
January is often dubbed ‘Divorce Month’ because the start of a new year prompts many couples to reflect on their relationship and make tough decisions about their future together. If your relationship has been strained or turbulent for some time, unresolved issues may have been brought into sharper focus by the pressures of the festive period.
Ending a marriage is not a decision that anyone takes lightly. It takes a lot of thought and courage to make the difficult decision to divorce and start a new chapter in your life.
Although emotionally difficult, the legal process of divorce has undergone significant improvements over the last five years. Administratively, it is now much simpler and far less confrontational than it used to be.
At Hibberts Solicitors, we have helped countless couples and families across Nantwich, Crewe, Tarporley, and wider Cheshire to navigate the divorce process. Our family law and divorce solicitors provide a simple and compassionate service, guiding you through each stage to make a daunting process less stressful. We also offer a fixed fee if the divorce proceeds uncontested helping you to manage and budget for the legal costs.
In this guide, we’ll explain how the UK divorce process works in 2026 and provide a step-by-step timeline, so you know exactly what to expect at each stage.
What are the grounds for divorce in the UK?
Before no-fault divorces were introduced in April 2022, couples had to prove one of five grounds to divorce, such as adultery, desertion, or unreasonable behaviour. This usually meant placing blame on one person for the breakdown of the relationship, increasing conflict and making a difficult situation even more emotionally charged.
Since April 2022, there has been no need to place blame when getting a divorce in England or Wales. There is now only one ground for divorce, and that is that the marriage has irretrievably broken down. You no longer need to explain or prove the reasons behind why you want to get a divorce.
What is a no-fault divorce in the UK?
In England and Wales, all divorces are now no-fault divorces.
The new no-fault divorce process introduced in April 2022 helped to end the blame game and reduce conflict during divorce. With no requirement to give any other reason for divorce than that the marriage has broken down irretrievably, the process is now much more straightforward, allowing couples to focus on the practical steps involved in ending their marriage and planning for the future.
Who is eligible to get divorced in the UK?
Before starting the divorce process, you should check that you are eligible for a divorce. To be eligible, the following three points must all be true.
If you tick all these boxes, then you can start your application for divorce. Please contact our divorce solicitors here at Hibberts Solicitors for personalised advice and support with applying for a divorce and to discuss our fixed fee divorce package.
What can I do if I haven’t yet been married for 12 months?
If you’ve been married for less than a year, then you cannot get a divorce yet.
However, you may be able to apply for separation or annulment instead.
How long does it take to get a divorce UK?
Getting a divorce can be emotional and stressful, so it’s not surprising that most people want to get it done as quickly as possible. However, it’s a big decision and often requires a lot of careful planning and negotiation to settle finances and decide child arrangements. For these reasons, the process includes a couple of mandatory reflection periods, to give the couple time to reflect on their decision and make practical arrangements before the divorce is complete.
The timeline for a divorce in the UK is usually a minimum of 6 months, but if delays or disputes are involved, the process can stretch on for over a year.
A step-by-step guide to the divorce process UK
Applying for a divorce is a big step. It marks the end of one chapter in your life and the start of a new one. It’s understandable to feel nervous about the process, but understanding how it works and what to expect can help make sure things run smoothly and reduce anxiety.
We’ve created this step-by-step timeline of the UK divorce process to help you prepare.
Divorce stages timeline UK
Step 1: Decide whether you’re making a joint or sole divorce application.
One of the big changes that no-fault divorces introduced in April 2022 was the option for couples to make a joint application for divorce. If the divorce is amicable, making a joint application can help things run more smoothly. However, if you and your spouse are not on good terms, a sole application allows you to proceed independently. We can advise you further in this regard.
Step 2: Fill out and send your application for divorce
Contacting a solicitor to support you with the process can avoid errors and delays. A divorce solicitor can be particularly helpful if you have complex finances or if you and your spouse are not on amicable terms and communication is difficult. A fee of £612 is payable to the Court on submission of the Application. It is important the Prayer section of the divorce application is completed correctly to avoid potential issues in resolving financial matters as a result of the breakdown of the marriage.
Step 3: Service of divorce papers.
If you make a joint application for divorce, then this step does not apply. If you applied for the divorce on your own, then your spouse will be formally notified of your application and receive a copy of the divorce papers, usually by post. This is known as the service of divorce papers. Once they have received the divorce papers, they should respond within 14 days to either accept or dispute the application.
Step 4: The 20-week reflection period.
Next, there is a mandatory 20-week reflection period, during which the couple can reflect on their decision and discuss finances and child arrangements. If they have difficulty communicating effectively or reaching a mutually acceptable outcome, then they can also use this time to arrange mediation to help resolve issues constructively.
Step 5: Apply for the Conditional Order.
After waiting 20 weeks, you can apply online for a Conditional Order (previously called the Decree Nisi). The court will then review your application, which can take several weeks. If the court finds no reason why you should not get divorced, you will be sent a Conditional Order certificate. This document confirms that the court sees no legal reason why the divorce should not proceed. Once the order has been granted, a 43-day (6-week) cooling-off period begins.
Step 6: Negotiate a Financial Settlement and Consent Order.
This cooling-off period is typically used to make important practical arrangements. At this point, you can apply to the court to approve your Financial Consent Order. This is a legally binding document that finalises how your assets, debts, and income will be divided after the divorce. This document plays a very important part in ending future financial ties and claims. Legal advice should definitely be taken as unless you have a clean break Consent Order then you and your former spouse can still make financial claims against each other even when you are divorced. Please contact our family law team for further advice.
Step 7: Negotiate child arrangements.
If children are involved, you should also use this time to discuss child arrangements, including living arrangements, contact schedules, and holiday arrangements. If needed, you can also now apply to the court for a Child Arrangements Order.
Step 8: Apply for the Final Order.
Once the cooling-off period has ended, you can apply for the Final Order (previously called the Decree Absolute). The court will then check your application and approve the Final Order. The Final Order is usually approved within 1 or 2 days. You will both receive official documentation that confirms that your marriage has now legally ended.
Do I need a solicitor to get divorced?
While it is possible to go through with a DIY divorce, it may not be the best option for you. Divorces can be messy and upsetting, and a solicitor can provide compassionate, straightforward, and unbiased advice and support, helping to reduce conflict and stress. If you’re not on good terms with your spouse, then a solicitor can also communicate with them on your behalf and represent you in court if needed.
At Hibberts, our team of family law solicitors have supported countless people throughout Cheshire with applying for divorce, negotiating a Financial Consent Order, and mediating child arrangements. Our divorce solicitors will support you throughout every step of the process, working tirelessly to keep things moving along smoothly and ensure you achieve the best possible outcome.
For sympathetic, practical advice, or to start an application for divorce, contact our team of divorce solicitors in Cheshire by calling 01270 624 225, emailing enquiries@hibberts.com, or filling out an enquiry form online.