Family Law
Divorce Barristers
Advice on no-fault divorce, timing the final order, and sorting out money and children alongside the divorce itself.
Takes about 2 minutes. No obligation.
Barristers regulated by the Bar Standards Board
Since 6 April 2022, divorce in England and Wales has been governed by the Divorce, Dissolution and Separation Act 2020. Nobody has to prove adultery, behaviour or a period of separation any more. The applicant, or both spouses applying jointly, simply state that the marriage has broken down irretrievably, and the court must accept that statement as conclusive. You can apply once you have been married for at least a year, and the application is usually made online through the HMCTS divorce service. The court fee is currently £628, and help with fees may be available on a low income.
The process runs on a fixed timetable. After the application is issued, the other spouse is sent an acknowledgement of service to complete within 14 days. The court then makes you wait at least 20 weeks from issue before you can apply for a conditional order, a period intended to give time for reflection and for practical arrangements to be discussed. Once the conditional order is pronounced, a further six weeks and one day must pass before the final order can be applied for. It is the final order that legally ends the marriage.
A divorce can now be defended only on narrow grounds, such as the court lacking jurisdiction, the marriage not being legally valid, or it having already been ended. In practice, most of the legal risk in a divorce lies elsewhere: in when to apply for the final order, in whether the financial claims have been dealt with in a binding court order, and in how the arrangements for children will work. Applying for the final order before the finances are resolved can, for example, end your entitlement to benefits under your spouse's pension if they die before a settlement is reached.
Most people can complete the divorce paperwork themselves. Where a Direct Access Barrister adds value is in advising on jurisdiction where one spouse lives abroad, on the order in which to take each step, and on the financial and children issues that run alongside the divorce. Your Barrister advises and drafts; you submit the application and correspond with the court yourself, as Barristers do not conduct litigation unless separately authorised.
What Divorce Barristers Do
Strategic Divorce Advice
Before and during the divorce, your Barrister can advise on:
- Whether to make a sole or joint application
- Jurisdiction where either spouse lives or has assets abroad
- Recognition of an overseas marriage or divorce
- When to apply for the conditional and final orders
- Pension and inheritance risks of finalising too early
- The effect of remarriage on unresolved financial claims
Disputed or Unusual Divorces
Where the divorce itself is contested or delayed, help with:
- Responding to a challenge on jurisdiction or validity
- A spouse who will not return the acknowledgement
- Applications for alternative or deemed service
- Applying to dispense with service where a spouse cannot be traced
- Rescinding or setting aside an order made in error
- Competing proceedings started in another country
Drafting and Review
Your Barrister can prepare or check:
- The divorce application wording and jurisdiction basis
- Statements supporting service applications
- A consent order recording a financial agreement
- Separation agreements made before the divorce
- Letters proposing how children will divide their time
- Position statements for any hearing
Your Barrister drafts and advises. You submit the application, respond to the court and serve documents yourself.
Your Role
As a Direct Access client you:
- Submit the application online and pay the court fee
- Provide your marriage certificate or a certified translation
- Keep track of the 20-week and six-week waiting periods
- Apply for the conditional and final orders when advised
- Forward court notifications to your Barrister promptly
- Keep a copy of the final order for banks, pensions and HMRC
How Direct Access Works
- 1
Jurisdiction and Strategy
Your Barrister checks that the courts of England and Wales have jurisdiction, considers whether a joint or sole application suits you, and maps out how the divorce, the finances and any children issues should be sequenced.
- 2
Issuing the Application
You submit the application through the HMCTS online service, or on the paper form D8, and pay the fee. The court issues it and, in a sole application, sends it to your spouse with an acknowledgement of service.
- 3
The 20-Week Period
This is usually the best window to negotiate the finances and arrangements for children. Your Barrister can advise on disclosure, proposals and whether mediation or a financial application is appropriate.
- 4
Conditional Order
After 20 weeks you confirm you wish to continue and apply for the conditional order. A judge or legal adviser checks the papers and, if satisfied, the court pronounces it on a set date. A conditional order is also the point from which a financial consent order can be made.
- 5
Deciding When to Finalise
Six weeks and one day after the conditional order you can apply for the final order. Your Barrister advises whether to wait until a financial order is approved, particularly where pensions, life cover or inheritance are involved.
- 6
Final Order and Afterwards
Once the final order is made you are divorced. Your Barrister can advise on updating your will, as divorce affects gifts to a former spouse, and on any outstanding financial or children applications.
Does your case qualify for Direct Access?
Tell us about your matter and we'll confirm whether you can instruct a Barrister directly, then match you with the right specialist.
Prefer to talk? Call 0800 302 9921. Lines open 8am to 8pm, same-day callback.
Frequently Asked Questions
Can my spouse stop the divorce?
Not by disagreeing that the marriage is over. Under the no-fault system the statement of irretrievable breakdown is conclusive. A spouse can only dispute the divorce on limited legal grounds, for example that the court has no jurisdiction, that the marriage was not valid, or that it has already been dissolved.
Should I apply for the final order straight away?
Often not, if the finances are unresolved. Once the final order is made you stop being a spouse, which can affect widow's or widower's pension benefits, intestacy rights and some insurance. Many advisers recommend waiting until the court has approved a financial order. If you wait more than 12 months after the conditional order, you will need to explain the delay when you apply.
Does the divorce deal with money and property?
No. The divorce ends the marriage but does not end financial claims between you. Those remain open until a court makes a financial order, either by consent or after contested financial remedy proceedings. Without that order, a former spouse can in principle bring a claim years later.
What if my spouse does not respond?
If the acknowledgement of service is not returned, you can arrange personal service by a process server or another adult, or apply for deemed, alternative or dispensed service if you can show the papers have reached your spouse or that they cannot be found. Your Barrister can draft the supporting statement for that application.
We married abroad or one of us lives overseas. Can we divorce here?
Possibly. Jurisdiction depends on habitual residence and domicile rather than where you married. If the other spouse could start proceedings in a different country, the choice of country can affect the financial outcome, so it is worth taking advice early before either of you issues.
Is a joint application better than a sole one?
A joint application can lower the temperature and avoids one spouse being cast as the respondent, but both of you must cooperate at each stage, and either can switch to a sole application for the final order. A sole application keeps control with the applicant. Which suits you depends on how communication between you is working.
Can a Barrister handle my divorce without a Solicitor?
Yes, for most divorces. Through Direct Access your Barrister advises and drafts while you submit forms and deal with the court. Where there is likely to be heavy correspondence, international service or urgent steps that need a litigator, your Barrister will tell you if instructing a Solicitor as well would be sensible.
What does Barrister advice on a divorce cost?
Fixed fees, agreed up front. Advice starts from £250 and court representation from £850, with a clear quote before any work begins.
Get the Timing of Your Divorce Right
Speak to a family Barrister about jurisdiction, the final order and protecting your financial position.
Or call us: 0800 302 9921. Lines open 8am to 8pm, same-day callback.