A Guide to Divorce in 2025

Divorce can obviously be one of the most important events in a person’s life. It can also be one of the most emotional. It is therefore essential that anyone contemplating divorce be fully informed of what it involves, and how to ensure the best possible outcome. In this short guide we will outline the steps involved in getting a divorce in 2025, what other matters need to be considered, how to prepare for the process, and the best ways to achieve the outcome you seek.

We will begin with the process of the divorce itself.

Divorce – The law

As most people will be aware, we now have a no-fault divorce system in England and Wales. It is not therefore necessary to attribute blame for the breakdown of the marriage, for example by showing that the other party has committed adultery, or behaved unreasonably.

Nor is it necessary to show that you and your spouse have been separated for a certain period of time.

This divorce guide outlines that the basic law in relation to divorce is therefore quite simple: you just have to show that the marriage has broken down irretrievably. And the way that you do that is by filing with the court a statement that the marriage has irretrievably broken down – the court must accept the statement as proof of irretrievable breakdown (if one party states that the marriage has irretrievably broken down the other party cannot challenge this).

There is one other legal point that you may need to be aware of: an application for divorce may not be made before the expiration of one year from the date of the marriage. So if your marriage breaks down soon after the wedding you may have a short wait before you can untie the knot.

Divorce – The procedure

This divorce guide explains the three-stage process, comprising the application, the conditional divorce order, and the final divorce order. We will look at each of these in a little more detail.

The divorce application is begun by completing a divorce application form. The application can be made online or by post. The application form includes the statement that the marriage has irretrievably broken down, as mentioned above.

Importantly, the application can be made by one party to the marriage or by both parties jointly. A joint application should always be considered, as this can reduce the chance of unnecessary animosity, which in turn may make it easier to agree matters relating to children and finances. Obviously, a joint application will require both parties to complete and sign the application form.

Once the form has been completed it will need to be filed online or sent to the court, together with the original marriage certificate or a certified copy, proof of your name change if you’ve changed it since you got married, and the fee, which is currently £593. If you are on benefits or have a low income you may be able to get help with the fee.

Once the application has been filed nothing can be done until twenty weeks have elapsed since from the start of the proceedings. The applicant (or applicants, if it is a joint application) may then confirm to the court that they wish the application to continue. The court will then make a conditional divorce order.

After six weeks have elapsed from the conditional order the party or parties in whose favour the conditional order was made may give notice to the court that they wish the conditional order to be made final. When the court receives the notice it will make the conditional order final if it is satisfied that there is no reason not to do so.

The whole divorce process will take about seven months. However, if there are financial matters outstanding (see below) it is usually advisable not to finalise the divorce until those matters have been dealt with.

Arrangements for children

The divorce itself will often not be the only matter to be considered following a marriage breakdown. If there are dependent children the parties will need to sort out arrangements for them, and if there are financial matters to be resolved they will have to be dealt with.

We will now look at arrangements for children.

Obviously, divorce involves the separation of the parents. They will therefore need to make arrangements as to where the children will live following the separation. The children can live with one parent, or share their time with both. If they live with one parent then arrangements will need to be made for them to have contact with the other parent.

Arrangements may also need to be made regarding other matters relating to the children, such as holiday arrangements and schooling.

The most important thing to bear in mind when making arrangements is that it is far better to sort them out by agreement between the parents, rather than have the court impose arrangements upon the parents and the children.

If the parents are able to discuss matters directly between themselves then they can agree arrangements that way. Otherwise, it may be possible to reach agreement by using non-court dispute resolution, for details of which see below.

This divorce guide highlights that if parents can sort out children’s arrangements by agreement, then it should not be necessary to involve the court at all, but obviously if it is simply impossible to reach agreement then the court can be asked to decide the matter. But such contested court proceedings can be very time-consuming, stressful, and expensive.

The good news regarding court proceedings concerning arrangements for children is that in some areas of the country the courts are now using a new ‘problem-solving’ approach, which puts the children first, and can resolve issues very quickly. It is likely that more courts will be adopting this approach as time goes on.

Sorting out finances

Financial and property matters will need to be sorted out, usually before the divorce goes through. These can include what is to happen to the former matrimonial home, how other assets are divided, what maintenance arrangements should be put in place, if any, and how pensions should be divided.

Again, the parties should try to resolve these matters by agreement, if necessary using non-court dispute resolution.

But if they can’t agree, then they can ask to court to sort out financial arrangements, by making a ‘financial remedies’ application.

When such an application is made the parties will need to tell the court everything about their finances, including the value of any assets and pensions, their income, their outgoings, and their debts.

And the court will require proof of all of these things, which means that the parties will need to collate many relevant documents, such as payslips, bank statements, utility bills, and so on. The process of gathering these documents should start as soon as possible.

As to how the court will decide what orders to make on a financial remedies application, there is not room in this guide to go into the details. However, there are some general principles that can be stated.

Firstly, there is no formula to decide who has what when it comes to dividing matrimonial assets. The assets will not, for example, automatically be divided equally. The court has a wide discretion as to what orders it may make, having regard to all of the circumstances of the case.

In most cases the most important factor will be the needs of the parties and the children. Needs include in particular housing needs and income needs. Thus, for example, if one party is to look after the children then they will need somewhere for them to live, and it may therefore be appropriate for them to remain in the former matrimonial home, at least until the children are no longer dependent.

If, on the other hand, both parties have similar needs then it may be appropriate for the assets to be divided equally between them.

Non-court dispute resolution

We have mentioned ‘non-court dispute resolution’ above. Non-court dispute resolution has been available for many years, but in 2025 it is even more important than ever, particularly as the court will now actively encourage the parties to engage in it.

Non-court dispute resolution includes such things as mediation, collaborative law, and arbitration.

There are many advantages to non-court dispute resolution, including getting a quicker and cheaper resolution to matters that cannot be agreed – contested court proceedings can be extremely slow and expensive.

And in the case of mediation and collaborative law, a successful outcome can not only mean avoiding having to go to court but also that you have an outcome that you want, rather than that someone else imposes upon you.

Conclusion

As we said at the outset, divorce can be one of the most emotional events in a person’s life. But it doesn’t have to be driven by confrontation and animosity. By following tips from this divorce guide, such applying for the divorce jointly and using non-court dispute resolution, it can be a far more amicable, and therefore less stressful, experience.

And knowing what to expect will also help make the process as smooth as possible. As with so many things in life, preparation is key. This applies both from a practical and an emotional point of view.

This divorce guide is obviously no more than a brief introduction. In every case, expert legal advice should be sought, at the earliest possible stage. If it is then the parties will not only be better prepared they will also have a better understanding of likely outcomes, making it more likely that they will be able to sort out matters by agreement, thereby avoiding the stress of contested court proceedings.