Overview
A divorce ends a marriage legally, but it does not automatically answer every question that follows separation. Many clients want a straightforward explanation of what the process now looks like, how long it takes, and what issues sit outside the divorce itself.
Since 6 April 2022, divorce in England and Wales has been no-fault. That means you no longer need to rely on adultery, behaviour or periods of separation to obtain a divorce. The aim of the reform was to reduce unnecessary conflict and help couples focus on practical decisions about children, property and finances.
Key Legal Considerations
Under Matrimonial Causes Act 1973, s 1, either one spouse or both spouses may apply for a divorce order on the ground that the marriage has broken down irretrievably.
The application must include a statement that the marriage has broken down irretrievably, and the court must treat that statement as conclusive evidence.
The court cannot make the conditional order unless the applicant or applicants confirm they wish the application to continue, and that confirmation cannot be given until 20 weeks from the start of proceedings have passed.
The divorce order cannot be made final until at least 6 weeks after the conditional order.
An application for divorce may not generally be made within the first year of marriage under Matrimonial Causes Act 1973, s 3.
Divorce does not itself resolve financial claims, although financial orders can be sought on or after the making of the divorce order under Matrimonial Causes Act 1973, ss 23–24B.
What Factors Are Usually Considered?
A practical divorce plan usually involves these separate strands:
- Status: ending the marriage itself.
- Finances: property, savings, pensions, maintenance and debt issues.
- Children: practical arrangements are separate from the divorce process.
- Timing: deciding when to move from application to conditional order and from conditional order to final order.
The above information is intended for general guidance only. Every dispute involves different legal and factual circumstances. Early legal assessment, evidence review and strategic planning are often critical to achieving a successful outcome. Contact Alstern Solicitors for advice tailored to your specific circumstances.
Common Mistakes or Risks
- Treating divorce as purely administrative when finances remain unresolved.
- Assuming agreement on divorce means agreement on money.
- Applying for final order without considering the financial position.
- Not taking early advice if there are pensions, businesses or property issues.
- Believing the other spouse can force the old fault-based approach.
Case Study from Alstern Solicitors
Background
A client wanted a simple explanation of divorce after a long marriage and assumed they needed to set out blame in detail.
Challenge
The client was anxious about conflict and did not realise that the law had changed.
How We Assisted the Client
We explained the no-fault process, the timetable, the one-year bar, and the separation between the divorce itself and the financial issues.
Outcome
The client understood the process clearly, approached the case in a less confrontational way, and was able to plan the next steps more effectively.
What Happens If You Choose the Wrong or Inexperienced Solicitor?
You may receive:
- outdated advice about fault;
- poor guidance about timing the final order;
- inadequate planning on financial claims;
- avoidable delay and extra cost;
- a more confrontational process than the law now requires.
How Can Alstern Solicitors Help?
Given the complexity and evolving nature of family law, choosing the right legal adviser is an important decision. Alstern Solicitors is proud to be a trusted law firm regulated by the Solicitors Regulation Authority (SRA) in England and Wales.
We are committed to the highest standards of professionalism, integrity and client care. We provide clear legal advice, transparent fees and practical solutions tailored to each client's circumstances.
Our clients benefit from:
- Strict confidentiality
- Full compliance with UK law
- Transparent fee structures
- Efficient case management
- Professional support throughout the process
We take the time to understand each client's situation and provide practical guidance designed to protect their interests and help them move forward with confidence.
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