Saying farewell to a serious relationship is stressful and emotional. The last thing you want is an extended legal process to begin the next chapter of your life. Over the past few years, we’ve seen changes in how divorce proceedings play out, including one of the biggest transformations in recent times.
Analysing the latest changes to divorce in England and Wales helps us see what the process looks like and what it means for couples who feel they have reached the end of the road.
Here’s a breakdown of the biggest changes to the legal system of divorce today, with insights from Amanda Rimmer, our Director and Senior Solicitor at VM Family Law.
The latest changes to divorce proceedings and their impact
Divorce proceedings have seen the biggest shakeup of modern times. The Divorce, Dissolution and Separation Act 2020 is the centre of this transformation. On the other hand, it’s not the only change made to the system, and there are still questions regarding its long-term impact.
The Divorce, Dissolution and Separation Act 2020
The most transformative change to divorce proceedings arose with the passing of the Divorce, Dissolution and Separation Act 2020. It effectively removed many of the administrative complications from divorce and reduced the frequency of confrontation.
Previously, couples had to assign blame and level allegations about affairs, behaviour, desertion or having been separated for some years. There was no easy option of divorcing when the relationship had come to the end of the road and just ended.
With the shift to the no-fault divorce system, couples only need to confirm that the marriage has broken down with no hope of resolution. In 2023,74.2% of divorces and 67.9% of dissolutions were granted under this act.
On paper, it’s true that this is a big step forward in reducing conflict and supporting families as they move on to the next phases of their lives. At VM Family Law, though, we know this isn’t always the case, as the emotional turmoil of filing for divorce still presents challenges for couples.
No-fault divorce doesn’t remove the need to deal with challenging issues like:
· Finances
· Property
· Pensions
Each of these subjects can be highly charged amongst couples in the middle of a divorce. That’s why even though the law has removed barriers to reduce conflict, the actual impact on the ground is far more nuanced.
Sole divorce applications vs. joint divorce applications
The second biggest change is that couples have a choice between a sole divorce application and a joint one. The purpose behind this was to encourage more cooperative approaches, ensuring both parties are on the same page, with equality in the process.
In principle, it makes perfect sense. Despite that, sole applications remain the dominant type. According to the latest family court statistics, only 27% of divorces involved a joint application.
Why is there such a split? Streamlined divorces require an immense level of cooperation between the couple. Agreement and cooperation when filing a joint application doesn’t have any bearing on whether cooperation continues throughout the whole process. If it doesn’t continue, it will not stop the divorce but it will require more steps, time and cost.
The truth is that joint applications can become much harder to manage if the spirit of cooperation breaks down later, such as when dividing assets or dealing with the arrangements for children. For many couples, making a sole application is still the most preferred option.
No-fault divorce timing
No-fault divorce has streamlined the process, but it hasn’t changed the fact that there’s still a waiting period before you’re actually divorced.
Applicants are required to wait for 20 weeks from their application issue date to be able to apply for a conditional order. The move from conditional order to final order then requires a minimum of six weeks. This means that from beginning to end the process can take at least 6 months if all runs smoothly.
Our legal experts at VM Family Law find that this minimum framework isn’t necessarily what happens in reality. If we look at the statistics, the average timelines are longer than the legal minimum. In fact, the family court data from April to June 2025 show that divorces are actually taking longer.
The average time from the date of application to obtaining a conditional order was 41 weeks, which is one week slower year-on-year. The average time from making an application to receiving a final order was 69 weeks, a year-on-year increase of six weeks.
In other words, couples can expect to have to wait to be divorced taking more than double the legal minimum.
It represents a serious issue as families are living with more uncertainty than ever. Their wait can be due to delays within the Family Court in resolving disputed financial settlements, preventing them from financially moving on. Whilst issues surrounding the arrangements for children will not hold up a divorce, those same court delays also prevent parents moving on emotionally as these are in limbo.
Digitalisation of divorce
How people engage with the divorce process has also changed. Digitalising the divorce process has allowed people to start the process themselves online, anytime and anywhere. Currently, the cost of divorce applications is set at £612, and if everything is to hand it takes a relatively short time period to complete the application form and get the process started.
It’s a positive for couples with no assets to split, as all unnecessary barriers have been removed. On the other hand, it creates a false impression because it doesn’t account for the financial and legal consequences that divorces bring.
At VM Family Law, many of our clients have started the application themselves only to realise they need help dealing with assets, children, financial orders and more. By that point, many of the important conversations may have already occurred, with attitudes hardening or important time lost in being able to action things. In other words, unpicking these issues is often much harder when people have attempted a DIY divorce.
Key takeaway – Simpler divorces don’t lead to simpler outcomes
The changes we’ve seen over the past few years in the divorce process have made matters less complicated than before. A core theme, though, is that with accessibility comes an incorrect view of how charged and difficult divorces can be.
Ending your marriage legally through a simple online process doesn’t mean you’re free of financial claims. It’s a distinction that’s easy to miss but is so important in achieving the clean break you’re looking for.
Ending a marriage does not end the financial claims and it is really important that those claims are ended formally, to provide protection in the future. Those claims can be actioned later, sometimes years later causing massive worry at a point where there was a belief that everything was over and sorted.
VM Family Law strongly recommends that even for those doing their own divorces it is important to get some good initial advice about the other aspects of separating so that there is awareness of options, and action needed.
The key takeaway is simple. Getting a straightforward outcome is always more likely if you have a legal professional by your side from the very beginning.
What we expect to see in family law and divorce in 2026
In 2026, England and Wales will see more of the same. Expect a relatively straightforward application process coupled with expert legal advice. However, this is paired with a family justice system that’s under ongoing strain due to case backlogs, resulting in slower decisions and more stress for families.
Court delays
Court delays remain a real problem, with cases building up into enormous backlogs, particularly in cases involving financial orders and children. According to government figures from July to September 2025, private law Children Act cases needed an average of 36 weeks to process. Plus, there were 12,634 financial remedy applications, which is a year-on-year increase of 7%.
With little prospect of the situation getting better, 2026 will be a year where families continue to feel stressed, even though filing a divorce application has never been simpler. Ultimately, continuing uncertainty will cause more families to be left in limbo when dealing with decisions involving:
· Schooling
· Budgeting
· Housing
· Medical decisions
And although hiring a divorce solicitor can avoid unnecessary delays, there’s little that can be done from the client’s side to accelerate the process further.
Legal advice later in the divorce process
The simplification of the divorce process is also expected to continue the growing trend of seeking legal advice after they’ve already initiated their application online. According to a government report, over 500,000 divorce applications have been filed online since 2019.
The problem is that we’re seeing clients turn to legal experts after key discussions and agreements have already been made. Where your assets and children are concerned, legal advice should come before you even start worrying about the application.
However, we’re also increasingly seeing more divorcing couples failing to consider legal representation at all. According to an older 2020 study, 57% of divorcing couples between 2015 and 2020 avoided any legal advice.
In one case, we saw a scenario where a wife took legal representation, and the husband didn’t, while battling over a maintenance payment. His desire to be compliant, to “just get it over with” and to avoid disrupting his relationship with his children led to the order going against him, costing him far more in the long run than a free consultation with a lawyer would have.
In another, we saw a divorced husband wanting representation in court concerning a financial settlement case following a divorce which took place more than a decade ago because his former wife, since married again, was wanting a share of what was their family home.
At VM Family Law there are many examples of problems that could be avoided with good legal advice.
Where further reform in the divorce process is needed
No-fault divorce has simplified the divorce process, even though it has had unintended consequences for couples, especially relating to DIY divorces. Within legal circles, there are still discussions over how to modernise the system further.
For example, the financial settlements framework still relies on legislation under the Matrimonial Causes Act 1973. Courts have developed principles over time, but there remains serious debate about whether the law reflects the realities of modern relationship structures.
Speaking of which, cohabitation continues to attract attention. Today, there are 3.5 million cohabiting couples, up from 3.1 million in 2024, which is just under one in five families. Yetthe law doesn’t actually provide the same legal protections as married couples who separate, which can cause serious problems in achieving equitable outcomes post-separation.
There are many examples of committed couples living together for many years but without legally formalising those relationships during which assets have been acquired like a family home, but if there is no legal ownership it is very difficult for those assets to be shared leading to massive financial inequality between them.
Family law continues to evolve in England and Wales, but the advice remains the same. The first step in protecting your legal rights, preserving more of your assets, and preventing unnecessary delays is to seek legal advice. If you need support during your divorce, contact VM Family Law now.