Divorce Solicitors

Deciding to end a marriage is one of the most significant decisions you’ll ever make, and the legal process that follows can feel overwhelming. Whether you’re starting proceedings, responding to an application from your spouse, or simply trying to understand your options, our divorce solicitors are here to guide you with clear, practical advice at every stage.

At SMR Solicitors, our family law team supports individuals across Chichester, Bognor Regis, East Wittering, Selsey, and the wider West Sussex area through all aspects of divorce and separation. We take the time to listen, explain your options in plain English, and work with you to protect your interests and those of your children.

Since 6 April 2022, the divorce process in England and Wales changed significantly following the introduction of no-fault divorce under the Divorce, Dissolution and Separation Act 2020. You no longer need to prove that your spouse did something wrong. Our team will help you navigate the updated process from the outset, so you can focus on what matters most.

Our divorce advice services include:

Initiating and responding to divorce proceedings
Financial settlements following divorce
Child arrangements on divorce
Separation agreements
Civil partnership dissolution
Prenuptial and postnuptial agreements
High net worth divorce
Military divorce

Speak to our divorce solicitors in West Sussex

To discuss your situation and find out how we can help, please get in touch with one of our divorce solicitors today.

How the no-fault divorce process works

Since 6 April 2022, couples in England and Wales can divorce without the need to prove fault. Under the Divorce, Dissolution and Separation Act 2020, you simply need to confirm that the marriage has irretrievably broken down. There is no longer any requirement to prove adultery, unreasonable behaviour, or separation periods.

Sole applications

If you’re applying alone, you are the applicant and your spouse is the respondent. Your spouse is notified of the application and can acknowledge it, but they cannot contest the divorce simply because they don’t agree with the decision to separate.

Joint applications

You and your spouse can apply together as joint applicants. This is often the preferred route where both parties are in agreement, as it can reduce conflict and keep the process as constructive as possible.

The 20-week reflection period

After the application is submitted, there is a mandatory 20-week waiting period before you can apply for a conditional order. This is built into the process to allow both parties time for reflection before proceedings advance.

Conditional order and final order

Once the 20-week period has passed, you can apply for a conditional order, which is the court’s formal recognition that you’re entitled to a divorce. At least six weeks after the conditional order is granted, you can apply for the final order, which legally ends the marriage. We strongly advise against applying for the final order until any financial arrangements have been agreed and recorded in a court order, as doing so too early can affect pension and inheritance rights.

Who can apply for a divorce in England and Wales?

To apply for a divorce in England and Wales, the following requirements must be met:

You must have been married for at least one year.
At least one of you must be habitually resident in England and Wales, or domiciled here.
The court must recognise your marriage as legally valid.

If your marriage took place abroad, you may still be eligible to divorce in England and Wales, provided these conditions are satisfied.

What happens alongside the divorce?

The divorce process itself deals only with legally ending the marriage. It doesn’t automatically resolve arrangements for your finances or children. These are separate but equally important matters, and we strongly recommend addressing them at the same time as the divorce.

Financial settlements

Reaching a fair financial settlement is one of the most significant parts of any divorce. This covers the division of the family home, savings, investments, and other assets. We can help you negotiate a settlement directly with your spouse, or make a formal court application where agreement isn’t possible. Any settlement should be recorded in a consent order to make it legally binding and enforceable.

Arrangements for children

If you have children, decisions about where they’ll live, the time they spend with each parent, and their education all need to be resolved. Where possible, we encourage parents to reach arrangements directly, as this is usually better for everyone and avoids the stress of court proceedings. Where agreement isn’t possible, we can advise on applying for a child arrangements order.

Pension sharing

Pensions are often the most valuable asset in a marriage after the family home, yet they’re frequently overlooked. Dividing pensions on divorce can be complex and may involve pension sharing orders or pension offsetting. We work closely with financial advisers where needed to ensure pension arrangements are fair and properly documented.

How long does a divorce take?

The minimum timeframe for a no-fault divorce is around six months, due to the mandatory 20-week waiting period and the six-week gap between the conditional order and final order. In practice, many divorces take longer, particularly where financial arrangements or child-related matters need to be resolved at the same time. We’ll give you a realistic estimate based on your circumstances from the outset.

How much does a divorce cost with a solicitor?

The cost of a divorce depends on the complexity of your case and the level of involvement required from your solicitor. The court fee for a divorce application is currently £593. Our legal fees are in addition to this and will vary depending on whether your case is straightforward or involves contested financial or children matters. We’ll provide clear cost information from the outset so there are no surprises along the way.

Do you need a solicitor to get divorced?

You’re not legally required to instruct a solicitor to apply for a divorce, but having one can make a significant difference. Mistakes made during the process, such as applying for the final order before financial arrangements are in place, can have long-term consequences that are difficult and costly to undo. Our solicitors can handle as much or as little of the process as you need, from full representation to targeted advice at key stages.

Frequently asked questions about divorce

What are the grounds for divorce in the UK?

Since 6 April 2022, there is only one ground for divorce in England and Wales: that the marriage has irretrievably broken down. You no longer need to prove fault or assign blame. This change was introduced by the Divorce, Dissolution and Separation Act 2020.

Can my spouse refuse the divorce?

Under the no-fault regime, your spouse cannot prevent a divorce from proceeding simply because they disagree with the decision to separate. A respondent can acknowledge the application but has very limited grounds on which to contest it, such as disputing whether the court has jurisdiction.

How long does a no-fault divorce take from start to finish?

The minimum timeframe is around six months, due to the 20-week waiting period and the six-week gap between the conditional order and final order. Where financial or children matters are also being resolved, the overall process is likely to take longer.

Can I get divorced if I was married abroad?

In many cases, yes. If at least one of you is habitually resident in England and Wales, or domiciled here, the courts will generally have jurisdiction to deal with the divorce. We can advise you on whether your specific circumstances meet the eligibility requirements.

Do I have to go to court for a no-fault divorce?

Most no-fault divorces are handled through an online portal and don’t require you to attend court in person. Attendance is generally only necessary if there’s a contested financial settlement or disputed child arrangements matter.

What is the difference between a conditional order and a final order?

A conditional order (previously known as a decree nisi) is the court’s formal recognition that you meet the requirements for a divorce. A final order (previously called a decree absolute) is the document that legally ends the marriage. There must be at least six weeks between the two.

Can I use the same solicitor as my spouse?

A solicitor cannot act for both parties in a divorce, as they have a duty to act in their own client’s best interests, and those interests may conflict. Each spouse should instruct their own solicitor. However, it’s possible for both parties to use mediation or collaborative approaches to resolve matters constructively alongside their respective solicitors.

How soon after marriage can I apply for divorce?

You must have been married for at least one year before you can apply. If you’ve been married for less than a year, a separation agreement may be a useful interim step to formalise arrangements while you wait.

Why choose SMR Solicitors for your divorce?

Our family law team, including Ruth Harding, Charlotte Attwood, and Sara Fildes, brings experience, sensitivity, and practical legal knowledge to every case we handle.

We understand that divorce is rarely just a legal matter. It’s a life-changing process, and we take the time to understand your situation, explain your options in plain English, and support you at every stage. With offices across West Sussex in Bognor Regis, Chichester, East Wittering, and Selsey, we’re accessible to clients throughout the region. We offer appointments by phone, video, and in person to suit your needs and circumstances.