How Mediation Can Help Throughout the Divorce Process

Article Summary

  • The divorce process is separate from resolving financial and parenting matters.
  • Couples can make either a sole or joint application under the no-fault divorce system.
  • The legal process includes the application, Conditional Order and Final Order.
  • Mediation can help couples agree on finances and parenting without going to court.
  • Early mediation often saves time, reduces costs and minimises conflict.
  • Independent legal advice remains important before finalising agreements.

Divorce is rarely just a legal event. It often involves significant emotional, financial and practical decisions that can affect your future for years to come. Understanding the process of a divorce can help reduce uncertainty and allow you to make informed decisions at each stage.

Since the introduction of no-fault divorce in England and Wales, divorce proceedings have become more straightforward. However, while ending a marriage is now simpler from a legal perspective, many couples still need to reach agreements about children, finances and the family home.

For many families, family mediation provides a constructive alternative to resolving these matters through lengthy court proceedings, helping couples move forward with less conflict, lower costs and greater control over the outcome.

What Is The Process Of A Divorce?

When considering the process of a divorce, it’s helpful to think of it as two separate matters.

The first is legally ending the marriage through the courts.

The second involves reaching agreements about practical matters such as finances, property and arrangements for children. These issues are not automatically resolved as part of the legal divorce itself.

Although the legal process for divorce or dissolution has become more streamlined, every family’s circumstances are different, making early guidance particularly valuable.

Who Can Apply for Divorce?

You can apply for a divorce if:

  • Your marriage has broken down irretrievably.
  • You have been married for at least one year.
  • Your marriage is legally recognised in England or Wales.

The same legal framework also applies to the dissolution of a civil partnership, with a very similar procedure.

Applications can be made individually through a sole application or together using a joint application. The most suitable option will depend on your individual circumstances and whether both parties wish to apply together.

The Main Stages of Divorce

Although every situation differs, the legal journey generally follows several key stages:

1. Submit the Divorce Application

The process begins by completing a divorce application, either online or by post, through HM Courts & Tribunals Service. You’ll normally need:

  • Your marriage certificate
  • Personal details for both parties
  • The applicable court fee

If you’re applying jointly, both applicants complete the necessary paperwork together.

2. A Mandatory Reflection Period

Once the application has been issued, there is a mandatory minimum 20-week waiting period before the next stage.

This period allows couples time to consider important decisions relating to:

Many separating couples choose to begin mediation during this period, as it provides an opportunity to resolve outstanding matters before progressing further.

3. Apply for the Conditional Order

After the waiting period has passed, an application can be made for a Conditional Order.

This confirms that the court sees no legal reason why the divorce cannot proceed.

Importantly, the Conditional Order does not legally end the marriage.

4. Apply for the Final Order

After a further waiting period of at least six weeks and one day, either applicant can request the Final Order (previously known as the decree absolute).

Once the final divorce order is granted, the marriage legally comes to an end.

For many people, however, important financial matters may still need to be resolved.

Why Financial Matters Shouldn’t Be Overlooked

Although the marriage officially ends with the Final Order, this does not automatically determine how assets should be divided. A financial settlement can cover:

  • The family home
  • Savings and investments
  • Pensions
  • Debts
  • Ongoing financial responsibilities

Without a legally binding financial agreement, future claims may remain possible even after the divorce has been finalised.

In some situations, unresolved finances may result in separate financial court proceedings, which can be expensive, stressful and time-consuming.

Need help reaching a financial agreement or with child arrangements? Mediation can help you resolve matters fairly and reduce the need for costly court proceedings. Contact LSL Family Law’s expert mediators to find out more.

Making Arrangements for Children

Where children are involved, parents must also decide how they will continue to care for them following separation. These discussions often include:

  • Where children will live
  • Time spent with each parent
  • School holidays
  • Education
  • Healthcare
  • Communication

Many people still use the phrase child custody, although the courts now generally refer to arrangements for children or parenting arrangements.

The focus remains on achieving outcomes that are in the child’s best interests rather than determining a winner or loser.

How Mediation Can Help Throughout the Divorce Process

While many people assume divorce automatically involves going to court, this is often unnecessary.

Family mediation provides a confidential, impartial environment where separating couples can discuss the practical issues arising from their separation with the support of an independent mediator.

It can help couples reach agreements about:

  • Parenting
  • Finances
  • Property
  • Communication
  • Future planning

Unlike court proceedings, mediation encourages constructive discussion rather than confrontation.

Couples remain in control of the decisions being made, often preserving better long-term relationships, particularly where children are involved.

Mediation is usually quicker and significantly less expensive than contested litigation, while also reducing emotional strain for everyone involved.

Do You Always Need a Solicitor?

Many people seek legal advice alongside mediation, particularly when reviewing financial agreements or obtaining independent guidance before making important decisions.

A solicitor can advise on your individual rights and ensure any agreements reached are legally appropriate.

Rather than replacing legal professionals, mediation works alongside them, helping reduce conflict while allowing each person to obtain independent support and advice where needed.

More than 13,600 families used the Family Mediation Voucher Scheme in 2024/25, with government figures indicating that uptake has continued to grow following changes encouraging mediation before court proceedings.

Getting the Right Support

Understanding what is the process of a divorce is only one part of moving forward.

Every family has unique priorities, whether that involves protecting children from conflict, securing fair financial arrangements or simply finding a more constructive way to separate.

Seeking early help and support can make the journey less overwhelming, helping you understand your options before positions become entrenched.

For many couples, mediation offers a practical first step towards resolving disagreements respectfully while avoiding unnecessary conflict wherever possible.

Contact LSL Family Law today to discuss whether family mediation could be the right approach for you and your family.

The Divorce Process In England and Wales FAQs

Yes. Many couples begin mediation before or shortly after submitting their application. Early discussions can often resolve practical matters before positions become more difficult.

Mediation is not compulsory for every separating couple, but in many situations, attending a Mediation Information and Assessment Meeting (MIAM) is required before making certain applications to the family court, unless an exemption applies.

About the Contributors

Tanya Forster is a family law consultant, divorce solicitor and family mediation specialist with 20 years’ experience. She is a Resolution-accredited solicitor and accredited specialist in private children law and financial provision, known for her clear, supportive and solutions-focused approach to helping families resolve divorce and separation constructively.

Linda Lamb is the founder of LSL Family Law and a family law expert with over 25 years’ experience. She is a Resolution-accredited solicitor, mediator, and children arbitrator, known for her calm, compassionate, and practical approach to helping families navigate divorce and separation.