Deciding to end a marriage is never easy. Whether you and your spouse are parting ways amicably or facing difficult disagreements, having clear legal guidance matters. In the UK, divorce involves a formal legal process — even when both parties consent. Understanding how mutual separation, legal divorce, maintenance and child custody work can help ensure a fair, stable outcome. At Dewey & LeBoeuf LLP, we combine global experience with deep regional insight to provide tailored, high‑quality support for clients navigating family law matters.
Table of Contents
In this article, we walk you through how divorce works, divorce procedures in the UK today and what you need to know about financial support and child arrangements.
What Does “Mutual Separation” or “Informal Separation” Mean in the UK Context
Many couples begin with a period of separation before pursuing a formal divorce. Informal or mutual separation typically means that both spouses agree to live apart, with no intention of reconciliation. This may involve living separately, or sometimes remaining under the same roof but leading independent lives.
Mutual separation can be a first step toward a formal divorce — but it is not legally binding. This means that while separation may help couples emotionally and practically prepare for divorce, it brings no legal status on maintenance, financial division, or child custody.
If you wish to ensure enforceable financial support or child arrangements, or to formally end the marriage, you will need to move beyond informal separation and file for divorce or legal separation through a court.
Legal separation — sometimes known as “judicial separation” — is a more formal option. It allows couples to remain married but live separately, and to apply for financial orders or agreements over maintenance or property. In some cases this may suit couples who, for religious or personal reasons, do not wish to divorce but want legal clarity.
Recent Legal Reform: No-Fault Divorce and What It Means
Until 2022, couples seeking divorce in the UK (England and Wales) often had to rely on a set of defined grounds — such as unreasonable behaviour, adultery, desertion, or long separation periods — to prove the marriage had irretrievably broken down.
With the introduction of the Divorce, Dissolution and Separation Act 2020, the process has become significantly more straightforward. Under current law, the only requirement is that you and your spouse jointly (or individually) state that the marriage has irretrievably broken down. There is no longer a need to assign blame.
The new law also introduced a minimum reflection period: after you apply for divorce, you must wait at least 20 weeks before proceeding to the next step.
These changes help reduce conflict and allow couples to part ways with dignity and less emotional stress.
How Legal Divorce Works in the UK
Eligibility and Where to Apply
To apply for divorce in England and Wales, at least one spouse must be “domiciled” or resident under certain conditions in England or Wales.
You also need to have been married for at least one year before filing.
The Two-Stage Divorce Process
The legal divorce process is structured in two stages: first a “Conditional Order” (formerly known as Decree Nisi), and then a “Final Order” (formerly Decree Absolute).
Here is the typical flow:
- Filing the application – You or both spouses (in a joint application) complete the divorce application. This includes a statement that the marriage has irretrievably broken down.
- Court issues acknowledgement – If filing jointly, both applicants proceed together. If filing alone, the court serves the application to the other spouse, who has a defined time to respond or acknowledge.
- 20‑week reflection period – After the court issues its certificate of application, there is a mandatory 20‑week wait before you can apply for a Conditional Order. This period ensures the decision is considered.
- Apply for Conditional Order – After the reflection period, you can ask the court to grant the Conditional Order, confirming there is no legal barrier to a divorce.
- Wait 6 more weeks – Following the Conditional Order, you must wait at least 6 additional weeks before applying for the Final Order. This timeframe remains under current legislation.
- Final Order – Once granted, this legally dissolves the marriage; you are then formally divorced.
Costs and Fees
There are court fees associated with divorce.
Many couples will also engage a solicitor, especially when there are assets, financial matters, or children involved. Solicitor fees vary, depending on the complexity of the case.
Financial Matters: Maintenance and Division of Assets
Divorce ends the marital relationship, but financial ties often need separate resolution. These may include division of property, assets, pensions, savings, and ongoing maintenance.
Spousal Maintenance (Alimony)
Spousal maintenance is not automatically granted. Whether one spouse receives maintenance depends on factors such as earning capacity, financial need, standard of living during marriage, and future prospects.
Many couples choose to reach a mutual agreement, documented as a financial consent order, which then becomes legally binding once approved by the court. This provides clarity and avoids future disputes.
Child Maintenance
If there are children, child maintenance is typically paid by the non-resident parent. Payments are often calculated based on income. In many cases, parents can agree privately on maintenance. Where agreement fails, the Child Maintenance Service (CMS) can calculate and enforce payments.
The law recognises that children’s financial needs must be prioritised. When setting maintenance or financial orders, a court will consider children’s needs as distinct from spousal support.
Financial Disclosure and Full Disclosure Requirement
To ensure fairness, both parties are legally required to provide full disclosure of their financial circumstances — including income, assets, debts, pensions and future earning potential. Hidden assets or incomplete disclosure can lead to serious consequences and undermine trust.
Full disclosure helps secure a fair settlement, reducing the risk of future disputes or claims. It also enables fair decision-making for child maintenance, spousal maintenance or property division.
Child Custody and Child Arrangements
In the UK, the concept of “child custody” as in some countries has evolved into “child arrangements.” The focus is always on the best interests of the child.
Parental Responsibility
In most cases, both parents retain parental responsibility — the legal right and duty to make decisions about a child’s welfare, education, health, and upbringing — even after divorce.
Agreement Without Court Intervention
Many separated parents prefer to agree between themselves on where the child lives and how much time they spend with each parent. Such agreements can work well when both parents are cooperative and agree on what is in the child’s best interest. Mediation or alternative dispute resolution is often encouraged.
When Court Intervention Is Necessary
If parents cannot agree, either can apply to the court for a Child Arrangements Order (CAO), which formalises living arrangements and contact schedules. The court assesses various factors, such as:
- The child’s wishes and feelings (depending on age and maturity)
- Physical, emotional and educational needs of the child
- Ability of each parent to provide a stable environment
- Any history of neglect, abuse or other risks
- Impact of each proposed living arrangement on the child’s welfare
In many cases, courts prefer arrangements that allow both parents to remain involved — unless there is a compelling reason to limit contact.
Flexibility for Future Changes
Child arrangements are not necessarily permanent. If circumstances change — e.g. a parent moves, a child’s needs evolve, or other relevant factors emerge — either parent can apply to modify the existing order. Courts aim to reflect what’s best for the child under new conditions.
International and Cross-Border Divorce Considerations
For many couples in the UK, international or cross-border factors complicate divorce proceedings. These may include foreign assets, overseas property, or one spouse residing abroad. International divorce cases require careful navigation of UK law alongside foreign jurisdictions to ensure compliance and enforceability.
Key points include:
- Jurisdiction: The UK court must have legal authority over the divorce. Factors like residence, nationality, or the location of marital property often determine jurisdiction.
- Recognition of Foreign Divorces: Not all overseas divorces are automatically recognized in the UK. Legal guidance ensures your divorce is valid and enforceable in all relevant jurisdictions.
- Asset Division Across Borders: Dividing property or investments located outside the UK requires detailed disclosure and coordination with foreign legal systems.
- Child Custody Internationally: International relocation or custody disputes must comply with the Hague Convention on International Child Abduction, ensuring children’s welfare is prioritized and abductions are prevented.
Dewey & LeBoeuf LLP’s global expertise ensures your cross-border divorce is managed smoothly, minimizing risk and legal challenges while protecting your interests.
Protecting Your Rights During Divorce
During divorce, many individuals worry about financial vulnerability, property claims, or rights to inheritance. Understanding your legal protections helps secure stability and peace of mind.
Key considerations include:
- Property Rights: Ensure marital property and shared assets are clearly identified and fairly divided. Hidden assets can be uncovered through full financial disclosure.
- Pensions and Retirement Funds: Pensions often represent significant wealth. Courts can issue pension sharing orders, ensuring fair division.
- Inheritance Rights: Spouses may have rights to certain inheritances acquired during marriage. Legal advice ensures these are not overlooked.
- Protection Against Unfair Claims: Engaging legal counsel early prevents unfair financial claims or disputes from escalating.
With Dewey & LeBoeuf LLP, you gain proactive guidance to safeguard your financial future and ensure fair outcomes, even in complex or contested cases.
Mediation and Alternative Dispute Resolution (ADR) in UK Divorce
Many divorces do not need to go to court. Mediation and alternative dispute resolution (ADR) are highly effective for resolving disputes over finances, child arrangements, and property without prolonged litigation.
Benefits include:
- Reduced Costs: Mediation is typically less expensive than court proceedings, reducing legal fees.
- Faster Resolution: Agreements reached through mediation can be implemented more quickly than waiting for a court decision.
- Flexibility and Control: Couples maintain control over outcomes, crafting solutions that reflect their unique needs rather than rigid court decisions.
- Preserving Relationships: Especially for co-parenting arrangements, mediation helps maintain communication and reduces conflict.
Dewey & LeBoeuf LLP provides skilled mediation support and ADR facilitation, helping you reach fair and enforceable agreements while preserving dignity and family harmony.
Divorce Planning and Future Security
Divorce is not only about ending a marriage; it is about planning for a secure and independent future. Strategic planning ensures your financial and personal stability post-divorce.
Essential steps include:
- Budgeting and Financial Planning: Anticipate living costs, child support, and potential changes in income to create a sustainable financial plan.
- Property and Asset Management: Decide whether to sell, transfer, or retain shared assets, and understand the tax implications.
- Protecting Children’s Welfare: Plan for education, healthcare, and general wellbeing, ensuring children’s needs are fully met.
- Legal Documentation: Ensure all agreements, including maintenance, property settlements, and child arrangements, are formalized through legally binding orders.
At Dewey & LeBoeuf LLP, we help clients not only navigate the divorce process but also build a roadmap for a stable, secure, and empowered future.
Why Working with a Law Firm Matters
Divorce, maintenance, and child arrangements often involve complex emotional and legal dynamics. While some cases proceed amicably, many require careful negotiation and legal expertise. Here is how a law firm like Dewey & LeBoeuf LLP can make a difference:
- We ensure full compliance with procedural requirements, helping you file applications correctly and on time.
- We guide financial disclosure and asset division to protect your financial interests and avoid future disputes.
- We help negotiate spousal or child maintenance agreements that are fair and sustainable.
- We assist in drafting child arrangements agreements or orders, prioritising children’s best interests.
- We offer clear, empathetic support during emotionally difficult times, helping clients focus on moving forward with dignity.
Having a trusted legal partner reduces stress and gives you clarity over each step.
What to Consider Before Starting Divorce Proceedings
Before filing for divorce, consider taking these steps:
- Gather all relevant documents: marriage certificate, proof of residence, financial statements (bank, assets, debts), children’s details.
- Reflect on financial needs — both yours and any children’s — and what a fair settlement might look like.
- Consider whether mediation or negotiation might resolve issues without court.
- Think about long-term needs: child welfare, housing, future income, pension — not just immediate separation.
- Seek legal advice early, especially if there are complex assets, international elements, or child custody concerns.
Frequently Asked Questions (FAQ)
Can both spouses apply jointly for divorce in the UK now?
Yes. Under current UK law, couples can submit a joint application for divorce, reflecting mutual consent and reducing conflict.
Is fault required to obtain a divorce?
No. Thanks to the Divorce, Dissolution and Separation Act 2020, you do not need to prove adultery, unreasonable behaviour or desertion. You only need to state that the marriage has irretrievably broken down.
Will divorce automatically sort out child custody and financial matters?
No. Divorce ends the marriage. Issues of financial settlement and child arrangements must be handled separately — either by agreement or via court orders.
How long does the divorce process take?
Under the current law, even in a straightforward case, there is a mandatory 20‑week minimum waiting period before applying for a Conditional Order, plus another 6‑week wait before the Final Order. So a simple divorce will usually take at least six months.
How is child maintenance calculated and enforced?
Parents can agree privately on maintenance. If they cannot, the Child Maintenance Service can calculate payments based on the paying parent’s income and enforce them.
Can child arrangements or maintenance orders be changed later?
Yes. If a parent’s circumstances or a child’s needs change, you can ask the court to vary existing orders. The court will evaluate any application in light of what remains in the child’s best interest.
Why Choose Dewey & LeBoeuf LLP for Your Divorce and Family Law Needs
At Dewey & LeBoeuf LLP we understand that divorce is more than a legal procedure — it is a deeply personal, often painful transition. Our firm offers:
- Expert knowledge of UK family law and its latest reforms
- Compassionate, client‑focused guidance through each step
- Strategic financial planning to ensure fair settlements
- Child‑centered approaches to custody and maintenance agreements
- Cross‑border awareness, supporting clients with international ties or assets
When you partner with Dewey & LeBoeuf LLP, you get more than legal documents — you get clarity, support and a path forward.
Conclusion
If you are considering separating or divorcing in the UK, now is a time when the legal process has become more streamlined, fair, and respectful of personal dignity. However, financial matters and child arrangements remain complex and deeply consequential.
Whether you hope for an amicable mutual separation or need a robust legal strategy in a difficult divorce, having experienced legal counsel matters.
Taking the first step — gathering documents, reflecting on your objectives, and seeking legal advice — can help you protect your future and that of your children.
If you are ready to explore your options or need help navigating UK divorce, maintenance, or child custody laws, we invite you to reach out to Dewey & LeBoeuf LLP. Our team is ready to guide you through with professionalism, empathy and commitment to the best outcome for you.
Contact us today for a confidential consultation and let us help you find the right solution.
E-mail: info@deweyleboeuf.com
Phone: +971 58 690 9684
Address: 26B Street, Mirdif, Dubai, UAE