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England & Wales • No-Fault Divorce / Financial Remedy

England & Wales Divorce & Financial Settlement Guide 2026

Understand the England and Wales divorce process, including the 20-week conditional-order stage, final-order timetable, Form E financial disclosure and how courts assess financial settlements under section 25 of the Matrimonial Causes Act 1973.

Divorce & Financial Settlement

Understand the England and Wales divorce timeline, what happens between the divorce application, conditional order and final order, how Form E financial disclosure works, what the court considers under section 25, and how consent or contested financial orders are handled.

Primary Statutory Basis
England and Wales no-fault divorce and separate financial-remedy rules.
Statutory Timelines
20 weeks to the conditional-order stage, then at least 43 days before the final order.

2026 Divorce & Financial-Remedy Framework

Stage / IssueCurrent ruleWhat it means
Conditional orderMinimum 20 weeks after application is issuedYou cannot apply for the conditional order before the 20-week minimum period has passed.
Final orderMinimum 43 days after conditional orderThis is the order that ends the marriage.
Financial disclosureForm EProvides detailed financial information; it does not itself divide the assets.
Agreed financesConsent orderThe agreement becomes legally binding once approved by the court.
Disputed financesForm A / Form E / first appointment / FDR / final hearingThe court can determine the financial order if agreement cannot be reached.
2026 divorce application fee£628Current England and Wales court fee; Help with Fees may be available.

England & Wales Divorce Timeline

Stage 1
20 weeks
Application → Conditional Order

You must wait at least 20 weeks after the divorce application is issued before applying for the conditional order.

Stage 2
43 days
Conditional → Final Order

At least 6 weeks and 1 day must normally pass before applying to end the marriage.

Current fee
£628
Divorce application

Current England and Wales court fee from July 2026. Help with Fees may be available.

Financial Settlement: Two Main Routes

AGREED

Consent Order

  • Agree how money and property will be dealt with.
  • Provide the required financial information.
  • Submit the agreement for court approval.
  • Use the consent order to make the agreement legally binding.
DISPUTED

Financial Remedy Proceedings

  • Apply for a financial order using the appropriate process.
  • Provide financial disclosure, including Form E where required.
  • Attend the first appointment and FDR stages.
  • Proceed to a final hearing if settlement cannot be reached.

What Form E Actually Does

Form E is a detailed financial statement used for disclosure in financial-remedy proceedings. It helps set out property, savings, investments, pensions, income, liabilities and other relevant financial information. It is evidence/disclosure for the financial case, not the order that divides the assets.

PROPERTY
Homes and property interests.
PENSIONS
Private and relevant pension interests.
INCOME
Employment, business and other income.
LIABILITIES
Mortgages, loans and other debts.

Section 25: Factors the Court Considers

Section 25 of the Matrimonial Causes Act 1973 requires the court to have regard to all the circumstances of the case, including the parties' income and resources, financial needs, standard of living, age, duration of the marriage, disability, contributions and relevant pension considerations.

Income & resources
Current and foreseeable financial resources.
Financial needs
Needs, obligations and responsibilities.
Standard of living
The standard enjoyed before the breakdown.
Age & duration
Each party’s age and length of the marriage.
Disability
Any relevant physical or mental disability.
Contributions
Financial and non-financial contributions.
Pensions
Relevant pension-loss considerations.
Children
The welfare and financial needs of children under the statutory framework.

Important Jurisdiction Warning

This page covers England and Wales. Scotland and Northern Ireland use different divorce and financial-settlement systems.

Frequently Asked Questions (6 FAQs)

The no-fault divorce process described on this page is the England and Wales process. Scotland and Northern Ireland have different divorce procedures and financial-remedy frameworks.

For divorce applications issued under the post-6 April 2022 system, you must wait at least 20 weeks after the application is issued before applying for a conditional order. You must then normally wait at least 43 days (6 weeks and 1 day) after the conditional order before applying for the final order. These are minimum statutory stages, not a guaranteed total completion time.

Form E is a financial statement used to provide detailed financial disclosure in financial-remedy proceedings. It covers matters such as property, savings, investments, pensions, income and liabilities. Form E does not itself divide assets or create the final settlement.

Under section 25 of the Matrimonial Causes Act 1973, the court must consider all the circumstances of the case, including each party's income and financial resources, needs, standard of living, age and duration of the marriage, disability, contributions and relevant pension issues. There is no automatic rule that every case must end in a 50/50 split.

If both parties agree how finances should be dealt with, they can apply for a consent order so the agreement becomes legally binding once approved by the court. Form D81 provides information to help the court assess whether the agreed arrangements are fair. If the parties cannot agree, financial-remedy proceedings can involve Form A, Form E, a first appointment, an FDR appointment and, if necessary, a final hearing.

It is generally sensible to deal with the financial order before applying for the final order. GOV.UK warns that dealing with finances after the final order can have financial consequences, particularly regarding pensions. The financial order only takes effect after the final order has been made.
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Official Court Resources

Check the current GOV.UK and HMCTS divorce and financial-remedy guidance before filing. Divorce and financial-settlement cases can be fact-sensitive, so regulated family-law advice may be appropriate.