Divorce Solicitors

Q: What is the difference between the conditional and final order?

The conditional order (formerly decree nisi) confirms there is no legal reason the marriage cannot be dissolved. The final order (formerly decree absolute) legally ends the marriage. Many solicitors advise against applying for the final order until financial matters are agreed and recorded in an approved consent order.

Q: Do finances resolve automatically when a divorce is granted?

No. Without a formal financial order, claims between former spouses can remain live for years after the final order, though some can be lost on remarriage. A consent order, agreed by both parties and approved by the court, is the most common way to resolve and finalise financial matters.

Q: What are the costs of getting divorced?

The court fee for a divorce application is currently £6628 (as of 13th July 2026). Legal costs for the divorce itself are relatively minimal and can often be handled on a fixed fee basis. Higher costs typically arise from resolving financial matters or children's issues, particularly if proceedings become contested.

Q: Do both spouses have to agree on finances before the divorce is finalised?

No, but reaching a financial settlement recorded in a binding consent order before the final order is strongly advisable. Without this, claims between former spouses can remain open indefinitely, creating ongoing uncertainty for both parties.

Q: Is mediation compulsory before starting divorce proceedings?

Mediation is voluntary and not required for the divorce application itself. However, anyone applying to court for a financial order or Child Arrangements Order must generally first attend a Mediation Information and Assessment Meeting (MIAM) under section 10 of the Children and Families Act 2014.

Q: Does it matter who files for divorce first?

No. Under the no-fault regime, the applicant receives no better outcome on financial or children matters, which are resolved separately. The applicant does take on administrative responsibility for progressing the application and more control over the timetable.

Question 1

Can one spouse prevent the other from getting a divorce?

Answer

Under the Divorce, Dissolution and Separation Act 2020, one spouse cannot block a divorce because they don’t agree. The only way to prevent a divorce is if they can satisfy the court that either the marriage was not valid or the English Courts should not have jurisdiction to deal with the divorce There is no requirement to prove fault, nor is there a need to obtain the other party's consent. A sole applicant file a statement of irretrievable breakdown, and the court treats that statement as conclusive. A respondent can apply to delay the divorce from being made final until financial matters are resolved in some circumstances but cannot prevent the divorce from being issued or its eventual conclusion. Legal advice is recommended if you have any concerns as to the other party’s willingness in relation to the divorce.

Question 2

Do both spouses have to agree on finances before the divorce is finalised?

Answer

Both spouses do not have to agree financial matters before the final order of divorce is made, but reaching a financial settlement and having this recorded into a legally binding consent order before applying for the final order is strongly advisable. Without a financial order, claims between former spouses can remain open indefinitely (some can be lost on remarriage, and delay can adversely affect claims in some circumstances), leaving both parties in ongoing uncertainty. Getting a financial settlement right, and in place at the right time, is one of the most important things a good family solicitor helps you achieve. Even if you don’t have any assets to resolve you still have legal claims against the other spouse which, unless dismissed by way of an Order, remain open leaving a risk of future claims if one spouse’s circumstances improve and the others do not.

Question 3

Do finances resolve automatically when a divorce is granted?

Answer

Finances do not resolve automatically on divorce. As a married couple you have legal claims over the other and without a formal financial order, claims between former spouses can remain live for years after the final order is made (but can in some cases be lost on remarriage) Where there is a divorce, it is advised that you should have an Order to resolve financial matters and your financial claims which is made alongside the divorce proceedings to give you certainty and finality. That Order would set out what will happen to your assets and your claims. A consent order is the most common outcome for financial matters: both parties agree to the terms, and the court approves the document provided the conditional order has been granted, making it binding and enforceable. If you cannot agree what will happen then an outcome can be imposed through formal proceedings (either Court or Arbitration) which would then be recorded into an Order. People often think that where there are no assets if they simply get divorced this will be the end of everything, but it is not. Even if you don’t have any assets to resolve you still have legal claims against the other spouse which, unless dismissed by way of an Order, remain open leaving a risk of future claims if one spouse’s circumstances improve and the others do not. In those circumstances and where neither spouse wishes to make a claim against the other it is still normally recommended that an Order is made which formally dismisses those claims (known as a clean break).

Question 4

Does it matter who files for divorce first?

Answer

Under the no-fault regime introduced by the Divorce, Dissolution and Separation Act 2020, the legal outcome is not affected by who files the application and the applicant does not get any better outcome in relation to financial or children matters as they are resolved separately and with appropriate consideration to the law that applies to those matters. In a divorce the applicant takes on the administrative responsibility for progressing the application and is more in charge of the timetable (in some cases the respondent can apply to move matters forward if the applicant does not, but legal advice should be taken as it is not the same as the applicant applying). In a joint application, both parties share that role equally.

Question 5

How long does divorce take in England and Wales?

Answer

The Divorce, Dissolution and Separation Act 2020 sets a statutory minimum of 26 weeks from the date of application to the earliest point at which a final order can be made. A 20-week waiting period must pass from issue of the divorce application before you can apply for the conditional order, and a further minimum of six weeks and one day before the applicant can apply for the final order. In practice, court processing times mean the process often takes longer. Financial settlements run on a separate timeline and frequently take longer than the divorce itself and it is normally advised to delay obtaining the final order of divorce until finances are fully resolved. You should take legal advice as to your particular circumstances before any applications are made.

Question 6

Is mediation compulsory before starting divorce proceedings?

Answer

Mediation is never compulsory as it is a voluntary process. Whilst it is not required for a divorce application itself, a person seeking to make an application to Court for a financial Order or a Child Arrangements Order, subject to limited exceptions, is firstly required to attend a Mediation Information and Assessment Meeting (MIAM under section 10 of the Children and Families Act 2014 The MIAM is simply an information session where a trained mediator will give you information as to the process of mediation, assess with you whether it would be suitable and provide information as to other processes available to resolve disputes. Whether to proceed to mediation is entirely your decision. We can guide you through this step and help you understand which approach best suits your circumstances.

Question 7

What does divorce involve under the current law?

Answer

Since 6th April 2022, divorce in England and Wales has operated under the Divorce, Dissolution and Separation Act 2020. Fault has been removed entirely. One spouse, or both jointly, files a divorce application which includes a statement of irretrievable breakdown, and the court must treat that statement as conclusive evidence that the marriage has broken down. The other spouse (respondent) Acknowledges the application and process moves through two formal stages: a conditional order and a final order. Finances are handled separately but should be considered alongside divorce and must be resolved by a court-approved consent order to be binding on both parties.

Question 8

What is the difference between the conditional and final order?

Answer

The conditional order (formerly the decree nisi) is the court's confirmation that there is no legal reason why the marriage cannot be dissolved. The final order (formerly the decree absolute) is the document that legally ends the marriage. Many solicitors advise against applying for the final order until financial matters are agreed and recorded in an approved consent order, because timing the final order incorrectly can affect certain financial claims and a spouse's entitlement to inherit under intestacy.

Question 9

When should you contact a divorce solicitor?

Answer

The earlier you seek advice, the better placed you are to protect your position. Contacting a solicitor before any applications are filed and before financial decisions are made is particularly important if there are children, a family business, pensions, property, or any concern that a spouse may attempt to move or conceal assets. A solicitor can advise you on protective steps before any damage is done or it is too late.