The Logistics of Divorce: An Interview with Chris Brown

The following article is taken from The Moment Magazine - May 2026

Marriage breakdowns are common, but what are the realities of the process? I spoke with Chris Brown, Head of Family Law at Hegarty Solicitors to find out.

An inherently difficult and emotional process, divorce can be a life-changing experience. Marriage has been an institution for many millennia and the profound act of promising our lives to someone we love clearly has enduring appeal. However, with 42% of marriages ending in divorce in the UK, it’s essential to know the practical legal steps involved in separation. Despite the divorce laws evolving in recent years, legal separation can still feel like an overwhelming series of hurdles for all involved. I spoke with Chris Brown of Hegarty Solicitors to elucidate the processes involved.

Divorce laws changed in England and Wales on April 6th 2022. Before then, it was necessary to prove a fault such as adultery or unreasonable behaviour among other requirements. Since 2022, the process has been simplified and is now referred to as a no-fault divorce. “The only ground for divorce has always been the irretrievable breakdown of the marriage. However, you previously had to cite one of five facts such as adultery or unreasonable behaviour. Now, you simply tick a box to say the marriage has broken down irretrievably,” Chris informs me. With the new laws in place partners can apply together or individually, and the divorce can only rarely be contested.

Once the decision to legally separate has been reached by one or more parties, there are three stages involved in the subsequent process.

• Divorce Application
• Conditional Order (previously known as Decree Nisi)
• Final Divorce Order (previously known as Decree Absolute)

With a no-fault divorce you now need to wait 20 weeks to move between the first and second stages. The 20-week wait means the process can take longer than before 2022, but the aim of this delay in proceedings is to encourage reflection. The second stage is to apply for the Conditional Order. Once the application is made it takes a few weeks for the court to process and then another few weeks before the Conditional Order is pronounced (this timeframe can vary). Parties must then wait for a minimum of six weeks after the Conditional Order before they can apply for the Final Divorce Order. Once the Final Divorce Order has been issued, the marriage officially ends and partners are free to remarry should they so wish. As an absolute minimum divorce currently takes six months, but it can take as much as nine months to complete. It’s possible the process will take even longer if parties are trying to resolve the financial claims, in which case they are usually advised to postpone applying for the Final Divorce Order.

It is also important to note that the consequences for children are no longer an aspect of the process. “Child arrangements are very much left up to the parents to decide. Most parents can reach an agreement. It’s rare, but if parents can’t reach an agreement, then they can apply through the court for a Child Arrangements Order. The court has an organisation called Cafcass (Children and Family Court Advisory and Support Service), which helps families with this process,” Chris explains. Founded in 2001, Cafcass represents children during court cases in England and helps ensure their safety and wellbeing.

The divorce application triggers the family court’s powers to make orders in respect of the parties’ property and finances. Therefore, running parallel to the three stages of legal separation is the process of organising the finances. “Personally, I specialise in dealing with finances on divorce,” Chris clarifies. “What I always say to clients is the divorce is the easy bit from the point of view of the procedure and legal costs.” The harder part, according to Chris, is resolving the financial issues. “In most cases this will involve a Financial Consent Order, which is a bit like a contract that is approved by the court and signed off by a judge. You can get this done after the issue of the divorce and negotiate during the 20-week holding period between the Divorce Application (Stage One) and the Conditional Order (Stage Two). Once a Conditional Order has gone through the courts, the Financial Consent Order can then be processed.

“The court has the power to make capital orders such as lump sum orders. It can also order a sale to pay a lump sum, issue a transfer of property order or a pension sharing order. The court can also make orders of an income nature such as child or spousal maintenance. The outcome should be a court order either as the result of contested proceedings or consensual arrangements,” Chris clarifies.

With regards to financial arrangements, if parties are unable to agree between themselves and wish to avoid costly court proceedings then there are alternatives known as non-court dispute resolutions (NCDRs). These are:

• Family Mediation
• Collaborative Law
• Private Financial Dispute Resolution hearings (PFDRs)
• Arbitration

"Family mediation involves trained people who facilitate discussions but do not impose decisions. Collaborative Law involves both parties instructing collaboratively trained lawyers. The parties and the lawyers sign an agreement committing to resolve the financial arrangements away from contested court proceedings. All discussions take place at four-way meetings which include both parties and their lawyers. Using the collaborative process is quicker than going through the courts and matters can be resolved in as little as three to four months, but it has the best chance of success in cases where both parties are amicable as it is a team effort,” Chris declares.

The third option involves an FDR hearing. During an FDR court hearing, the judge hears from both parties’ lawyers and gives an indication of how any areas of dispute should be resolved. Parties will then negotiate according to the judge’s recommendations. In a private FDR hearing the court process is recreated using a judge chosen by the parties. The process works on a timeframe and in an environment chosen by the parties involved. It usually takes place at a solicitor’s office or barrister’s chambers where there will typically be a barrister (who will also often be a part-time judge) to act as the PFDR judge.

One of the benefits of private FDR hearings is that the process is much quicker: because the courts are so overwhelmed these days, court hearings for FDR disputes can take up to twelve months from when parties issue proceedings whereas private FDR hearings can be ready within two or three months. This has led to private FDR hearings becoming increasingly popular. As Chris says, “There’s still paperwork to be put in order, but with private FDR hearings it can be done in a fraction of the time.” Chris highly recommends a private FDR hearing because of such advantages. Although it costs £4k-£5k to hire a professional to act as a judge, there is more time to focus on the nuances of the cases despite the whole process being significantly faster.

Arbitration is the final NCDR option. An arbitration contract will be signed at the start of the process stating that the parties will agree to the arbitrator’s decisions. This ensures that the outcomes of the process, as decided upon by the arbitrator, are binding. The arbitrator will usually be a qualified lawyer or retired judge. Another benefit of arbitration is that proceedings are private in comparison to public court records.

The relatively recent divorce laws which came in during 2022 may be confusing to those who were used to the old system. There are new rules for the various stages involved and updated terminologies, but the changes were made so that the whole process could become smoother, fairer and simpler. The three stages of the divorce process can seem lengthy and arduous, but this is seemingly a deliberate decision to encourage reflection on both the decisions which have led to the separation and the desired outcomes of the process. Financial issues are often the most stressful aspect of the legal process, but there are now multiple options available to resolve disputes and help for children is also readily available. These support networks are desperately needed during such times of familial struggle and upheaval. However, with the relaxed modern requirements and a multitude of routes available for the legal separation process, the anxiety and distress of divorce will hopefully be minimalised.