Divorce Process in England: Legal Steps and Costs in 2025

Navigating the divorce process in England in 2025 involves understanding the legal steps, potential costs, and the emotional and practical considerations that come with ending a marriage. Whether you’re contemplating separation or are already in the midst of proceedings, this comprehensive guide outlines the key stages, terminology, and expenses associated with divorce in the UK. With recent legal reforms and the continued impact of digitalization on family law, it’s more important than ever to stay informed.

What is Divorce?

Divorce is the legal termination of a marriage. In England and Wales, the divorce process in England is governed by family law statutes and regulations. It legally ends the union between spouses and addresses matters such as asset division, child arrangements, and financial support. As of 2022, the UK introduced a “no-fault divorce” system, fundamentally changing how divorces are initiated and processed.

The Legal Grounds for Divorce in 2025

Under the no-fault divorce law, introduced by the Divorce, Dissolution and Separation Act 2020 and implemented in 2022, couples are no longer required to assign blame to one another. This reform has streamlined the divorce process in England, making it more amicable and less confrontational.

Now, the only requirement is a statement of irretrievable breakdown of the marriage. This can be filed individually or jointly, eliminating the need for evidence of adultery, unreasonable behaviour, or desertion.

Step-by-Step Divorce Process in England

1. Confirm Eligibility

To begin the divorce process in England, you must:

• Be legally married for at least one year
• Have a permanent residence in England or Wales
• Provide proof of the irretrievable breakdown of the marriage

2. Submit a Divorce Application

You can apply for divorce online through the HMCTS (Her Majesty’s Courts and Tribunals Service) portal or by post. As of 2025, most applicants prefer the online method due to its speed and convenience.

3. Application Types: Sole or Joint

• Sole application: One spouse files for divorce.
• Joint application: Both spouses file together.

Joint applications are increasingly common in the divorce process in England, reflecting a collaborative approach to separation.

4. Court Review and Notification

The court will review the application. If everything is in order, the other party (respondent) is notified and has 14 days to acknowledge receipt. There are limited grounds to contest a divorce under the no-fault system.

5. Conditional Order

Previously known as the decree nisi, the conditional order is a legal acknowledgment from the court that the divorce can proceed. This occurs a minimum of 20 weeks after the application is first submitted, allowing time for reflection and potential reconciliation.

6. Final Order

Six weeks after the conditional order is granted, you can apply for the final order (formerly decree absolute). This legally ends the marriage.

Key Legal Terms in the Divorce Process

Understanding legal jargon can simplify the divorce process in England:

• Applicant: Person applying for the divorce
• Respondent: The other spouse
• Conditional Order: Preliminary court approval for divorce
• Final Order: Official end to the marriage
• Financial Consent Order: Court-approved agreement on financial settlements

Costs Involved in the Divorce Process in England

1. Court Fees

As of 2025, the court fee to file a divorce application is £593. This fee applies whether it is a sole or joint application.

2. Legal Advice and Representation

While you can file for divorce without a solicitor, many choose legal support for issues such as:

• Financial settlements
• Child arrangements
• Complex asset division

Solicitor fees vary widely, but a basic uncontested divorce may cost between £500 and £1,500 in legal fees. Complex cases involving assets or custody disputes can cost significantly more.

3. Mediation Costs

Mediation is often encouraged or required before court involvement in financial or child-related disputes. Costs can range from £80 to £150 per hour, depending on location and provider.

Financial Settlements and Asset Division

In the divorce process in England, financial matters are dealt with separately from the actual divorce. Reaching a fair financial settlement is crucial and can be formalized through a Financial Consent Order.

Assets considered in a settlement include:

• Property and real estate
• Pensions
• Savings and investments
• Debts and liabilities
• Business interests

Courts aim for a fair division, taking into account factors such as the length of the marriage, earning capacity, and needs of any children.

Child Arrangements

If children are involved, the divorce process in England also addresses:

• Who the children will live with
• Visitation schedules
• Financial support obligations

Parents are encouraged to reach agreements independently or through mediation. If that fails, a Child Arrangements Order from the court may be necessary.

Timeline of the Divorce Process

• Week 1: Application submitted
• Week 3: Acknowledgment of service (if sole application)
• Week 20: Conditional Order issued
• Week 26: Final Order granted

The minimum time for a straightforward divorce is approximately 26 weeks.

Recent Legal Reforms Impacting Divorce in 2025

1. Digitalization of Services

The move toward fully online applications has transformed the divorce process in England, making it faster and more accessible. In 2025, nearly all divorce applications are managed digitally.

2. Increased Use of Mediation

Courts now encourage alternative dispute resolution (ADR) methods like mediation to reduce the burden on the legal system.

3. Changes in Legal Aid Availability

Legal aid is limited but may be available for domestic abuse survivors or those in financial hardship. Always check current eligibility criteria.

Common Mistakes to Avoid

1. Not seeking legal advice: Particularly important for financial and child matters
2. Ignoring deadlines: Delays can prolong the process
3. Overlooking pensions: Pensions are often a major asset in settlements
4. Using children as leverage: This can have legal and emotional consequences

DIY Divorce vs. Solicitor-led Divorce

• DIY Divorce: Suitable for amicable splits with no complex assets or child issues
• Solicitor-led Divorce: Recommended for contested cases or when financial and legal stakes are high

Online platforms offer guided divorce packages, which may cost between £100 and £500, depending on the level of support.

FAQs About the Divorce Process in England

Q1: Can I get a divorce without my spouse’s consent?
Yes. Under the no-fault system, mutual consent is not required.

Q2: How long does the divorce process in England take?
The minimum duration is about 26 weeks, but it may take longer if financial or child-related issues arise.

Q3: Do I need to attend court?
Usually not, unless there are disputes over finances or child arrangements.

Q4: Is mediation mandatory?
It is not mandatory for the divorce itself but may be required before applying to court for financial or child arrangement orders.

Conclusion

The divorce process in England in 2025 has become more streamlined, transparent, and accessible, thanks to legal reforms and digital innovation. Understanding each stage—from filing to final order—as well as the associated costs and legal implications, empowers individuals to navigate the process more confidently. Whether pursuing a sole or joint application, involving children or not, it’s essential to approach divorce with a clear plan, proper support, and informed decision-making.

If you’re considering divorce or currently facing it, consulting with a family law solicitor can provide invaluable guidance tailored to your situation. By staying informed and proactive, you can make the divorce process in England as smooth and fair as possible.