Amicable Divorce: Navigating the New Joint Application Process
Author – Dafina Morina, Family Law Legal Consultant
Navigating a divorce doesn’t always mean conflict. For many couples, an amicable separation is possible, especially under the new joint application process available in England and Wales. Here, we provide a straightforward guide on how to jointly apply for divorce, what the timeline looks like, and what it means to reach the Final Order.
What Does an Amicable Divorce Mean?
Yes, thanks to the introduction of the “no-fault” divorce law in April 2022, couples who agree that their marriage has irretrievably broken down can now submit a joint application. This change encourages a collaborative approach to ending a marriage, aiming to reduce conflict and the emotional strain often associated with divorce proceedings.
By jointly applying, couples no longer need to assign blame or cite reasons such as adultery or unreasonable behavior. Instead, both parties can simply acknowledge that the marriage has ended, focusing on a peaceful resolution of financial and family matters. The joint application is submitted online or by paper, following the same steps as a sole application but with both spouses actively involved throughout.
What Is the Amicable Divorce Timeline?
An uncontested divorce in England and Wales generally takes around 6 to 8 months from filing to the issuance of the Final Order, though the timeline may vary. Here’s a step-by-step outline of the amicable divorce process:
- Divorce application. Once filed, the court will process the joint application and send an acknowledgment of receipt to both parties.
- 20-week reflection period. Following the application, a mandatory 20-week “cooling-off” period begins, designed to give both spouses ample time to confirm their decision.
- Conditional order. After the reflection period, couples can apply for a Conditional Order (formerly known as the Decree Nisi), which confirms that they meet the legal grounds for divorce. However, this step does not yet legally end the marriage.
- Final order. Six weeks after the Conditional Order, either spouse can apply for the Final Order. This final step legally ends the marriage, allowing both individuals to remarry if they wish.
If financial settlements or child arrangements are involved, resolving these may take longer, but a straightforward divorce itself can typically proceed within this 6–8 month timeframe if both parties remain cooperative and organized.
What Does the Final Order Mean?
The Final Order, previously called the Decree Absolute, is the official end of the marriage. Once issued, your legal status changes to single, and you are free to remarry if desired. However, it’s crucial to recognize that the Final Order only terminates the marriage itself; any unresolved financial matters or child arrangements remain separate issues that require additional steps.
We strongly recommend reaching a Financial Remedy Order or a separate financial agreement before obtaining the Final Order to prevent any future financial claims from either party. Additionally, child arrangements are usually addressed separately, either by mutual agreement or, if necessary, through court proceedings.
Why Choose Our Firm?
As a Legal 500 UK law firm, we specialize in supporting clients through every aspect of divorce, from amicable joint applications to more complex, high-stakes separations. Even in the smoothest of cases, divorce can be challenging. Our experienced team is here to provide clear, compassionate guidance tailored to your unique situation, ensuring that the process remains respectful and as efficient as possible.
If you’re contemplating an amicable separation or have questions about the new joint divorce application, contact us today. We’re ready to support you through a smooth, stress-free transition into your next chapter.
