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Divorce process in 2026: key stages, timings and financial pitfalls
23rd January 2026
In this video, Mike Vale explains how the modern ‘no-fault’ divorce process works in England and Wales, including the statutory waiting periods, why the divorce itself is often straightforward, and why finances and property can be the part that catches people out.
Key takeaways
- Divorce is now largely “no-fault”: you do not need to allege adultery, unreasonable behaviour or a period of separation to start the process.
- One party can apply unilaterally, or you can make a joint application to reduce conflict.
- There is a minimum 20-week period after the court issues the divorce application before you can apply for the conditional order.
- After the conditional order is granted, you must wait at least 6 weeks and 1 day before applying for the final order (ending the marriage).
- It is often sensible to resolve financial and property matters and obtain a court-approved financial order (often including a “clean break”) before finalising the divorce.
- Leaving finances unresolved can create long-term risk - illustrated by Wyatt v Vince.
Divorce timeline (England & Wales)
The minimum stages are set by statute and court process. Your case may take longer depending on issues around children, finances and property.
|
Stage |
Earliest timing |
What it means |
|
Divorce application issued by the court |
Day 0 |
The court issues the application and serves it (often by email). |
|
Reflection / waiting period |
Minimum 20 weeks |
A statutory period before you can apply for the conditional order. |
|
Conditional order (formerly decree nisi) |
After 20 weeks |
The court confirms the legal requirements are met and the divorce can proceed. |
|
Final order (formerly decree absolute) |
6 weeks + 1 day after conditional order |
The marriage is legally ended and you become free to remarry (if you choose). |
Why financial orders matter
Mike highlights an important point: the divorce itself may be procedurally straightforward, but the financial settlement can be complex. Finalising the divorce does not automatically resolve financial claims between spouses. Where appropriate, a court-approved financial order can provide clarity and protection - including a clean break where possible.
A real-world warning: Wyatt v Vince
Wyatt v Vince is a well-known case and an example where a former spouse was allowed to pursue a financial claim many years after the divorce because no final financial order had been made at the time. Even where the eventual award is limited, the stress, uncertainty and legal cost of dealing with a late claim can be significant.
Pre-nuptial (and post-nuptial) agreements
Mike also touches on pre-marriage agreements. While not automatically binding in every case, a properly prepared agreement (with full disclosure, independent legal advice and no undue pressure) can carry significant weight. Some couples also choose a post-nuptial agreement after marriage as additional protection.
Practical tips to keep stress and cost down
- Avoid antagonism where possible. It rarely speeds anything up, but it can increase cost and stress.
- Use the waiting period to work on arrangements for children, finances and property.
- Consider a joint application where both parties are able to agree the marriage has irretrievably broken down.
- Before applying for a final divorce order, get advice on whether you should first secure a financial order (often including a clean break).
Need advice on divorce, finances or arrangements for children?
Speak to Ansons’ Family Law team,
including Mike Vale, in confidence.
Family Law page: https://ansons.law/family-law-solicitors
Get in touch: https://ansons.law/contact
Disclaimer: This article is for general information only and does not constitute legal advice. Every situation is different - please seek tailored advice before taking any action
