posted 27th July 2023
The No Fault Divorce Process Step by Step
England and Wales has a no fault system of divorce. Neither party needs to blame the other, so the old grounds of adultery, unreasonable behaviour and separation no longer apply.
The terminology changed at the same time. What used to be the Decree Nisi is now the Conditional Order. What used to be the Decree Absolute is now the Final Order.
The stages
- The application is made by one party, or jointly by both
- Where one party applies, the other receives a copy along with an acknowledgement of service to complete and return to the court
- A minimum wait of 20 weeks follows. This is intended to allow time for reflection and to agree arrangements for any children and the financial settlement
- After the 20 weeks the applicant can apply for the Conditional Order
- The court reviews the application and issues a Certificate of Entitlement, confirming the date the Conditional Order will be issued
- The Conditional Order is issued
- A minimum wait of six weeks and one day follows. This period allows the application for the financial consent order to be submitted to the court
- After the six weeks the applicant can apply for the Final Order
- The court issues the Final Order, which legally ends the marriage and allows either party to remarry
For straightforward cases with no delays, the whole process takes a minimum of around six to seven months.
What the 20 weeks is actually for
Most people treat it as dead time. It is the most useful part of the process.
That is the window in which to sort out the financial settlement: gather the figures, request pension valuations, negotiate terms. Couples who use it arrive at the Conditional Order with a settlement ready to submit. Couples who do not are still at the beginning.
Pension valuations in particular take months, so requesting them at the start of the 20 weeks rather than the end can save a great deal of time later.
Do not rush to the Final Order
This is the step where people cause themselves difficulty.
Most professionals in this area advise not applying for the Final Order until the financial consent order has been made. Once the marriage has legally ended, both parties stop being spouses, and certain claims and entitlements can go with that status.
Where a pension is being shared, the general advice is to wait 28 days from the date the order was approved before applying for the Final Order.
The divorce and the finances are separate
The process above ends the marriage. It does nothing about the money.
Dividing the property, savings, pensions and debts requires a financial consent order, which is a separate application running alongside the divorce.
Get in touch for a free initial consultation.
