Divorce & Financial Remedy Journey
The complete process for obtaining a divorce under the Divorce, Dissolution and Separation Act 2020 (no-fault divorce), together with the financial remedy procedure for resolving financial arrangements on divorce.
Who Uses This Journey
Married couples seeking to end their marriage and resolve the financial consequences, including division of property, pensions, savings, and maintenance arrangements.
Stage-by-Stage Timeline
File Divorce Application (D8)
Under the Divorce, Dissolution and Separation Act 2020 (in force from April 2022), divorce is 'no-fault'. File form D8 online or by post. One spouse can apply alone (sole application) or both together (joint application). State the marriage has broken down irretrievably — no other facts or blame are required.
- Original or certified copy of marriage certificate
- Spouse's current address (for service if sole application)
- Details of any children of the family
- Filing before the 1-year anniversary of marriage — not permitted
- Wrong court — file online at the Family Court portal
- Not obtaining the marriage certificate first — delays application
20-Week Reflection Period
After the divorce application is issued, there is a mandatory 20-week minimum period before the applicant can apply for a Conditional Order. This 'cooling-off' period applies to both sole and joint applications. The respondent acknowledges service during this period.
- Respondent acknowledges service — proceed to Conditional Order application
- Respondent disputes jurisdiction — court must determine
- Reconciliation — application withdrawn
- Trying to shorten the 20-week period — it is mandatory and cannot be waived
- Not serving the respondent correctly — must use correct method of service
Apply for Conditional Order
After the 20-week period, the applicant applies for a Conditional Order (formerly Decree Nisi) using the online portal. A district judge reviews the papers. If satisfied, the Conditional Order is pronounced — this is not yet a final divorce.
- Conditional Order pronounced
- Application rejected — application defective
- Court raises query — applicant must respond
- Thinking the Conditional Order finalises the divorce — it does not
- Not resolving finances before applying for Final Order
6-Week Wait After Conditional Order
There is a mandatory 6-week wait after the Conditional Order before the Final Order can be applied for. This historically allowed any person to show cause against the divorce. During this period, negotiate and finalise financial matters.
- Applying for the Final Order before finances are resolved — you lose leverage once divorced
- Not using this period to finalise a consent order
Apply for Final Order
Apply online for the Final Order (formerly Decree Absolute). Once granted, the marriage is legally dissolved. If applying jointly, either party can apply; if sole, only the applicant can apply (unless the respondent applies after 3 months). A sealed copy of the Final Order is the legal proof of divorce.
- Final Order granted — marriage dissolved
- Delay if financial matters unresolved and application contested
- Not having a Consent Order before the Final Order — financial claims survive divorce indefinitely unless court-ordered
- Remarrying before the Final Order — this is a criminal offence (bigamy)
Financial Remedy: Form A — Notice of Intent to Proceed
If financial matters cannot be agreed, either party can issue Form A to start the Financial Remedy procedure. This puts a timetable in place. Alternatively, parties can negotiate via solicitors or mediation and submit an agreed Consent Order (D81 + draft order) at any time.
- Delaying financial remedy application — capital and pension values change
- Not considering mediation before issuing — cost effective and often quicker
Financial Remedy: Form E (Financial Statement)
Both parties complete Form E — a detailed financial statement disclosing all assets, income, liabilities, pensions, and expenditure. Full and frank disclosure is required. Deliberate concealment is a contempt of court. Form E is exchanged simultaneously.
- Last 12 months bank statements for all accounts
- Mortgage statements and property valuations
- Pension statements (CETV for all pensions)
- Business accounts and valuations if self-employed
- Payslips and P60 for last 3 years
- Evidence of debts
- Failing to disclose all assets — courts draw adverse inferences
- Not obtaining up-to-date pension CETs (Cash Equivalent Transfer Values)
- Understating income from self-employment
Financial Remedy: First Appointment (FDA)
A short hearing (30–45 minutes) before a district judge to define the issues, set directions for any valuations or expert evidence, and consider ADR. The judge will not make any orders at this stage but may direct a joint expert for property valuation.
- Concise statement of issues (Form G)
- Questionnaires exchanged between parties
- Chronology of the marriage
- Attending without a clear view of the issues
- Not completing Form G — required 14 days before FDA
Financial Remedy: FDR (Financial Dispute Resolution)
The FDR is a without-prejudice hearing designed to promote settlement. The judge gives an indication of the likely outcome ('judicial muscle'). All offers made during FDR are inadmissible at any final hearing. The FDR judge cannot conduct the final hearing.
- Settlement agreed at FDR — consent order drawn up
- No settlement — directions made for final hearing
- Not making a genuine 'without prejudice' offer before the FDR
- Failing to negotiate seriously at FDR — courts take a dim view of parties who don't try
Financial Remedy: Final Hearing
If FDR fails, a final hearing is listed (usually 1–3 days). Both parties give evidence and are cross-examined. The judge applies the s.25 MCA 1973 factors: welfare of any child first, then the parties' financial resources, needs, standard of living, age, contributions, and conduct.
- Court makes financial remedy order (clean break, periodical payments, property adjustment, pension sharing)
- Order sealed and binding on both parties
- Not settling — final hearing costs can exceed £20,000–£50,000
- Not filing an up-to-date Form E before the final hearing