How to Get a Divorce in Wales

Divorce – a word that instantly stirs up a whirlwind of emotions, whether it’s pain, relief, confusion, or all of the above. But here’s a truth you need to know: while the emotional complexity of divorce may feel overwhelming, the legal process doesn’t have to be. And in Wales, the process is structured to provide a clear path forward, even in the midst of emotional turbulence.

So, why start with the heavy emotions? Because that’s what drives many people to look up this guide in the first place. You’re probably not sitting here with a detached curiosity about legal jargon. No, you’re probably searching for a way to end a chapter of your life that you didn’t expect would have this kind of ending. And understanding that emotion is key to navigating the process successfully.

Step 1: Grounds for Divorce – The Only One You Need to Know Now
Wales, like the rest of the UK, has reformed its divorce laws to be as straightforward as possible. As of 2022, the only ground for divorce you need is the irretrievable breakdown of the marriage. Gone are the days of proving adultery, unreasonable behavior, or desertion. You don’t even need your spouse’s consent. That’s right. No-fault divorce has made it easier for people to end their marriages without the additional burden of assigning blame.

But before we get into the legal nitty-gritty, let’s talk about what this means for you emotionally. You no longer have to spend time gathering evidence to prove your partner was “wrong.” You don’t need to replay painful memories in court just to get what you need to move forward. The focus now is simply on the fact that the relationship has broken down and that you both deserve to start new chapters.

Step 2: The Process – How to Make It Happen in Wales
Here’s where the practical steps come in. Filing for divorce in Wales involves several key stages, which are now more streamlined than ever:

• Application (Petition): Whether you apply online or by post, the first thing you’ll need to do is submit a divorce application to the court. You’ll also need to pay a fee of £593, although financial assistance might be available depending on your income.

• Acknowledgement of Service: Once your application is received, your spouse will be sent an Acknowledgement of Service form, which they must complete and return within 14 days. If they refuse, don’t worry. As we mentioned earlier, their consent is not needed to proceed.

• Conditional Order: If everything goes smoothly, the next step is the Conditional Order (previously called Decree Nisi). This is essentially a statement from the court that says there’s no reason why you can’t divorce. The Conditional Order will typically be granted after a 20-week period to allow for reflection.

• Final Order: Six weeks after your Conditional Order, you can apply for a Final Order (previously called Decree Absolute), which legally ends the marriage. And just like that, the legal side is done.

Step 3: Financial Settlements – It's Not Just About the Divorce Itself
One of the biggest misunderstandings about divorce in Wales is thinking that the divorce itself is the only thing you need to worry about. It’s not. Even if you go through the divorce process and end the marriage legally, you still need to settle your finances. This includes property, savings, pensions, and debts.

• Consent Orders: If you and your ex-spouse can agree on how to divide your finances, you can apply for a Consent Order, which legally formalizes your agreement. This can be done alongside the divorce or afterward.

• Financial Remedy Order: If you can’t agree, either of you can apply for a Financial Remedy Order, and the court will decide for you. While this might sound intimidating, it ensures fairness when negotiations break down.

Step 4: What About the Kids?
If you have children, this is probably your biggest concern. In Wales, the court always prioritizes the welfare of the children. You and your ex-partner are expected to come to a decision about where the children will live, how they will spend time with each parent, and how their needs will be met. However, if you cannot agree, the court can issue orders regarding child arrangements.

The key thing to remember here is that the courts in Wales encourage both parents to remain involved in their children’s lives, unless there’s a very strong reason otherwise.

Step 5: Alternative Dispute Resolution (ADR) – Do You Have to Go to Court?
The courts in Wales strongly recommend that divorcing couples try mediation before turning to the courts. Mediation allows you to discuss matters with the help of a neutral third party, and it’s often less stressful (and expensive) than going to court. In fact, many courts won’t even allow you to apply for a Financial Remedy Order unless you’ve tried mediation first.

If mediation doesn’t work, though, you’ll still have the option of going to court.

Final Thoughts – Don’t Let the Process Stop You
Divorce in Wales, like anywhere else, is never easy. But the legal system here is designed to make it as painless as possible. With no-fault divorce, clear financial settlements, and a focus on mediation, you can navigate this difficult time with clarity and control. Remember, this process is just a stepping stone to the rest of your life. Don’t let the emotional burden of the situation prevent you from making the decisions you need to move forward.