The Divorce Process

What to expect: the legal process for divorce or dissolution

If you’re thinking about divorce, one of the first things I usually say to clients is this: understanding the process early makes everything feel far more manageable. It helps you plan, reduces uncertainty, and gives you a sense of control at what can otherwise feel like a difficult time.

Here’s a straightforward guide to how divorce (or civil partnership dissolution) works in England and Wales today.

A simpler starting point: no-fault divorce

The law changed with the Divorce, Dissolution and Separation Act 2020 and in practice, that’s made the process much more constructive.

You no longer need to blame your partner or wait years to separate. The only legal ground now is that the marriage has irretrievably broken down. In other words, the relationship cannot be repaired and that’s enough.

Do you apply alone or together?

One of the first decisions is whether to apply:

• On your own (a sole application), or

• Together (a joint application)

A joint application often feels more collaborative. That said, not every couple is in a position to take that route and that’s absolutely fine. From a practical point of view, it can be easier if just one makes the application and I find many of my clients do this. Some clients prefer that I do the divorce for them, as it can remove some of the stress at what can be an emotional time.

It’s worth noting:

• Joint applications can later become sole applications if needed

• Sole applications cannot be converted into joint ones

This sets out the foundations of how divorce begins, including the shift to no-fault divorce and the practical choice between applying alone or together. Understanding these early decisions can make the process feel far more manageable from the outset.

Are you considering starting divorce proceedings but unsure which approach is right for you? Elizabeth Stocker is a consultant solicitor specialising in family law. She can guide you through the process with clarity and confidence. Get in touch for a confidential discussion.