Understanding your legal rights during divorce: A simple guide
There is a reason that they say that divorce falls within the top five most stressful life events. Deciding to proceed with a divorce is not always easy, particularly if the process seems overwhelming!
If you’re considering or going through a divorce in England or Wales, it’s crucial to understand your legal rights and the steps involved. This guide offers a straightforward overview of what you need to know to navigate the process with confidence.
1. Grounds for Divorce
In April 2022 the law in England and Wales changed to allow “no-fault” divorce. This means you no longer need to prove wrongdoing by your spouse (such as adultery or unreasonable behaviour) to satisfy the Court of your entitlement to a divorce. Instead, you simply need to state that the marriage has broken down irretrievably.
Key changes:
- Either spouse can apply for a divorce, or both can apply jointly.
- There’s a minimum 20-week reflection period from the start of the process before the conditional order (formerly “decree nisi”) is granted.
2. The Divorce Process
Here’s a simplified overview of the steps:
Filing the Application
You can do this online via the government website, either jointly with your spouse, or you can file your own application. The person applying for the divorce is known as the “applicant”. The fee is currently £612 (as at June 2025), however you can complete a Help with Fees form (EX160) if you believe you may be entitled to a fee reduction.
Service of the Application
If the application is not made jointly, the other party must be formally notified. They will be known as the “respondent”.
Acknowledgement of Service
The respondent acknowledges receipt of the application and indicates whether they intend to dispute the divorce. The respondent can only dispute the divorce if the court does not have jurisdiction to deal with the case, the marriage is not valid or the marriage has legally ended. The respondent cannot simply disagree with the divorce, as they could pre-April 2022.
Conditional Order
After the 20-week period, the court will grant the Conditional Order.
Final Order (formerly “decree absolute”)
At least 6 weeks (and one day!) after the conditional order, the applicant can apply for the final order, which legally ends the marriage. In most cases, the applicant will be advised to delay applying for the Final Divorce Order, until such time as the financial matters have been resolved.
3. Financial Settlements
Dividing the matrimonial assets is usually the most time-consuming and complex part of a divorce. The law aims to achieve a fair outcome, and whilst the starting point is that the assets are divided equally, the Court will look at various factors to determine whether an equal division would actually be fair. Factors considered include:
- The welfare of any relevant children
- The length of the marriage
- Both parties’ income, earning capacity, property, and other assets
- Financial needs and responsibilities (e.g., housing, children)
- Contributions to the family (including non-financial, like raising children)
- Standard of living during the marriage
- Any health conditions which affect a party’s financial needs or ability to earn
- In rare cases, serious or gross misconduct, if it would be unfair for the Court to ignore it
These factors always need to be considered when reaching an agreement. Once an agreement has been reached, we strongly advise that you obtain a Consent Order approved by a court, even if you reach an informal agreement, to make the settlement legally binding.
Final Thoughts
Knowing your legal rights helps you make informed decisions, protect your future, and hopefully avoid unnecessary conflict.
Whether you’re at the beginning of the process or need some help progressing matters to the next stage, Leonard Gray would be happy to assist you. We advise on all matters relating to relationship breakdown so please reach out for a free 20-minute consultation with one of our friendly team!
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The author: Devon McNamara
