Many people assume divorce always involves standing in a courtroom. That image often comes from films or television.
The reality in the UK is very different.
Most divorces today happen without either person going to court. The process is largely handled online and through paperwork.
If you are considering divorce, understanding how the process works can help reduce some of the worry. Below we explain whether you can get divorced without going to court and what the process usually looks like.
The Short Answer: Usually Yes
In most cases, you can get divorced in the UK without attending court.
Since changes to divorce law in 2022, the process has become much simpler. The introduction of no-fault divorce means couples no longer need to blame each other for the breakdown of the marriage.
This has made the process less confrontational and often quicker. Most divorces now follow a straightforward online process. Documents are submitted digitally and approved by a judge without the need for a hearing.
How the Divorce Process Works
The divorce process in England and Wales follows several stages.
- Applying for Divorce
The process begins when one person applies for divorce. This can also be done jointly by both spouses. The application is submitted online through the government divorce portal. The application confirms that the marriage has broken down irretrievably. This simply means the relationship cannot continue. There is no need to explain the reasons in detail.
- The 20-Week Reflection Period
After the application is issued, there is a 20-week waiting period. This time allows couples to reflect on the decision and consider arrangements for children, finances, and property. Some couples also use this time to seek legal advice about financial settlements.
Once the 20 weeks have passed, the applicant can move to the next stage.
- Conditional Order
The next step is applying for a Conditional Order. This is the stage where the court confirms that the divorce can legally proceed.
A judge reviews the paperwork. If everything is in order, the Conditional Order is granted. This stage still does not require anyone to attend court.
- Final Order
After the Conditional Order, there is a short waiting period of six weeks and one day. Following this, the applicant can apply for the Final Order.
The Final Order legally ends the marriage. Once granted, the couple is officially divorced. Again, this usually happens without any court appearance.
When Might You Need to Go to Court?
While most divorces do not involve court attendance, there are some situations where a hearing may happen.
Disagreements About Finances:
Divorce often involves financial decisions. These may include property, savings, pensions, or ongoing support.
If both people agree on the financial arrangements, these can be written into a financial order and approved by the court without a hearing.
If there is a dispute, the court may need to become involved. In these cases, a judge may schedule hearings to help resolve the disagreement.
Disputes About Children:
Parents often reach their own agreements about childcare arrangements. These might include where children live, schooling, or how time is shared between parents.
If agreement cannot be reached, the court may need to step in. A judge may hold hearings to decide what arrangement is in the best interests of the child.
If Someone Contests the Divorce:
Under current divorce law, it is very difficult to contest a divorce. Challenges are rare and usually relate to technical issues such as the validity of the marriage.
In those unusual situations, a court hearing may be required.
What About Financial Settlements?
One common misunderstanding is that the divorce itself deals with finances. In reality, divorce and financial settlements are separate matters. The Final Order ends the marriage. It does not automatically resolve financial ties. This is why many people choose to apply for a financial order.
A financial order records how assets will be divided and whether any ongoing payments will be made. Once approved by the court, it becomes legally binding. Without a financial order, financial claims could still be made in the future.
Can Divorce Be Done Completely Online?
Yes, much of the divorce process can now be completed online. Applications are submitted digitally and progress can be tracked through the government portal.
Many couples communicate with their solicitor by email, phone, or video call. This has made the process more accessible and less stressful for many people.
Even though the process is online, legal advice can still be very important. Especially where finances or children are involved.
How Long Does Divorce Take?
Divorce cannot happen instantly. The legal timeframes mean the process usually takes at least six months.
This includes:
- The 20-week reflection period
- The six-week waiting period before the Final Order
If financial matters or child arrangements need to be resolved, the process can take longer.
Getting Advice Early Can Help
Divorce often brings emotional and financial uncertainty. Clear legal advice can help you understand your options and avoid problems later.
Even when couples agree on most issues, it is still sensible to make sure arrangements are properly recorded. This can protect both parties and provide clarity for the future.
Top Tip
Divorce ends the marriage, but it does not automatically deal with finances. Many people assume everything is resolved once the Final Order is granted. This is not always the case. Without a court-approved financial order, financial claims can remain open. Getting the right advice early can help ensure everything is properly finalised.
Written by BP Legal, a trusted family law firm in Leicester, led by Bhumika Parmar, solicitor, founder, former President of the Leicestershire Law Society, and trustee of Zinthiya Trust.
If you would like to speak to one of our experienced team please call us today on 0116 253 6856 or email info@bplegal.co.uk.
