Overview: the stages after you apply
The divorce process in England and Wales since the Divorce, Dissolution and Separation Act 2020 has a fixed structure. Once you submit your application online, you move through a series of defined stages, some automatic, some requiring you to take action. Understanding these stages removes much of the anxiety of not knowing what happens next.
Court issues the application
The court reviews your application, checks it is complete and that the marriage certificate is valid, and formally issues it. You receive an issue date, this is the date the 20-week clock starts. The court fee of £612 is taken at this stage.
Application served on your spouse
In a sole application, the court serves a copy of the application on the respondent (your spouse) by post to the address you provided. The respondent has 14 days to acknowledge service online. In a joint application, both parties have already agreed to proceed and no service is needed.
Respondent acknowledges service
The respondent logs into the HMCTS portal and confirms receipt of the application. They can indicate whether they intend to dispute it, though under no-fault divorce, grounds for disputing are very limited. You receive confirmation once they have acknowledged.
Apply for the conditional order
Once the mandatory 20-week reflection period has passed, you can apply for the conditional order online. A judge considers the application on the papers, no hearing required, and grants the conditional order if satisfied. You receive a certificate confirming the date it was granted.
Apply for the final order
The earliest you can apply for the final order. Most people wait longer to ensure financial arrangements are in place. Once the final order is granted, your marriage is legally dissolved.
Each stage of the process requires you to take action, the court does not move things forward automatically.
What if your spouse doesn't acknowledge service?
If the respondent does not acknowledge service within 14 days, you have options. First, check the address you provided is correct. If it is, you can apply to the court for deemed service, asking the court to treat the application as having been served. Alternatively, you can arrange personal service through a process server, who physically delivers the documents and provides a certificate of service to the court.
If your spouse cannot be located, you can apply for dispensation of service, asking the court to proceed without service. This requires evidence that you have made genuine efforts to locate them.
What should you be doing during the 20-week period?
The 20-week reflection period is not dead time, it is the window in which to make progress on your financial arrangements. This is the most important parallel process running alongside the divorce itself:
- If your finances are straightforward and agreed, begin drafting a consent order to be sealed by the court
- If finances are not yet agreed, consider mediation or take legal advice on next steps
- If financial remedy proceedings are needed, issue Form A to start the formal court process
- If you have a mortgage, contact your lender to understand your options regarding the family home
- Review pension beneficiary nominations and update them if necessary
- Update your will, it will not automatically change on divorce until the final order is made
How long does the whole process take?
From submitting the application to receiving the final order, the minimum time is approximately 26-28 weeks, around six to seven months. In practice, most straightforward divorces take six to nine months. Contested finances or disputes about service can extend this significantly.
The 20-week reflection period is fixed and cannot be shortened. However, the time between applying for the conditional order and it being granted, and between applying for the final order and receiving it, depends on court processing times which vary by region and workload.
Can you track your case online?
Yes. The HMCTS divorce portal allows both parties to log in and check the current status of the case, view documents, and receive notifications when action is required. You will receive email notifications at key stages, but it is worth logging in periodically to check, particularly if you are waiting on the court to issue the application or process the conditional order.
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