This note explains the practical legal steps for obtaining a divorce in England and Wales, and highlights common ancillary issues including finances, children and international jurisdiction. It is prepared for readers based in, or dealing with matters connected to, England and Wales and referenced to our London office at Holborn Gate, 330 High Holborn, London, WC1V 7QH, England.

Overview and recent change

Divorce in England and Wales follows a court process leading to a Decree Nisi and then a Decree Absolute. Since the introduction of no‑fault divorce in 2022, parties can apply without alleging unreasonable behaviour or adultery. The procedure separates the formal marital dissolution from financial remedy proceedings and child arrangements, which may be concurrent but are distinct in law.

Key procedural stages and timescales

Typical stages are:

• Application: one or both parties file a divorce application online or by paper to HM Courts & Tribunals Service (HMCTS).
• Acknowledgement and conditional order: the court issues an initial acknowledgement and, if satisfied, pronounces a conditional order (formerly Decree Nisi).
• Final order: after a statutory waiting period (minimum 20 weeks from application to conditional order under the current no‑fault regime) the applicant may apply for the final order (Decree Absolute) to bring the marriage to an end.

Timescales vary depending on whether there are contested issues, applications for urgent relief, or parallel financial remedy proceedings.

Financial remedies and children

Financial and property matters are not automatically resolved by the divorce itself. Parties should seek a financial order (consent order or court‑made order) to settle capital division, ongoing maintenance and pensions. Without a financial order, a party retains potential claims against the other even after the Decree Absolute.

Where children are involved, the court’s paramount consideration is the child’s welfare. Parental responsibility, residence and contact (now referred to as child arrangements) can be agreed by consent and recorded in a court order, or decided by the court following a welfare assessment. Consider early negotiation or mediation to reduce cost and delay.

Practical checklist

• Confirm jurisdiction and which country’s law applies if one or both parties live abroad.
• Gather documents: marriage certificate, evidence of date of separation, financial disclosure (bank statements, property deeds, pension information).
• Consider mediation or other alternative dispute resolution before issuing or defending proceedings.
• Agree interim arrangements for children and finances, and record them in writing or seek an urgent court order if necessary.
• Apply for a consent order to crystallise financial agreements; obtain legal advice before sealing it with the court.

Cross‑border and urgent issues

Where assets or parties are overseas, issues of jurisdiction and enforcement arise. The UK is party to a number of international instruments (for example, Hague Conventions) and has established rules on recognition and enforcement. Urgent relief (such as freezing orders or protective injunctions) can be sought from the family court; early legal advice is essential to preserve assets and protect children.

Jurisdiction and sources

• GOV.UK — Apply for a divorce (England and Wales)
• HM Courts & Tribunals Service
• Legislation: Family Procedure Rules and relevant statutes (legislation.gov.uk)
• Hague Conference on Private International Law (for cross‑border matters)

For Scotland or Northern Ireland the procedural rules and terminology differ; this note is concerned with England and Wales only.

General information only; not legal advice and not a substitute for advice on a particular matter.