Divorce and child maintenance basics (UK)

Divorce in England and Wales became simpler in April 2022 when the Divorce, Dissolution and Separation Act 2020 introduced true no-fault divorce. But while ending the marriage itself is now straightforward, sorting out finances and children requires separate processes — and that's where things can get complicated.

1. No-fault divorce: how it works now

Under the new law, you (or you and your spouse jointly) simply file a statement confirming that the marriage has broken down irretrievably. There's no need to allege adultery, unreasonable behaviour, or desertion. There's a mandatory 20-week reflection period after the application, then a 6-week wait for the conditional order (formerly decree nisi), and finally the final order (formerly decree absolute) 6 weeks after that. The whole process takes a minimum of about 6 months. You can't defend a divorce anymore except on very narrow procedural grounds — the no-fault system is designed to reduce conflict.

2. Financial settlement: don't confuse it with the divorce

The divorce itself only ends the marriage — it does not sort out money, property, pensions, or maintenance between you. For that, you need a separate financial settlement approved by the court (a "consent order" if you agree, or a court hearing if you don't). The starting point is a 50/50 split of the matrimonial assets, but the court considers factors under Section 25 of the Matrimonial Causes Act 1973: the needs of any children, each party's earning capacity, contributions (financial and non-financial), length of the marriage, and the standard of living during the marriage. A clean break — where neither party can make future claims against the other — is the goal where possible.

3. Child arrangements: parenting after separation

The Children Act 1989 governs arrangements for children after separation. The court's paramount consideration is the child's welfare, and the starting assumption is that involvement of both parents is in the child's best interests — unless there's evidence of harm. "Child arrangements orders" set out where the child lives and how much time they spend with each parent. Most separating couples agree arrangements between themselves (or with the help of mediation — which is now mandatory before applying to court in most cases). Only if you cannot agree do you go to court for a child arrangements order.

4. Child maintenance: the CMS and family-based arrangements

Child maintenance is handled separately from the divorce. You can choose a family-based arrangement (you agree between yourselves), or use the Child Maintenance Service (CMS). The CMS calculates payments based on the paying parent's gross income: 12% for one child, 16% for two, 19% for three or more, reduced by a proportion for each night the child stays with the paying parent. The CMS can collect and enforce payments, deducting directly from wages or benefits if needed. There are fees for using the CMS collection service (4% from the paying parent, 20% from the receiving parent, though the latter can be waived in domestic abuse cases).

5. Where to start

The government's online divorce service makes the process relatively simple if you and your spouse agree. For finances, even if you agree, a solicitor should draft the consent order — DIY financial orders often miss important assets like pensions or contain loopholes. If your marriage involves a business, foreign assets, or significant wealth, specialist legal advice is essential. Mediation is worth trying before court: it's cheaper, faster, and less stressful, and you're required to attend a Mediation Information and Assessment Meeting (MIAM) before applying for most court orders.

This guide is general information about family law in England and Wales and is not legal advice. Laws differ in Scotland and Northern Ireland. For your specific situation, contact a family law solicitor, Citizens Advice, or the CMS.