The divorce itself is paperwork, not a hearing
The application can be made by one person or jointly, the court issues it, and after the statutory waiting periods you apply for the conditional order and then the final order. It is processed by the court service rather than argued in front of a judge. Most people never see the inside of a courtroom.
Finances are the part that can end up in court
The divorce ends the marriage; it does not divide anything. Property, pensions, savings, debts and ongoing support are a separate question, and this is where cases become contested. If you reach an agreement between yourselves — directly or through mediation — a judge will normally approve it without either of you attending.
If you cannot agree, one of you can apply for a financial remedy, and that route does involve hearings, disclosure deadlines and, often, barristers. It is slower and considerably more expensive than agreeing.
Arrangements for children work the same way
There is no requirement to ask a court to approve arrangements for children if you agree them. A Child Arrangements Order is only needed when you cannot. Before making most family court applications you must attend a MIAM to consider mediation first — which tells you plainly how the system expects these cases to be resolved.
Making your agreement stick without a hearing
A written agreement between you is powerful but not automatically enforceable. To make a financial settlement binding you send a consent order to the court, normally drafted or checked by a solicitor. A judge reviews it on paper and, if it is fair, seals it — no attendance required.
That is the usual shape of a well-run separation: agree the substance yourselves, then use a small amount of legal help to make it formal.
Frequently asked questions
Can we divorce without solicitors at all?
Yes. The divorce application itself is designed to be done without one. Most people still get a solicitor to draft or check a consent order for the finances, because that is the document that protects both of you against a claim years later.
Does one of us have to be at fault?
No. Since the no-fault reforms in England and Wales, neither person has to allege unreasonable behaviour or adultery, and the divorce itself cannot be contested except on narrow technical grounds such as jurisdiction.
How long does the process take?
There are minimum statutory waiting periods built into the timetable, so even an entirely agreed divorce takes several months from application to final order. Disagreements about money are what stretch cases into years, not the divorce paperwork.
What if my ex refuses to engage at all?
The divorce can still proceed. For finances, an application to the court is the route when someone will not participate — and a judge can order disclosure. Mediation only works where both people are willing, which is precisely why it is voluntary.
This is general guidance on mediation in England and Wales, not legal advice. Court procedure, financial settlements and arrangements for children can turn on your own circumstances — take advice from a solicitor or an accredited family mediator before making a final decision.
Next step
GoMediation.ai gives you a private online room to work through finances, property and arrangements for children, and produces a plain-English written agreement you can take to a solicitor for a consent order.
Agree finances and arrangements online