Divorce Application Checklist

The divorce application itself is straightforward under the no-fault system and can be completed online without a solicitor. What is not straightforward, and what the application does not touch, is the money. A divorce ends the marriage but does nothing to divide assets or close off future financial claims — that needs a separate court order. Arrangements for children are separate again. Use this checklist to gather what you need before you start, and to keep the parts that matter in view.

Three separate processes, not one

Keep them apart in your mind and you will make far better decisions. The divorce ends the marriage. A financial order divides property, pensions and savings and can create a clean break. Arrangements for children are dealt with separately again, through agreement, mediation or a court application if necessary. The divorce timetable has built-in waiting periods, so it cannot be rushed — use that time to work on the finances rather than treating them as an afterthought.

  • Before applying: find the marriage certificate or order a certified copy, confirm your spouse's current address for service, and check whether you qualify for help with the court fee.
  • Alongside: list every asset and liability including pensions, which are frequently the second most valuable asset after the home and are routinely overlooked.
  • Before the final order: take advice on whether to apply for the financial order first, because the final divorce order can affect certain pension and inheritance entitlements.

The mistake that causes the most damage years later is finalising the divorce without a financial order. Claims between former spouses do not expire with the marriage, and courts see cases where an ex-partner returns long afterwards to claim against money earned or inherited since.

Even where you agree everything amicably, have the agreement drawn up as a consent order and approved by the court. That is what makes it binding.

Before you apply

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Financial disclosure

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Children's arrangements

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Helpful organisations

Citizens Advice

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Frequently asked questions

How long does a divorce take from start to finish?
There are minimum waiting periods built into the process between the application, the conditional order and the final order, so a divorce cannot be completed in a few weeks however amicable it is. Several months is normal, and longer if the finances are complex or contested. Most people use the waiting time to negotiate the financial settlement, since a consent order can then be submitted for approval at the appropriate stage rather than trailing months behind.
Do we both need our own solicitor?
Not for the divorce application, which is designed to be done without legal help and can be made jointly. For the finances, one solicitor cannot advise both of you, so if you want the agreement drafted properly one party instructs a solicitor and the other should take independent advice before signing. Mediation is often cheaper than two sets of solicitors negotiating, and family mediation vouchers may be available towards the cost of child-related sessions.
What happens to the family home in the meantime?
A spouse not named on the title can register home rights with the Land Registry, which prevents a sale or remortgage without their knowledge and protects the right to occupy. Mortgage payments still have to be met, and missed payments damage both credit files on a joint loan — tell the lender early if payments will be difficult. Who stays in the property in the short term does not determine who keeps it in the final settlement.
How do we sort out arrangements for the children?
Most parents agree arrangements between themselves, and the court has no involvement unless someone applies. Where agreement is difficult, mediation is usually required before a court application except in cases involving domestic abuse or urgency. Child maintenance is handled separately again, through a family-based arrangement or the Child Maintenance Service, and is not part of the divorce. Keep decisions focused on what works for the children rather than on what feels fair between the adults.

Related guides

No-Fault Divorce

The Divorce, Dissolution and Separation Act 2020 fundamentally changed divorce law in England and Wales when it came into force in April 2022. For the first time, couples can end a marriage without having to allege fault — such as adultery or unreasonable behaviour — against each other. The process is now simpler, less adversarial, and can be completed jointly or by one spouse alone.

9 min

Child Maintenance Service

Child maintenance is money paid by the non-resident parent (the parent the child does not live with most of the time) to the parent with care to help meet the child's everyday needs. The Child Maintenance Service (CMS) is the government body responsible for calculating, collecting, and enforcing child maintenance in Great Britain. Most parents are encouraged to reach a "family-based arrangement" before turning to the CMS, but the CMS provides a backstop when agreement cannot be reached.

9 min

Child Arrangements Orders

A Child Arrangements Order (CAO) is a court order setting out the arrangements for where a child lives and how much time they spend with each parent or other person. They replaced the old residence and contact orders in 2014. The family court encourages parents to agree arrangements without court intervention, and before making an application you must attend a Mediation Information and Assessment Meeting (MIAM) in most cases. The court's primary concern in every case is the welfare of the child.

10 min

Disclaimer

This information is for general guidance only and does not constitute legal, financial, or professional advice. Always check official sources and seek qualified help where needed.