Divorce is not something anybody plans for. It’s an emotional and potentially devastating event that can feel like being forced into a new life you didn’t ask for.
Above all else though, it’s a journey and as with any journey, it’s going to feel better at the destination and the first steps are always going to be the most important. Getting those first steps right can feel overwhelming, but understanding the basics can help you regain a sense of control and make better decisions early on.
Understanding the new no-fault divorce law
As of April 2022, divorcing in England and Wales is more straightforward thanks to the introduction of no-fault divorce. The law no longer requires one spouse to blame the other for the breakdown of the marriage.
Instead, the only requirement is a statement that the marriage has irretrievably broken down. This change removes the need to cite specific reasons like adultery or unreasonable behaviour, which means there’s hopefully going to be much less in-fighting and a greater chance for a truly amicable split.
Initiating the divorce application
Getting started begins with completing a divorce application, which can be done online through the official government site. You can apply alone or together with your spouse as joint applicants. The process involves a court fee of £593, though you may be eligible for help with costs depending on your income. A key feature of the new law is the 20-week reflection period.
This is a built-in waiting period after the application is issued and before you can apply for a conditional order (formerly the decree nisi). It’s designed to give both parties time to consider their decision and make necessary arrangements, especially if children or financial matters are involved.
Addressing financial matters and children’s arrangements
While the legal process of divorce is now simpler, sorting out finances and children’s arrangements remains complex. These issues are handled separately from the divorce application but are often tackled at the same time.
You’ll need to agree on how to divide assets, deal with debts, and decide on any ongoing financial support. If you have children, you’ll need to make arrangements for where they will live and how contact will be managed. Reaching agreements through negotiation or mediation can help avoid court, but in more complicated situations, working with experienced divorce solicitors can ensure your rights are protected and that the arrangements are fair.
Exploring support and next steps
Divorce is a deeply emotional process. Support is available, and taking advantage of it can make a real difference. Family mediation helps couples communicate more effectively and reach mutual agreements without going to court. You can find qualified professionals through the Family Mediation Council, and in some cases, legal aid may be available to cover costs.
You might also benefit from counselling or other forms of emotional support. Separation is a life change, and having the right people in your corner can help you manage it with more clarity and less stress.