Divorce Advice UK - Legal Rights, Costs and Financial Settlements 2026

Understand how divorce works in the UK, how much it costs, what happens to your home and finances, and where to get professional divorce advice.

Divorce is a significant legal and financial decision that can affect property ownership, savings, pensions, childcare arrangements and long-term financial security. Understanding your rights and responsibilities before starting divorce proceedings can help you make informed decisions and avoid unnecessary disputes.

In England and Wales, divorce law changed significantly with the introduction of no-fault divorce in April 2022. Couples no longer need to prove adultery, unreasonable behaviour or a period of separation to establish that their marriage has irretrievably broken down.

However, obtaining a divorce does not automatically resolve financial matters, property ownership or arrangements for children. These issues may require separate agreements or court orders.

For homeowners, landlords and property investors, divorce can introduce additional complexities involving jointly owned property, mortgage liabilities, rental income and the division of property portfolios.

Fraser Bond, a UK property agency and real estate consultancy, supports buyers, sellers, landlords and investors with residential property transactions, property valuations, lettings and property management across London and the wider UK.

This guide explains how to get divorced, the legal process, financial settlements, property rights, childcare arrangements and where to obtain professional divorce advice.

What Is Divorce?

Divorce is the legal process that formally ends a marriage.

Once a divorce has been finalised, both parties are legally free to remarry.

However, divorce proceedings are separate from the legal processes used to resolve financial claims and child arrangements.

A divorce may involve several important issues:

• Ending the marriage legally.

• Dividing matrimonial assets.

• Determining ownership of the family home.

• Agreeing mortgage responsibilities.

• Dividing savings and pensions.

• Addressing maintenance payments.

• Establishing arrangements for children.

• Resolving disputes involving jointly owned businesses or investment properties.

The legal rules differ across England and Wales, Scotland and Northern Ireland.

How to Get a Divorce in the UK

In England and Wales, couples can apply for a divorce if they have been married for at least one year and meet the relevant jurisdictional requirements.

The application can be made jointly or by one spouse.

Step 1 - Check Your Eligibility

Before applying, confirm that:

• You have been married for at least one year.

• Your marriage is legally recognised in the UK.

• The courts of England and Wales have jurisdiction.

• You have the information required for the application.

If you have been married for less than one year, you cannot ordinarily obtain a divorce in England and Wales, although other legal options may be available.

Step 2 - Submit a Divorce Application

You can apply for divorce through the relevant government service.

The application requires information about the marriage and the parties.

Under no-fault divorce, the applicant provides a statement that the marriage has irretrievably broken down.

There is no requirement to establish wrongdoing.

Step 3 - Wait for the Required Period

After the divorce proceedings have been issued, a minimum 20-week period must normally pass before the applicant can apply for a conditional order.

This provides time to consider the implications of the divorce and address practical matters.

Step 4 - Obtain a Conditional Order

A conditional order confirms that the court considers the applicant entitled to a divorce.

It does not legally end the marriage.

Step 5 - Apply for a Final Order

At least six weeks and one day must normally pass after the conditional order before an application for a final order can be made.

The final order legally ends the marriage.

However, it is often important to obtain legal advice about financial arrangements before applying for the final order.

How Long Does a Divorce Take in the UK?

An uncontested divorce in England and Wales generally takes at least 26 weeks, plus the time required for administrative processing.

The statutory waiting periods include:

The actual process may take longer because of court administration, service difficulties or other complications.

Financial disputes and child arrangements can also take considerably longer to resolve than the divorce itself.

How Much Does a Divorce Cost in the UK?

The standard court application fee for divorce in England and Wales is £612 as of October 2026.

Additional costs may arise if you instruct a solicitor, negotiate a financial settlement or require court proceedings.

People on low incomes or receiving certain benefits may qualify for help with court fees.

Legal fees vary according to the complexity of the case and the amount of professional work required.

What Is No-Fault Divorce?

No-fault divorce allows a marriage to be legally ended without either spouse having to prove that the other was responsible for the breakdown.

In England and Wales, the Divorce, Dissolution and Separation Act 2020 introduced the system from 6 April 2022.

Under this approach, the court generally accepts the applicant's statement that the marriage has irretrievably broken down.

A spouse cannot ordinarily prevent a divorce simply because they disagree with the decision to end the marriage.

However, limited legal objections may still be possible concerning matters such as jurisdiction or the validity of the marriage.

Do You Need a Solicitor to Get Divorced?

You do not have to instruct a solicitor to apply for divorce in England and Wales.

However, professional legal advice may be particularly valuable where the divorce involves:

• Jointly owned property.

• Significant savings or investments.

• Pension arrangements.

• Business ownership.

• Disagreements over financial support.

• Complex childcare arrangements.

• International assets.

• Domestic abuse or financial control.

• Property investment portfolios.

A family law solicitor can explain your legal position and help protect your financial interests.

What Happens to the House in a Divorce?

The family home is often one of the most valuable assets considered during divorce.

The outcome depends on several factors, including ownership, mortgage arrangements, financial circumstances and the needs of any children.

Possible outcomes include selling the property, transferring ownership to one spouse or allowing one spouse to remain in the property for a period.

Can One Spouse Keep the Family Home?

Yes.

A financial settlement may allow one spouse to retain the property, potentially in exchange for other assets or a payment to the other spouse.

However, mortgage lender approval may be required where borrowing responsibilities change.

Can the Court Order the House to Be Sold?

Yes.

In appropriate circumstances, the court can make orders concerning the sale or transfer of property.

The court considers the relevant statutory factors, including the financial resources and needs of both parties.

What if the House Is Only in One Spouse's Name?

A property being registered in one spouse's name does not automatically mean the other spouse has no financial claim.

In divorce financial proceedings, the court may consider matrimonial assets and the parties' circumstances rather than relying solely on registered ownership.

In England and Wales, a spouse may also be able to register home rights in appropriate circumstances.

Divorce Advice for Joint Mortgage Holders

A joint mortgage can create complications when a couple separates.

Where both spouses are named on the mortgage, they will generally remain jointly responsible for the debt until the lender agrees to a change or the mortgage is repaid.

A divorce agreement does not automatically remove one spouse from the mortgage contract.

Potential solutions include refinancing, selling the property or arranging a transfer of ownership with lender consent.

Both parties should understand the financial implications before agreeing to a settlement.

How Are Assets Divided in a Divorce?

In England and Wales, there is no automatic rule that every divorce must result in an equal division of all assets.

The court applies the relevant law, including the factors in section 25 of the Matrimonial Causes Act 1973.

These include financial resources, needs, obligations, ages, duration of the marriage, standard of living and contributions.

The welfare of any minor child of the family is the court's first consideration when applying these factors.

Assets That May Be Considered

• The family home.

• Other residential properties.

• Savings and investments.

• Pension funds.

• Business interests.

• Vehicles and valuable possessions.

• Certain debts and liabilities.

• Rental property portfolios.

The treatment of each asset depends on the circumstances.

Is Everything Split 50/50 in a Divorce?

Not necessarily.

Equality may be an important starting point in some financial cases, but the court must consider fairness and the parties' individual needs.

For example, the housing needs of children, differences in earning capacity or other relevant circumstances may justify an unequal division.

A settlement that is appropriate for one couple may be unsuitable for another.

What Happens to Pensions in Divorce?

Pensions can represent a substantial part of a couple's combined wealth.

In England and Wales, the court may make a pension sharing order, pension attachment order or other appropriate financial arrangements.

A pension sharing order can transfer a specified percentage of pension rights into a separate pension arrangement for the receiving spouse.

Pension valuation and specialist financial advice may be particularly important where pension arrangements are complex.

What Happens to Savings and Bank Accounts?

Savings and investments may be considered when negotiating a financial settlement.

Whether an account is held jointly or individually does not necessarily determine how it will be treated.

Both spouses are generally expected to provide full and frank financial disclosure when resolving financial claims.

Concealing assets can have serious consequences.

What Happens to Debt in a Divorce?

Debts may be relevant when assessing the parties' financial positions.

These can include mortgages, personal loans, credit cards and other liabilities.

However, a financial settlement between spouses does not automatically change the legal obligations owed to a lender.

For example, a joint borrower may remain liable to the lender even if a divorce agreement states that the other spouse should make the repayments.

Divorce Advice for Landlords and Property Investors

Divorce can be particularly complicated where a couple owns investment properties or operates a property business.

Issues may include:

• Ownership of buy-to-let properties.

• Rental income.

• Mortgage liabilities.

• Property valuations.

• Capital gains tax consequences.

• Company ownership structures.

• Transfers of property interests.

• Sale of investment assets.

A fair settlement may require professional property valuations and advice from legal and tax specialists.

Property transfers between separating spouses can have tax implications, although specific reliefs may apply.

What Happens to Children During Divorce?

Divorce does not automatically determine where children will live or how much time they will spend with each parent.

Parents are encouraged to agree arrangements where it is safe and appropriate to do so.

If an agreement cannot be reached, the court may be asked to make a child arrangements order.

The child's welfare is the court's paramount consideration in decisions under the Children Act 1989.

Who Gets Custody of the Children?

In England and Wales, the legal framework generally uses the term child arrangements rather than custody.

A child arrangements order can determine where a child lives and when they spend time with each parent or another person.

There is no automatic rule that children must live with their mother or father.

The court considers the child's welfare and relevant circumstances.

Child Maintenance After Divorce

Child maintenance is financial support provided towards the cost of raising a child.

Parents may agree payments privately or use the Child Maintenance Service where applicable.

The amount payable can depend on the paying parent's income, the number of qualifying children and other relevant factors.

Child maintenance is generally separate from the financial settlement between spouses.

What Is Spousal Maintenance?

Spousal maintenance is financial support that one spouse may be required to provide to the other following separation or divorce.

It may be appropriate where there is a significant difference in income or one spouse cannot reasonably meet their financial needs.

However, spousal maintenance is not automatic.

The amount and duration depend on the circumstances and the court's assessment.

What Is a Divorce Financial Settlement?

A divorce financial settlement is an arrangement addressing the division of assets, liabilities and financial responsibilities.

It may cover property, savings, pensions, maintenance and other financial matters.

Couples can negotiate an agreement privately or through mediation.

However, an informal agreement may not provide the same legal protection as a court-approved financial order.

What Is a Financial Consent Order?

A financial consent order is a court order recording agreed financial arrangements between divorcing spouses.

It can address property transfers, lump sums, pension sharing and maintenance.

A properly drafted and approved order can help provide certainty and reduce the risk of future financial disputes.

The court must consider whether the proposed order is appropriate before approving it.

Can Your Ex-Spouse Claim Money After Divorce?

Potentially, yes.

Obtaining a final divorce order does not automatically dismiss all financial claims between former spouses.

Where no binding financial order has resolved those claims, future applications may remain possible, subject to applicable legal restrictions.

This is why obtaining legal advice about a financial consent order can be important even where the divorce itself is straightforward.

What Is a Clean Break Divorce?

A clean break financial settlement aims to end ongoing financial obligations between former spouses where legally and practically appropriate.

It may involve a division of assets or a lump-sum payment rather than continuing spousal maintenance.

However, a clean break is not suitable in every case.

Child maintenance obligations are also treated separately.

Can You Divorce Without Going to Court?

Many divorces in England and Wales can be completed without either spouse attending a court hearing.

The divorce application itself is normally processed administratively where no hearing is required.

Financial settlements can also be negotiated outside court.

However, a court order may still be necessary to make financial arrangements legally binding.

What Is Divorce Mediation?

Family mediation is a process in which an independent mediator helps separating couples discuss arrangements and explore possible agreements.

Mediation may cover financial settlements, property own