Capitol Family Mediation Hammersmith and Fulham

The court process is broken down into three main stages, with two mandatory waiting periods in between.

Stage 1: The Application

Eligibility – You must have been married for at least one year and confirm that the marriage has irretrievably broken down.

Filing – An application for divorce is filed online or by post (Form D8), either as a Sole Applicant or as a Joint Application with your spouse. The court fee (currently £593) must be paid or covered by the Help with Fees scheme.

Service – The court issues the application and formally sends a copy to the other party (the Respondent). The Respondent must confirm receipt by completing an Acknowledgement of Service within 14 days (this step is not required for joint applications).

Stage 2: The Mandatory Reflection Period

Duration: There is a mandatory 20-week waiting period starting from the date the application is issued. This time is designed for reflection and for the couple to make practical arrangements for their separation, including finances and children.

Action During This Time: You should use this period to:

Attend a Mediation Information and Assessment Meeting (MIAM) if you need help agreeing on arrangements.

Negotiate and draft a legally binding Financial Consent Order (see point 3).

Finalise arrangements for children (Child Arrangements Orders).

Stage 3: The Conditional Order (formerly Decree Nisi)

Application: After the 20-week period has passed, the Applicant (or both parties in a joint application) can apply to the court for a Conditional Order.

Court Approval: The court reviews the application. If satisfied that the legal requirements have been met and the marriage has broken down, the Conditional Order is granted. This confirms the court agrees you are entitled to divorce.

Wait Period: A further minimum wait of six weeks and one day is required after the Conditional Order is granted before you can apply for the Final Order.

Stage 4: The Final Order (formerly Decree Absolute)

Final Step: Once the second waiting period has expired, the Applicant (or the Respondent after a further delay) can apply for the Final Order.

Marriage Dissolved: The court grants the Final Order, which legally ends the marriage. You are then free to remarry.

Crucial Note on Finances: The divorce process does not automatically resolve financial matters. It is essential to obtain a separate, legally binding Financial Consent Order before applying for the Final Order, or your financial claims against each other remain open indefinitely.