Frequently Asked Questions 

How much does a divorce cost?
The cost of divorce in England and Wales can vary depending on the circumstances and the level of legal support required.
 
The court fee to apply for a divorce is currently £593 (subject to change by HMCTS). Some people may qualify for assistance through the Help With Fees scheme depending on their financial circumstances.
If both parties are able to cooperate and reach agreement on finances and arrangements for children, the overall cost can remain relatively low. However, where financial matters are disputed and court proceedings are required, legal costs can increase significantly.
 
Many people choose to represent themselves in divorce or family court proceedings, particularly where they wish to keep legal costs manageable. In these situations, some individuals seek practical support from a McKenzie Friend to help them understand the process, prepare documents and organise their case.
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Every situation is different, so the overall cost will depend on the complexity of the issues involved and the level of support required.

Is it cheaper to represent yourself in divorce?
Many people now choose to represent themselves in divorce and family court proceedings, particularly where legal costs are a concern. This is known as being a Litigant in Person.
Legal fees in financial remedy cases can become very expensive, especially where solicitors and barristers are involved throughout the process. By representing themselves, some individuals are able to significantly reduce these costs.
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However, the court process can still feel complex and unfamiliar, particularly when preparing documents, organising financial disclosure or attending hearings.
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For this reason, some people choose to work with a McKenzie Friend, who can provide practical guidance and support throughout the process. This may include helping you understand the court process, preparing documents, organising evidence and supporting you during court hearings.
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While a McKenzie Friend does not act as a legal representative or provide formal legal advice, many clients find that this structured support helps them navigate proceedings more confidently while keeping costs manageable.

Do I need a reason to get divorced in England and Wales?
No. Since April 2022 the law allows “no-fault divorce.” This means you no longer need to prove adultery, unreasonable behaviour or separation. Instead, one or both spouses simply state that the marriage has irretrievably broken down.

How long does a divorce take?
A divorce usually takes around 6–7 months from the date the application is submitted to the Final Order being granted. The process includes a mandatory 20-week reflection period before the Conditional Order can be applied for.

Can I get divorced without a solicitor?
Yes. Many people now complete the divorce process themselves using the online divorce application system. However, it is still important to deal with financial matters separately through a court order to avoid future claims.

Does divorce automatically deal with finances?
No. Divorce only ends the marriage itself. Financial claims between spouses remain open unless they are resolved through a Financial Consent Order or Financial Remedy proceedings.

What is the difference between a Conditional Order and a Final Order?
The Conditional Order confirms that the court sees no reason why the divorce cannot proceed.
The Final Order legally ends the marriage.

What is a Financial Consent Order?
A Financial Consent Order is a legally binding court order that records the financial agreement reached between divorcing spouses. Once approved by the court, it formally resolves financial claims and prevents future disputes.

Do we need a Consent Order if we have already agreed everything?
Yes. Even if you agree everything amicably, the agreement is not legally binding unless it is approved by the court. Without a Consent Order, financial claims can remain open indefinitely.

What financial issues can the court decide in divorce?
The court can make decisions about:

• The family home and other property

• Savings and investments

• Pension sharing

• Lump sum payments

• Spousal maintenance

• Responsibility for debts

The court aims to reach a fair outcome based on both parties’ needs and circumstances.

What happens if we cannot agree on finances?
If an agreement cannot be reached, either party can start Financial Remedy proceedings by submitting Form A to the court. The case then progresses through several hearings where the court helps the parties negotiate or ultimately makes a decision.

What is an FDR hearing?
An FDR (Financial Dispute Resolution) hearing is a negotiation hearing where the judge gives guidance on what outcome might be considered fair. Many financial cases settle at this stage.

How long do financial proceedings take?
Financial remedy cases typically take 9–18 months, depending on the complexity of the finances and the court timetable.

What is a clean break order?
A clean break order ends financial claims between spouses so neither party can make future financial claims against the other.

What is a Child Arrangements Order?
A Child Arrangements Order is a court order that sets out where a child will live and how they will spend time with each parent following separation.

Does this replace custody orders?
Yes. Child Arrangements Orders replaced the older terms custody, residence and contact orders. The modern system focuses on the child’s welfare and maintaining relationships with both parents where appropriate.

What is the difference between a “Lives With” order and shared care?
A Lives With Order usually means the child primarily lives with one parent while spending time with the other.
A shared care arrangement means the child spends substantial time living with both parents. This does not always mean equal time but reflects shared parenting responsibilities.

Do I have to go to mediation before applying to court?
In most cases parents must attend a Mediation Information and Assessment Meeting (MIAM) before making a court application unless an exemption applies, such as domestic abuse or urgency.

How do I apply for a Child Arrangements Order?
Applications are made using Form C100 and submitted to the Family Court. The current court fee is £263.
What happens after the application is submitted?
After the application is issued:

1. CAFCASS carries out safeguarding checks

2. The court lists a First Hearing Dispute Resolution Appointment (FHDRA)

3. The court may order reports or further evidence if needed

4. If agreement cannot be reached, the case may proceed to a final hearing

What does the court consider when deciding arrangements for children?
The court applies the Welfare Checklist under the Children Act 1989. The child’s welfare is always the court’s primary consideration.

What is a McKenzie Friend?
A McKenzie Friend is someone who provides support to individuals representing themselves in court. This can include assistance with preparing documents, organising evidence, taking notes during hearings and helping you understand the court process.

Can a McKenzie Friend speak in court?
Generally, a McKenzie Friend does not address the court or act as a legal representative. Their role is to provide support and assistance while the client presents their own case.

How can a McKenzie Friend help me?
A McKenzie Friend can help you:

• Understand the court process

• Prepare documents and statements

• Organise evidence and financial disclosure

• Prepare for hearings

• Provide calm and practical support during proceedings

Is using a McKenzie Friend cheaper than a solicitor?
Yes. Many people choose to represent themselves with the support of a McKenzie Friend because it can significantly reduce legal costs while still providing guidance and structure throughout the process.

What is a Non-Molestation Order?
A Non-Molestation Order is a court order designed to protect someone from harassment, threats, intimidation or abuse from a person they are in a family or domestic relationship with.
The order can prohibit the other person from contacting you, approaching your home, workplace or children, or engaging in behaviour that amounts to harassment or abuse.
Breaching a Non-Molestation Order is a criminal offence and can result in arrest.

Who can apply for a Non-Molestation Order?
You can apply for a Non-Molestation Order if you are considered an “associated person” under the Family Law Act 1996. This usually includes people who are:

• married or formerly married

• civil partners or former civil partners

• in a relationship or former relationship

• living together or who previously lived together

• parents of the same child

• close family members

The order is intended to provide protection within family or domestic relationships.

How do I apply for a Non-Molestation Order?
Applications are made to the Family Court using Form FL401.
In many cases the applicant will also need to provide a supporting witness statement explaining what has happened and why protection from the court is required.
In urgent situations, it is sometimes possible to apply without notifying the other person first, known as a “without notice” application.

What happens after a Non-Molestation Order is granted?
If the court grants the order, it will usually remain in place for a specified period of time, commonly 6–12 months, although this can vary depending on the circumstances.
The order must be served on the respondent (the person the order is made against) before it becomes enforceable.
If the order is breached, the police can arrest the person responsible.

What is an Occupation Order?
An Occupation Order regulates who can live in the family home or enter the surrounding area. It can require one person to leave the property or prevent them from returning.
Occupation Orders are often used alongside Non-Molestation Orders where there are concerns about safety or conflict within the home.

Can an Occupation Order make someone leave the family home?
Yes. In certain circumstances the court can order that one person must leave the property and cannot return for a period of time.
These decisions are taken seriously by the court and will depend on factors such as housing needs, financial resources and the welfare of any children involved.

How does the court decide whether to make an Occupation Order?
When deciding whether to grant an Occupation Order, the court considers several factors including:

• the housing needs of both parties

• the financial resources available to them

• the likely effect of the order on each party

• the safety and wellbeing of any children involved

The court may also consider whether harm is likely to occur if the order is not made.

How long do Non-Molestation and Occupation Orders last?
Non-Molestation Orders commonly last 6–12 months, although they can sometimes be extended.
Occupation Orders are usually made for a shorter period, often between 6 months and 1 year, depending on the circumstances.

Can these orders be made urgently?
Yes. In urgent situations, the court can make orders without notice, meaning the respondent is not informed before the initial hearing.
A further hearing will normally take place shortly afterwards where both parties have the opportunity to attend court.

Do I need a solicitor to apply for these orders?
Many people apply for Non-Molestation and Occupation Orders without a solicitor, particularly where legal aid is not available.
However, the application process can still feel complex, and preparing a clear statement explaining the circumstances is an important part of the process.

Can a McKenzie Friend help with Non-Molestation or Occupation Order applications?
A McKenzie Friend can provide practical support if you are representing yourself in court. This may include helping you organise your application, preparing your statement, understanding the court process and supporting you during hearings.
While a McKenzie Friend cannot act as a legal representative or give formal legal advice, many people find that having structured support makes the process easier to navigate.