Getting a Divorce

Making the decision to end your marriage is never easy. At MCR Solicitors, we understand the emotional weight of this decision and provide compassionate, professional guidance to help you navigate the divorce process. Our experienced divorce solicitors in Manchester are here to support you through every step, protecting your interests while helping you move forward with your life.

Divorce affects every aspect of your life, from your finances and living arrangements to your relationships with your children. We take a holistic approach, ensuring that all related matters are addressed properly so you can begin the next chapter with confidence and security.

No-Fault Divorce Explained

Since 6 April 2022, England and Wales have operated under a no-fault divorce system, representing the biggest change to divorce law in over 50 years. This means you no longer need to blame your spouse or prove they did something wrong to end your marriage.

Key Features of No-Fault Divorce

• No blame required - You simply state that the marriage has irretrievably broken down. There is no need to cite adultery, unreasonable behaviour, or separation
• Sole or joint applications - You can apply for divorce on your own, or you and your spouse can apply together as a joint application
• Reduced conflict - Without the need to make allegations, the process is less confrontational and can help preserve a civil relationship, particularly important if you have children
• No defence - Your spouse cannot contest the divorce itself, only dispute jurisdiction or the validity of the marriage

The introduction of no-fault divorce has made the process simpler and less adversarial. However, it has not changed how finances are divided or how arrangements for children are made, these remain separate matters that often require careful negotiation.

The Divorce Process in 2026

Understanding what to expect helps reduce anxiety about the process. Here is a step-by-step guide to getting divorced under the current system:

Step 1: Application

The divorce process begins with submitting an application to the court. This can be done online through the government portal or using a paper form. The application fee is currently ¶œ593 (as of 2026). In a sole application, you are the applicant and your spouse is the respondent. In a joint application, you are both applicants.

Step 2: Acknowledgement of Service

If you make a sole application, your spouse will receive the papers and must confirm they have received them by completing an acknowledgement of service. They have 14 days to do this. If they do not respond, alternative service or deemed service may be necessary.

Step 3: 20-Week Reflection Period

From the date the application is issued, there is a mandatory 20-week waiting period. This reflection period is designed to give couples time to consider whether they truly want to proceed and to make arrangements for finances and children. You cannot apply for the conditional order until this period has passed.

Step 4: Conditional Order

After the 20-week reflection period, you can apply for the conditional order (previously called the decree nisi). This is the first of two court orders that end your marriage. The court will grant the conditional order if satisfied that all requirements are met.

Step 5: Six-Week Wait

After the conditional order is granted, you must wait a further 6 weeks before you can apply for the final order.

Step 6: Final Order

The final order (previously called the decree absolute) legally ends your marriage. Once this is granted, you are no longer married and are free to remarry if you wish. It is important to note that you should not apply for the final order until financial matters are resolved, as doing so could affect your rights.

How Long Does Divorce Take?

Under the current system, the minimum time from application to final order is approximately 26 weeks (6 months). This breaks down as:

• 20 weeks reflection period after application is issued
• 6 weeks between conditional order and final order

However, this is the minimum timeline for the divorce itself. In practice, most divorces take longer because:

• Resolving financial matters often takes 6-12 months or longer
• Child arrangement disputes may require court proceedings
• Gathering financial disclosure can be time-consuming
• Negotiations and mediation take time

We recommend not rushing to obtain the final order until finances are properly settled. Doing so prematurely could affect your entitlements, particularly regarding pensions and inheritance.

Divorce Costs in 2026

Understanding the costs involved helps you plan financially. The main costs of divorce are:

Court Fee

The court fee for a divorce application is currently ¶œ593. This is a one-off fee payable when you submit your application. In a joint application, you can split this cost between you.

Solicitor's Fees

Our fees depend on the complexity of your case and whether matters are resolved through negotiation or require court proceedings. We offer:

• Fixed fee divorce only service - For straightforward divorces where finances are already agreed
• Full service representation - Handling divorce, finances, and children matters
• Unbundled services - Help with specific aspects while you handle others yourself

We provide a clear cost estimate at your initial consultation and keep you informed of costs throughout your case. We never surprise you with unexpected bills.

Other Potential Costs

• Mediation fees if you attend mediation
• Court fees for financial order applications (Form A)
• Expert fees such as pension actuaries or property valuers
• Barrister fees if court representation is needed

Financial Settlement

Getting divorced does not automatically divide your assets or end your financial ties to each other. A financial settlement is a separate process that deals with:

• Division of property including the family home
• Sharing of pensions
• Division of savings, investments, and other assets
• Allocation of debts
• Spousal maintenance (ongoing payments from one spouse to the other)
• Child maintenance (usually dealt with through the CMS)

We strongly recommend obtaining a financial order, even if you and your spouse have agreed how to divide everything. Without a court order, either party could make a financial claim against the other in the future, even years after the divorce. A clean break order provides certainty and finality.

Learn more about divorce financial settlements and how we can help protect your financial future.

Children Arrangements

Divorce does not change your legal relationship with your children. Both parents usually retain parental responsibility and have the right to be involved in important decisions about their children's lives.

However, you will need to decide:

• Where your children will live
• How much time they will spend with each parent
• How decisions about education, health, and other matters will be made
• Arrangements for holidays and special occasions

We always encourage parents to agree arrangements between themselves or through mediation where possible. This is better for children, who benefit when their parents can communicate and cooperate. However, if agreement is not possible, the court can make child arrangement orders to determine these matters.

Frequently Asked Questions About Divorce

Do I need to prove my spouse did something wrong?

No. Since April 2022, England and Wales have no-fault divorce. You simply need to state that the marriage has irretrievably broken down. You do not need to prove adultery, unreasonable behaviour, or any other grounds.

Can my spouse stop the divorce?

No. Under the new system, your spouse cannot contest the divorce itself. They can only challenge the jurisdiction of the court or the validity of the marriage. The days of defended divorces are largely over.

What is the difference between a sole and joint application?

In a sole application, one spouse applies and the other is the respondent. In a joint application, both spouses apply together. Joint applications can demonstrate cooperation and may be helpful if you want to show the court you are working together, but they require agreement from both parties throughout the process.

Can I get divorced after less than one year of marriage?

No. You must be married for at least one year before you can apply for divorce. If your marriage is shorter, you may be able to seek an annulment if there are grounds, or a judicial separation.

What happens to my pension when I divorce?

Pensions are considered matrimonial assets and can be shared on divorce. There are several options including pension sharing orders (splitting the pension), pension offsetting (trading the pension value against other assets), or pension attachment orders. Pensions are often the second most valuable asset after the family home and require careful consideration.

Should I leave the family home?

This is a decision that should not be taken lightly. Leaving the home does not affect your ownership rights, but it can impact other matters. We recommend seeking legal advice before making any major decisions about accommodation.

How is child maintenance calculated?

Child maintenance is usually calculated by the Child Maintenance Service (CMS) based on the paying parent's income. As solicitors, we cannot make binding child maintenance orders, but we can help you understand what you might expect and assist with private family-based arrangements.

Will I have to go to court?

For the divorce itself, court attendance is rarely required. Everything is usually handled through paperwork and online systems. However, if financial matters or child arrangements cannot be agreed, court hearings may be necessary.

Contact Our Divorce Solicitors in Manchester

If you are considering divorce or have been served with divorce papers, our compassionate team is here to help. We offer a confidential initial consultation where we can discuss your situation, explain your options, and provide clear advice on the best way forward.

Call us today: 0161 466 1280

Visit us: First Floor, 1024 Stockport Road, Manchester M19 3WX

Taking the first step is often the hardest part. Our experienced divorce solicitors will guide you through the process with sensitivity and professionalism, helping you achieve the best possible outcome for you and your family.