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How To Prepare For A Divorce

Preparing for a divorce in England and Wales means understanding the no-fault process under the Divorce, Dissolution and Separation Act 2020, gathering full financial information, and making early arrangements for children and housing. The process takes a minimum of 26 weeks from application to Final Order. Taking legal advice at Smalleys Solicitors as early as possible, particularly given recent changes to terminology, timelines, and mediation requirements, gives you the best chance of protecting your position throughout.

Key Points

  • Since 6 April 2022, the Divorce, Dissolution and Separation Act 2020 has governed divorce in England and Wales: applications replace petitions, applicants replace petitioners, and neither spouse needs to prove fault.
  • At least 20 weeks must pass after the divorce application is issued before a Conditional Order can be sought; the full process takes at least 26 weeks.
  • Before applying to court for a financial order or a Child Arrangements Order, you must attend a MIAM; since April 2024, exemptions from that requirement are harder to claim.
  • Assembling full details of all matrimonial assets, including pensions, at the earliest stage gives you the strongest foundation for negotiating a financial settlement.
  • Courts will decide arrangements for children under the Children Act 1989 if parents cannot agree; parental agreement, recorded in a consent order, is nearly always preferable.

Divorce is one of the most significant legal and financial events a person faces, and preparation from the outset makes a material difference to both the process and the outcome. Since 6 April 2022, when the Divorce, Dissolution and Separation Act 2020 came into force, neither spouse needs to prove fault: one or both simply state that the marriage has broken down irretrievably. The old terminology, divorce petition and petitioner, has gone; the process now involves a divorce application made by an applicant, or jointly by both spouses as joint applicants.

The No-Fault Divorce Process and Timelines

Under the Divorce, Dissolution and Separation Act 2020, the divorce application is submitted to the family court, either online or on paper, together with a statement that the marriage has broken down irretrievably. That statement cannot be contested by the respondent on its merits. If one spouse declines to participate, the applicant can proceed as a sole applicant; there is no longer a defended divorce on the ground of irretrievable breakdown.

Once the court issues the application, a mandatory 20-week period must pass before the applicant can apply for a Conditional Order (formerly the decree nisi). This period is built into the Divorce, Dissolution and Separation Act 2020 and applies to every case without exception. After the Conditional Order is pronounced, a further minimum of six weeks and one day must pass before an application for the Final Order (formerly the decree absolute) can be made. The Final Order is the document that legally ends the marriage.

This means that divorce proceedings take approximately 26 weeks from issue to Final Order, with additional time for court processing at each stage. Courts consistently advise against applying for the Final Order until all financial matters have been resolved, because doing so too early can affect certain pension and inheritance rights.

Suppose a couple in Nottingham decide to divorce in June 2026. They submit a joint application. The 20-week period runs until late October 2026, at the earliest, before they can apply for a Conditional Order. Their Final Order cannot follow until mid-December 2026 at the earliest, and that assumes no delays and no outstanding financial proceedings.

Gathering Financial Information Early

Taking legal advice early from a solicitor experienced in divorce and civil partnership dissolution is the single most valuable step you can take. A solicitor can help you understand what the court will consider when dividing assets, what outcomes are realistic, and what documents you need before any negotiation begins.

The financial information you need to gather includes:

  • Details of all matrimonial assets: properties, savings, investments, business interests, and pensions.
  • A full list of all debts: mortgages, loans, and credit cards.
  • Evidence of income and expenditure for both parties, current and anticipated.
  • Details of your immediate and longer-term financial needs, particularly if you have dependent children.

Pensions are frequently the largest asset after the family home and among the most complex to value and divide. Early specialist advice on pension sharing or pension attachment orders can prevent costly mistakes.

Consider the legal structure of any jointly owned properties. In England and Wales, property held as joint tenants passes automatically to the surviving co-owner on death; property held as tenants in common does not. Severing a joint tenancy may be appropriate once proceedings begin, and wills frequently need updating at the same time; the family law team at Smalleys can advise on the intersection between divorce and estate planning.

Once separation becomes likely, monitor joint accounts to ensure assets are not dissipated without your consent. A dated record of financial transactions, communications, and key decisions can prove invaluable if disputes arise.

Mediation, MIAM, and the 2024 Rule Changes

Before applying to court for any financial order or any order about your children, the Family Procedure Rules 2010 require you to attend a Mediation Information and Assessment Meeting (MIAM) with an authorised family mediator. The MIAM is not the same as mediation itself: it is an initial meeting at which a mediator explains the mediation process and assesses whether your dispute is suitable for it.

Since 29 April 2024, when the Family Procedure (Amendment No. 2) Rules 2023 came into force, the exemptions from the MIAM requirement have been tightened. The domestic abuse exemption now uses the language of “domestic abuse” throughout, aligned with the Domestic Abuse Act 2021, and evidence must be submitted with the application rather than provided later. The urgency exemption now requires “significant” financial hardship, not merely “unreasonable” hardship as before. The disability and availability exemptions require proof that online or video attendance is impossible and that five authorised mediators within 15 miles (up from three) have been contacted; that evidence must accompany the application.

Courts now have explicit power under Family Procedure Rules 2010 rule 3.10 to direct a party who has not validly claimed an exemption to attend a MIAM and to adjourn proceedings in the meantime. Parties in private law children proceedings and contested financial remedy proceedings must also file Form FM5, setting out their views on non-court dispute resolution. Failure to engage without good reason can lead to adverse costs orders.

Where mediation is appropriate and safe, it offers a less adversarial and usually faster route to resolution. If your situation involves domestic abuse concerns, you may qualify for an exemption, but take legal advice on how to evidence that claim correctly.

Arrangements for Children

If you have children, their welfare is the court’s paramount concern under section 1 of the Children Act 1989. The old concept of “custody” no longer applies in English law. Courts now make Child Arrangements Orders, which specify who the child lives with and when, and who the child spends time with. These orders can also address other forms of contact, including telephone and video calls.

Courts strongly prefer arrangements that parents have agreed between themselves, provided those arrangements are in the child’s best interests. Agreed arrangements can be reflected in a consent order, which gives them legal force. Where agreement is not possible, court proceedings under the Children Act 1989 are available, though they should be a last resort given both the time involved and the effect that protracted litigation can have on children themselves.

Children generally benefit from consistency and stability during the disruption of family breakdown. Think carefully, and early, about where they will live, how schooling and routine will be maintained, and how both parents will remain meaningfully involved in their lives where it is safe and appropriate to do so.

Protecting Your Mental Health

Divorce is, by any measure, an emotionally demanding process. The legal steps described above run alongside personal adjustment that takes real time and support. Building a network of trusted friends, family, or professional counsellors before and during proceedings is not an indulgence; it is a practical measure that helps you engage more clearly with the legal process and make better decisions.

Your children’s emotional wellbeing deserves the same attention. Children of all ages are affected by parental separation, and professional support through school, a GP, or a specialist counsellor can make a real difference.

Frequently Asked Questions

Can I be refused a divorce under the new law?

No. The Divorce, Dissolution and Separation Act 2020 removed the ability to contest a divorce on the ground of irretrievable breakdown. A divorce can still be challenged on narrow technical grounds, such as jurisdiction or the validity of the marriage, but a respondent’s objection to the divorce itself carries no legal weight.

How long does a divorce take?

At a minimum, 26 weeks: 20 weeks before a Conditional Order can be applied for, then a further six weeks and one day before the Final Order. Court processing times and unresolved financial proceedings frequently extend this. The Final Order should not be applied for until all financial matters are settled.

Do I have to go to mediation before going to court?

You must attend a MIAM before applying to court for a financial order or a Child Arrangements Order unless a recognised exemption applies under the Family Procedure Rules 2010. Since April 2024 the exemptions are narrower and evidence must be submitted with the application. Attending a MIAM does not commit you to mediation; it is an information and assessment meeting.

What happens to the family home during divorce?

The family home is part of the overall financial settlement and its treatment depends on a range of factors: whether it is in joint or sole names, the needs of both parties and any children, the overall asset pool, and the length of the marriage. Options include one party buying out the other’s share, a deferred sale pending children completing education, or an immediate sale with proceeds divided. Taking legal advice at the outset helps you understand what outcome is realistic.

What if my spouse and I agree on everything?

Reaching agreement saves both time and cost, and is the preferred outcome. Any financial agreement should be recorded in a consent order approved by the court; an informal agreement, even in writing, is not legally binding. A solicitor can draft the consent order and ensure it is in a form the court will approve. For advice tailored to your own situation, speak to Smalleys Solicitors in Arnold, Nottingham.

About the Author

This article was written by Graham Neil, Solicitor in the Family Law Department at Smalleys Solicitors. Graham has more than twenty years’ experience in family law and is an accredited specialist with Resolution, the national organisation of family lawyers committed to a constructive, non-confrontational approach to family disputes. His practice covers all aspects of divorce, financial remedies, and child arrangements, including complex financial cases and sensitive disputes involving children. Smalleys Solicitors is regulated by the Solicitors Regulation Authority under SRA number 639164.