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Find My Lawyer in 60 SecondsFamily law in England and Wales was substantially reformed by the Divorce, Dissolution and Separation Act 2020 (DDSA 2020), which came into force on 6 April 2022. Scotland has a separate regime (Family Law (Scotland) Act 2006). The DDSA 2020 abolished the requirement to prove fault — adultery, unreasonable behaviour, desertion — replacing the process with a single ground: that the marriage has broken down irretrievably, evidenced solely by a statement from one or both parties.
| Stage | Timeframe | Details |
|---|---|---|
| Application (sole or joint) | Day 1 | Online via MyHMCTS or paper D8; fee £593 (2024) |
| Acknowledgement of Service | Day 1 – Day 14 | Respondent has 14 days to acknowledge (not required for joint applications) |
| Minimum Reflection Period | 20 weeks from application | Mandatory cooling-off period (DDSA 2020 s.1(5)); cannot apply for Conditional Order before |
| Conditional Order (formerly Decree Nisi) | After 20-week minimum | Court confirms satisfied; application on Form D84 |
| Final Order (formerly Decree Absolute) | 6 weeks after Conditional Order | Minimum 43 weeks total; marriage legally dissolved on grant |
Joint applications cannot be defended under DDSA 2020. Even sole applications cannot be contested on the basis of disputed irretrievable breakdown (only on jurisdiction or procedural grounds). Pension rights do not automatically divide on divorce — a separate financial remedy order is required.
Financial remedy orders are governed by the Matrimonial Causes Act 1973 (MCA 1973), with the court exercising wide discretion under s.25. The court must consider all circumstances, including: welfare of minor children (first consideration — MCA 1973 s.25(1)); income, earning capacity, property and other financial resources; financial needs and obligations; standard of living; ages and duration of marriage; contributions (financial and non-financial); conduct (if inequitable to disregard); pension sharing. The starting point for long marriages is often an equal division (White v White [2000] UKHL 54).
| Order Type | Purpose | Key Legislation |
|---|---|---|
| Lump Sum Order | Capital payment from one spouse to another | MCA 1973 s.23(1)(c) |
| Property Adjustment Order | Transfer of property (e.g. family home) | MCA 1973 s.24 |
| Pension Sharing Order | Percentage of one spouse's pension transferred; separate pension credit created | MCA 1973 s.24B; Welfare Reform and Pensions Act 1999 |
| Pension Attachment Order | Payments redirected from pension when it pays out | MCA 1973 s.25B |
| Periodical Payments (Maintenance) | Regular payments; terminates on remarriage or death | MCA 1973 s.23(1)(a) |
| Clean Break Order | Dismissal of all future financial claims between parties | MCA 1973 s.25A |
Child law in England and Wales is governed by the Children Act 1989 (CA 1989). The paramountcy principle (CA 1989 s.1(1)) requires the court to treat the child's welfare as the paramount consideration. A Child Arrangements Order (CAO) can specify where the child lives and when they spend time with each parent. Courts apply the welfare checklist (CA 1989 s.1(3)). CAFCASS (Children and Family Court Advisory and Support Service) prepares safeguarding checks and section 7 reports. No automatic 50/50 presumption, but the presumption of parental involvement (CA 1989 s.1(2A), inserted by Children and Families Act 2014) creates a rebuttable presumption that involvement of each parent furthers the child's welfare.
Child maintenance is primarily calculated through the Child Maintenance Service (CMS), using the statutory formula under the Child Support Act 1991 (as amended by the Child Maintenance and Other Payments Act 2008). Rates (gross weekly income of paying parent): below £100 nil; £100–£200: flat rate £7/wk; £200–£3,000: 12% (1 child), 16% (2), 19% (3+); above £3,000 up to £800: reduced percentages. Courts retain jurisdiction to make maintenance orders by consent or where CMS has no jurisdiction (e.g. overseas paying parent or income > £3,000/wk — court can top up).
Sara and David, married 18 years, separated with a joint estate of £1.85 million (primary home £1.1m equity, buy-to-let £350k equity, pension pots totalling £400k). Joint application for divorce filed April 2022 under DDSA 2020. Financial remedy proceedings: Form E filed; First Appointment (FDR designation). FDR hearing: judge indicated likely 50/50 split with pension sharing, adjusting for Sara's primary carer role for two children aged 10 and 12. Settled at FDR: Sara receives family home (£1.1m); David retains investment property; pension sharing order: 40% of David's pension transferred to Sara (credit value £160k). Clean break. Legal costs: Sara £28,000; David £32,000 (contested elements included property valuation dispute).
