/government/publications/form-e-financial-statement
Consent Order — Making Your Agreement Legally Binding
A consent order converts your financial agreement into a legally binding court order. Without one, either party can make financial claims against the other in the future — even years after the divorce. It is one of the most important documents in any divorce.
Warning: Do not apply for the final order (decree absolute) before you have a financial order in place. Once the final order is granted, you lose the right to claim against your spouse's estate if they die. Always sort finances first.
GOV.UK guide: gov.uk/money-property-when-relationship-ends
How to Get Divorced in England and Wales — Step by Step
Apply for divorce online
Apply for divorce on GOV.UK (gov.uk/apply-for-divorce). Under the Divorce, Dissolution and Separation Act 2020, divorce is now "no fault" — you do not need to prove grounds. The application fee is £593.
Receive the conditional order
After 20 weeks from the start of proceedings, you can apply for a conditional order (formerly decree nisi). This confirms the court sees no reason why you cannot divorce.
Negotiate financial settlement
Before applying for the final order, negotiate a financial settlement with your spouse. Disclose all assets using Form E. Consider mediation to reach agreement without court proceedings.
Draft and file a consent order
If you reach agreement, draft a consent order setting out the financial terms. File it at court with a D81 (statement of information). The court will approve it if it considers it fair.
Apply for the final order
Apply for the final order (formerly decree absolute) 6 weeks and 1 day after the conditional order. Do not apply until you have a financial order in place — otherwise you lose important financial protections.
Implement the order
Once the final order is granted, implement the financial settlement — transfer property, split pensions, close joint accounts. Keep copies of all court orders.
Need Help With Your Divorce?
CourtCraft Advocate provides AI-powered support for divorce proceedings — from Form E preparation to consent order drafting and McKenzie Friend support at financial remedy hearings.
Get Divorce Support at CourtCraft Advocate →No solicitor needed. Get started in minutes.
Frequently Asked Questions
What is a consent order in divorce?
A consent order is a legally binding court order that records the financial agreement reached between divorcing spouses. It covers the division of assets, property, pensions, and maintenance. Without a consent order, either party can make financial claims against the other in the future, even after divorce.
What is decree absolute?
Decree absolute (now called the "final order" under the Divorce, Dissolution and Separation Act 2020) is the final stage of divorce that legally ends the marriage. You can apply for it 6 weeks and 1 day after the conditional order (formerly decree nisi). You must have a financial order in place before applying.
What is Form E in divorce proceedings?
Form E is the financial statement used in financial remedy proceedings. Both parties must complete it, disclosing all assets, income, liabilities, and financial needs. It is a sworn document — providing false information is contempt of court.
How is a financial settlement calculated in UK divorce?
There is no fixed formula. The court considers factors under section 25 of the Matrimonial Causes Act 1973, including: the welfare of any children, each party's financial resources and needs, the length of the marriage, contributions made, and standard of living. The starting point for long marriages is often a 50/50 split.
Do I need a solicitor to get a consent order?
No, but it is strongly recommended. You can draft a consent order yourself, but the court will scrutinise it to ensure it is fair. CourtCraft Advocate can help you prepare the documentation. A solicitor should at minimum review the final order before you sign.