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INSIGHTS

Introduction

  • Divorce ends a marriage; dissolution ends a civil partnership.

  • You can apply solely or jointly. The core legal steps are the same: Application → Conditional Order → Final Order. 

  • There’s a mandatory reflection period of 20 weeks from issue of the application before you can seek a conditional order; you then wait a further 6 weeks and 1 day before applying for a final order (for dissolution, GOV.UK states 6 weeks). 

  • The divorce/dissolution process does not sort out money or child arrangements automatically — those are separate matters. If you want your financial agreement to be legally binding, you must apply for a consent order (with supporting D81 disclosure). 

  • Current HMCTS application fee is £612 (set by the court service), with help with fees available for those on low income/benefits. 

Who this guide is for

Anyone considering ending a marriage or civil partnership in England & Wales, whether you need a calm walkthrough of the steps, clarity on timings, or reassurance on costs. (Rules differ in Scotland and Northern Ireland.)

Key terms in plain English

  • Applicant / Joint Applicants – The person applying alone, or both partners applying together. Joint applications were introduced with the no‑fault reforms and can help reduce friction. 

  • Respondent – The other party in a sole application; they must acknowledge service (normally within 14 days of receipt). 

  • Conditional Order – The court’s confirmation that the legal threshold to end the marriage/partnership is met (previously decree nisi). You can apply after 20 weeks from issue of your application. 

  • Final Order – The document that legally ends the marriage/partnership (previously decree absolute). For divorce, you wait 6 weeks and 1 day after the conditional order; for dissolution, 6 weeks. 

  • Consent Order – A court‑sealed order that makes your financial agreement legally binding; submitted with Form D81 (financial disclosure). 

  • MIAMMediation Information & Assessment Meeting: a legal pre‑court step (with limited exemptions) if you later need to ask the court to decide children or financial issues. 

The process, step by step

  1. Check you’re eligible: You must have been married (or in a civil partnership) for at least one year and believe the relationship has irretrievably broken down. 

  2. Choose sole or joint application: You can apply on your own or together. Joint applications often keep the tone constructive; you can convert to a sole application later if cooperation breaks down. 

  3. Apply online (fastest) or by post: Use GOV.UK’s service or Form D8. HMCTS charges a court fee (currently £612). If you’re on a low income/benefits or have limited savings, you may qualify for Help with Fees. 

  4. Service & Acknowledgement: In a sole application, the court serves your spouse/partner, who typically has 14 days to return the Acknowledgement of Service (Form D10) confirming receipt and stating whether they intend to dispute (rare under no‑fault). 

  5. The 20‑week reflection period: From the date the court issues your application, the law builds in 20 weeks before you can ask for a Conditional Order. This time is there for reflection and to make progress on parenting and financial arrangements. 

  6. Apply for the Conditional Order: Once the 20 weeks have passed (and service/acknowledgement issues are sorted), you ask the court for a Conditional Order. The court checks the papers and lists it to be made.

  7. Final Order: After the Conditional Order is made, you must wait at least 6 weeks and 1 day (divorce) or 6 weeks (dissolution) to apply for the Final Order, which legally ends the marriage/partnership. If the sole applicant doesn’t apply promptly, the other party can usually apply after an extra 3 months. 

Children and finances are separate (and important)

  • Children – Most families reach arrangements without court. If you can’t agree, you’ll usually need to attend a MIAM before applying for a Child Arrangements Order. 

  • Finances – Your financial claims do not automatically end when the marriage/partnership does. To make your agreement binding and enforceable, apply for a Consent Order with Form D81 disclosure (the court’s fairness check). GOV.UK expressly cautions that if you want a legally binding arrangement for money and property, you must apply before the Final Order. 

Common pitfalls (and how we prevent them)

  • Finalising the divorce before finances are settled – This can affect rights (e.g., certain benefits or pension arrangements). We’ll time your Final Order to protect your position and submit the Consent Order/D81 in good time. 

  • Service difficulties – Missing addresses or unreturned acknowledgements create delay. We plan service routes in advance and use the appropriate court methods where needed. (HMCTS also offers bailiff service for a fee.) 

  • Document errors – Mismatches between names and the marriage/civil partnership certificate are a frequent cause of rejections; we pre‑check everything.

Timelines in real life

The statutory minimum is 20 weeks + 6 weeks and 1 day (plus admin time). In practice, a straightforward case takes around 6–8 months; complex finances or overseas service can extend this. 

How we help (and what it costs)

  • One‑hour, in‑depth consultation: £150 – tailored advice, clear next steps, no obligation.

  • Flat‑fee divorce management: £500 + VAT + court fee – best‑in‑class representation for a transparent, fixed rate.

  • Transparent, upfront fees for all services – including fixed‑fee options across family matters.

(Court fee is set by HMCTS and is currently £612.) 

We’ll shoulder the paperwork, keep you updated at each milestone, and coordinate the Consent Order/D81 process so your financial agreement is protected.

Sevenoaks

01732 207 207

Gravesend

01474 324 529

Manak Solicitors is a trading name of Manak Lawyers Limited registered at Companies’ House in England & Wales Company Number: 09877015

Manak Lawyers Limited is authorised and regulated by the Solicitors Regulation Authority under SRA No. 627738, 628462, 648124 & 8009629.

Manak Lawyers Limited does not accept service by fax or email.