In this video podcast, Family Law Solicitor, Janet Raeburn, explains the divorce process in England and Wales, including no-fault divorce, financial settlements and arrangements for children.
Divorce can feel overwhelming, particularly when you are trying to understand the legal process while also dealing with practical questions about money, property, pensions and children. Knowing what to expect from the outset can make the process feel clearer and help you make informed decisions at each stage.
No-fault divorce was introduced in England and Wales in April 2022. It means couples no longer need to assign blame or rely on allegations such as unreasonable behaviour to prove that the marriage has broken down. Instead, one spouse, or both spouses jointly, can make a statement that the marriage has irretrievably broken down.
For many separating couples, this change can help reduce conflict and allow the focus to shift towards the practical issues that matter most, including financial arrangements, property, pensions and children.
The video explains the key stages in the divorce process, from the initial application through to the conditional order and final order. Although every case is different, the process includes a minimum waiting period before the conditional order can be applied for, followed by a further period before the final order can end the marriage legally.
Divorce and financial matters are connected, but they are not the same thing. A divorce ends the marriage, while a financial settlement deals with how assets, income, savings, property, pensions and liabilities should be divided.
Janet discusses how the court approaches financial outcomes and why evidence is so important. Common financial pitfalls during separation and divorce can include overlooking pensions, making informal agreements without legal protection or assuming that the divorce itself automatically resolves financial claims.
When parents separate, decisions may need to be made about where children live, how much time they spend with each parent, holidays, schooling and day-to-day communication. Where possible, parents are encouraged to agree arrangements that keep the children’s welfare at the centre of the discussion.
If agreement cannot be reached, the court can be asked to make decisions about child arrangements. The focus will be on what is in the best interests of the child, rather than on either parent’s preferences.
The podcast also looks at practical ways to reduce conflict, including calm communication, careful planning and seeking advice before issues escalate. A less confrontational approach can make a significant difference, particularly where children are involved and parents need to continue co-parenting after separation.
Janet also clarifies one of the most common misconceptions in family law: the idea of 'common law marriage'. Unmarried couples do not automatically have the same legal rights as married couples or civil partners, even if they have lived together for many years. Understanding this distinction is important when considering property, finances and future planning.
If you are considering divorce, going through separation, or trying to understand your options, this video podcast provides a clear and practical introduction to divorce law in England and Wales.
This episode is for general information only and is not intended as legal advice. If you’d like advice on your particular circumstances, please get in touch with a member of our family law team.
