How to Get a Divorce in England and Wales
Divorce is the legal way to end a marriage or civil partnership. This guide outlines the usual stages, key documents, and what the final order means.
A divorce can look straightforward on paper, but issues around finances, property, pensions, or children can add complexity quickly. A solicitor can help clarify options, draft or review proposals, and reduce the risk of agreements being challenged later. Legal support can also be useful where there is a power imbalance, limited information about assets, or a need for urgent protection.
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No Fault Divorce: The Basics
Divorce is the legal process for ending a marriage. For a civil partnership, the equivalent process is called dissolution, and the overall structure is similar.
Since 6 April 2022, divorce in England and Wales has followed a no fault model. This means the application is based on a statement that the marriage has broken down permanently, without needing to set out behaviour or blame.
What No Fault Divorce Usually Means
- There is no requirement to prove adultery or unreasonable behaviour
- The court usually treats the statement of breakdown as conclusive
- A divorce is not normally disputed except on limited grounds, such as jurisdiction or whether the marriage is legally valid
- The process includes a built in waiting period before the court can make the conditional order
A divorce ends the legal relationship, but it does not automatically settle finances or arrangements for children. Those are usually dealt with separately, either by agreement or through a court process if needed.
A conditional order is the stage where the court confirms the divorce can proceed. The marriage ends only when the final order is made. Older cases may refer to decree nisi and decree absolute.
Who Can Divorce
A divorce in England and Wales is available when a few basic legal conditions are met. GOV.UK summarises the main checks in plain language. Check you can get a divorce (GOV.UK)
Basic Eligibility
- Married for more than one year
- The marriage is legally recognised in the UK
- The relationship has broken down permanently
These checks apply to the divorce process itself. Questions about money, property, pensions, and children are usually dealt with separately.
Jurisdiction, Which Court Can Deal With It
The court also needs to have legal power to deal with the application. This is called jurisdiction. In many cases this is straightforward, but it can be more complex if one or both people live abroad, have recently moved, or have strong ties to more than one country.
Jurisdiction is often based on where a person mainly lives and is settled, sometimes called habitual residence, or where a person regards as their permanent home, sometimes called domicile. The divorce application form includes a list of jurisdiction reasons and short explanations of these terms. D8 application form, jurisdiction section (PDF)
If The Marriage Took Place Abroad
A marriage that took place outside the UK can still be recognised here, but the court will normally need the marriage certificate, and sometimes a certified translation if it is not in English. How to apply for a divorce, what you need (GOV.UK)
Where there is an international element, it can be possible for more than one country to accept a divorce application. Timing and jurisdiction can affect what happens next, so specialist advice is often useful where the situation is unclear.
What To Prepare
A divorce application usually goes more smoothly when the key details are easy to hand. The online form asks for specific information about the marriage and about each person.
- marriage certificate or certified copy
- full names and current addresses
- date and place of marriage
- whether the application is sole or joint
- any international links such as living abroad
Sole Or Joint Application
The process starts by choosing whether the application is made jointly or by one person. This affects how the online application is set up and how updates are sent during the case.
If Documents Are Missing Or Not In English
If the marriage certificate is not in English, a certified translation is often needed. Where a certificate cannot be found, a replacement can usually be requested from the register office where the marriage was recorded, or from the relevant overseas authority.
Court Fee
A court fee is usually payable when the application is submitted. Fees can change, so it is worth checking the current figure before relying on it. HMCTS court and tribunal fees, EX50 (PDF)
The Divorce Process
Step 1: Choose Sole Or Joint Application
At the start, the application is set up as either a sole application or a joint application.
A sole application is made by one person, sometimes called the applicant. The other person becomes the respondent. A joint application is made together, and both people are treated as applicants.
The choice affects how the court communicates during the case and what each person is asked to do at different stages. In most cases, it does not affect the legal test for divorce, which is based on a statement that the marriage has broken down permanently.
Information Commonly Needed At This Stage
- Names and addresses for both people
- The date and place of marriage
- The marriage certificate or a certified copy
- A decision on whether the application will be sole or joint
A divorce application can be made online in most cases. A paper route can still be used in some situations, for example where online access is difficult.
Step 2: Submit The Application And Pay The Fee
The divorce process usually begins when the application is submitted to the family court. In many cases this is done through the online service, and the application includes basic details about the marriage and confirmation that it has broken down permanently.
A court fee is normally payable at the point the application is submitted. The amount can change, so it is best treated as a checkable figure rather than a fixed cost. The HMCTS fee list is the most reliable place to confirm the current fee. HMCTS court and tribunal fees, EX50 (PDF)
Once the application is accepted, the court issues it. This is the point the case is formally opened and the timetable for the next stages starts to run.
What Happens After Issue
- A case number is created
- The court records the date the application was issued
- In a sole application, the next step is usually for the respondent to be sent the issued application, so they can acknowledge it
- In a joint application, the case typically moves forward through the next stages with both applicants involved, without a respondent acknowledgement step
If the application is rejected, it is usually because information is missing or documents cannot be accepted as provided. The case generally only progresses once the issue is resolved.
Step 3: Service And Acknowledgement
After the court issues the application, the next stage is service. This is the formal step where the respondent is sent the divorce application and a notice of proceedings.
If an email address is provided for the respondent, the court can send the papers through the online system. If not, they are usually sent by post. The aim is to make sure the respondent has received the application and has the chance to respond.
In a sole application, the respondent is normally asked to complete an acknowledgement of service within 14 days of receiving the notice. This usually confirms they have received the application and indicates whether they intend to dispute the divorce. Joint applications do not usually have an acknowledgement stage in the same way, because both people are already taking part as applicants.
What This Stage Often Covers
- The respondent receiving the issued application and notice of proceedings
- An acknowledgement being filed so the case can progress
- Any immediate issues being identified, such as an incorrect address or a dispute about whether the court can deal with the case
If the respondent cannot be reached, or the acknowledgement is not returned, extra procedural steps may be needed before the case can move forward. This often affects timescales.
Step 4: Minimum Waiting Period
Divorce has a built in waiting period. In most cases, a conditional order cannot be applied for until at least 20 weeks have passed from the date the court issued the application.
This period is designed as a pause in the process, rather than a delay caused by the court. It runs even if both people agree that the marriage has ended.
People often use this time to deal with practical arrangements and to start sorting out finances. In some situations, it is also the point where disagreements become clearer, for example about money, housing, or arrangements for children.
What This Waiting Period Does And Does Not Do
- It sets the earliest point the case can move to the conditional order stage
- It does not end the marriage or change legal status by itself
- It does not automatically deal with finances, property, or children
The 20 week period is measured from the date of issue, not the date the application was submitted. Court processing times can affect when the issue date is recorded.
Step 5: Conditional Order
Once the minimum waiting period has passed, the applicant, or both applicants in a joint case, can usually apply for a conditional order. This is the stage where the court confirms the legal requirements for divorce have been met and the case can progress.
The court does not usually hold a hearing for straightforward applications. Instead, the paperwork is considered and, if everything is in order, a date is set for the conditional order.
A conditional order does not end the marriage. It is a formal court order that the divorce can proceed to the final stage.
What The Court Is Usually Checking
- The marriage is legally valid and recognised
- The court has jurisdiction to deal with the divorce
- The application has been served correctly in a sole case, or made jointly
- The statement that the marriage has broken down permanently has been filed
If the respondent indicates an intention to dispute the divorce, or raises a technical objection such as jurisdiction, the process can become more complex and timescales often increase.
Step 6: Final Order
After the conditional order is made, there is a further waiting period before the final order can be requested. In most cases, the earliest point is 6 weeks and 1 day after the date of the conditional order.
The final order is the legal endpoint of the divorce. Once it is made, the marriage ends in law and each person is free to remarry.
Some people choose not to apply for the final order immediately, for example where financial arrangements are still being resolved. The timing can matter in certain situations, including pensions, inheritance, and insurance, so it is often treated as a decision point rather than an automatic last step.
What The Final Order Changes
- The marriage ends in law
- The legal status changes from married to divorced
- Certain rights linked to being spouses can fall away, depending on the situation
The final order ends the marriage even if financial issues are not finished. Where there is uncertainty about the right time to apply, legal advice is often taken before the final step.
Timescales And Delays
People often expect divorce to be quick when it is agreed, but the process includes fixed waiting periods and can also be affected by court processing times.
The Legal Minimum Timeline
The divorce can only move through certain stages after minimum time periods have passed. The key points are:
- Conditional order stage usually cannot start until at least 20 weeks after the court issues the application
- Final order stage usually cannot start until at least 6 weeks and 1 day after the conditional order date
Why Real Timings Vary
Even where both people agree, the total time often depends on how quickly each stage is completed and how long the court takes to process applications at each point.
Common Causes Of Delay
- The court taking time to issue the application after submission
- Service problems, such as an incorrect address or the respondent being hard to reach
- The respondent not completing the acknowledgement in a sole application
- Missing information or documents that the court asks to be corrected
- A technical dispute, such as a challenge about jurisdiction
- One or both people waiting before applying for the conditional order or final order
Delays in finances or arrangements for children can run alongside the divorce, but they do not always follow the same timetable. In practice, these issues are often what makes the overall situation feel longer, even when the divorce steps themselves are progressing.
Dates in the divorce process are usually measured from when the court issues an application and from the date of the conditional order, not from when the form was first started or submitted.
Finances And Property
Divorce ends a marriage in law, but it does not automatically resolve finances. Decisions about the family home, savings, debts, pensions, and ongoing support are usually handled through a separate process, either by agreement or through the family court if agreement is not possible.
Financial discussions can start at any point after separation. In practice, they often run alongside the divorce timetable and may take longer than the divorce itself.
- recent bank statements and savings balances
- details of debts, loans, and credit cards
- income details, payslips or accounts
- mortgage balance and monthly payments
- property value estimate and ownership details
- pension statements and scheme names
- regular outgoings, childcare and housing costs
What “Finances” Can Cover
Financial arrangements on divorce often include:
- The family home, including sale, transfer, or who lives there
- Savings and investments
- Debts and ongoing household bills
- Pensions, including whether they are shared
- Ongoing support, sometimes called maintenance
- Lump sums or other one off payments
Making An Agreement Legally Binding
People sometimes reach an agreement privately or through solicitors or mediation. An agreement is only enforceable once it is turned into a court order. A common route is a consent order, which asks the court to approve what has been agreed.
If The Court Needs To Decide
Where agreement is not possible, the court can be asked to make a financial order. The law gives the court a broad discretion. In general terms, the court looks at factors such as income, assets, debts, needs, housing, and the welfare of any children, including where children will live and what support they need.
Pensions And Complex Assets
Pensions are often one of the largest assets, and they can be easy to overlook. Valuing and dividing pensions can be more complex than dealing with cash or property, especially where there are several schemes or where a pension is already in payment.
Child Maintenance And Other Support
Support for children is often dealt with separately from other financial issues. Some families agree arrangements privately, while others use a formal calculation process. Other types of support, such as spousal maintenance, are handled differently and depend on the circumstances.
Informal agreements about money are not always enforceable later. A financial court order is the usual way to make arrangements binding and to reduce the risk of future claims.
Arrangements For Children
Divorce ends a marriage in law, but it does not decide day to day arrangements for children. Many families agree arrangements between themselves and keep them under review as circumstances change.
Where agreement is difficult, arrangements can sometimes be worked through with support, for example through mediation. If a court decision is needed, applications about children are usually made under the Children Act 1989.
- where the child lives day to day
- time with each parent and wider family
- handovers and communication
- school and childcare routines
- holidays and travel
- health care and medical decisions
- communication between households
What “Arrangements” Usually Means
It often covers practical questions such as where a child lives, how time is shared, and how decisions are made about education, health care, and routines.
Working Things Out Without Court
Some families agree arrangements directly. Others use structured discussions, mediation, or solicitor led negotiation. These routes are often used to reduce conflict and keep arrangements focused on the child’s needs.
If A Court Application Is Needed
The family court can make orders about arrangements for children. A common type is a child arrangements order, which can deal with who a child lives with and how they spend time with each parent. The court can also make other orders in the same area, depending on what is being asked for.
How Decisions Are Made
The court’s approach is generally child focused. The child’s welfare is the court’s paramount consideration, and decisions are made case by case rather than by applying a fixed formula.
Who May Be Involved
In private family cases, the court often involves Cafcass, the Children and Family Court Advisory and Support Service. Cafcass is an independent public body that focuses on safeguarding and promoting the welfare of children in the family court. It commonly carries out initial safeguarding checks, speaks to the adults involved, and may speak to the child if appropriate. Cafcass can also prepare reports for the court and provide recommendations about what arrangements are likely to best meet the child’s needs. In Wales, this role is carried out by Cafcass Cymru. Cafcass
When a court is involved, the focus is on the child’s welfare, not on which adult is “right”. The detail usually depends on the child’s needs, age, and the practical realities of each household.
Fees And Costs
Costs in divorce often fall into two groups, court fees and everything else.
Court fees are the charges paid to the court for certain applications. The main divorce fee is usually paid when the divorce application is filed. Other fees can apply if someone also makes a separate application, for example about finances or children. The latest family court fees are listed by HM Courts and Tribunals Service. Family court fees (EX50)
Other costs vary widely and depend on what the case involves. Common examples include solicitor fees, mediation fees, getting a certified copy of the marriage certificate, translation costs, and specialist reports for complex assets such as pensions.
| Cost item | Cost | Description |
|---|---|---|
| Divorce application fee | £612.00 | Court fee to file an application for divorce, nullity, or civil partnership dissolution |
| Financial order by consent fee | £60.00 | Court fee to ask the court to approve an agreed financial order, sometimes called a consent order |
| Financial order application fee | £313.00 | Court fee to apply for a financial order where there is no agreement |
| Children Act application fee | £263.00 | Court fee for common Children Act 1989 applications, such as child arrangements orders |
| Solicitor fees for a straightforward divorce | £500.00–£1,500.00 | Typical legal fees for handling the divorce process in a straightforward case, often offered as a fixed fee. These figures are highly variable and usually exclude the court fee and VAT |
| Solicitor fees where there are additional issues | £1,500.00–£2,500.00 | Typical legal fees where the divorce is not disputed but there is extra work alongside it, for example more correspondence or coordinating related issues. These figures are highly variable and usually exclude the court fee and VAT |
Some people can get money off a court fee, or pay nothing, depending on benefits, savings and income. The scheme is called Help with Fees. Get help paying court and tribunal fees
Common Issues
Most divorce applications follow the standard stages, but a few common issues can slow things down or make the process feel more complicated than expected.
Service Problems
If the respondent cannot be reached, or their address or email is wrong, the court may not be satisfied that the application has been served properly. This can lead to extra procedural steps and longer timescales.
No Acknowledgement In A Sole Application
Where the respondent does not complete the acknowledgement of service, the court usually still needs a clear route to show the application has been served. This often adds delay and can involve additional paperwork.
Jurisdiction Or Validity Questions
Some cases raise technical questions, such as whether the court in England and Wales can deal with the divorce, or whether the marriage is legally valid and recognised in the UK. These points can require more evidence and can make the process slower.
Delays Caused By Timing Choices
Even when the process is straightforward, delays can come from waiting to apply for the conditional order or final order, or from taking time to correct missing information.
Finances And Children Running Alongside The Divorce
The divorce itself ends the legal marriage, but finances and arrangements for children often take longer and can involve separate processes. It is common for these issues to shape the overall timetable.
- do keep copies of key documents and emails
- do check contact details are accurate before submitting
- do keep a note of the issue date and order dates
- do treat finances and child arrangements as separate workstreams where needed
- do not assume the divorce settles finances automatically
- do not ignore court messages or deadlines
- do not rely on informal money arrangements as final
- do not assume delays always mean something has gone wrong
Some decisions that seem like part of divorce, such as when to apply for the final order, can have knock on effects in areas like inheritance and pensions. Where timing feels uncertain, legal advice is often taken before the last stage.
When A Solicitor Can Help
Some divorces are mostly administrative, especially where there are no shared assets and no children. In other cases, legal support can help reduce uncertainty, keep paperwork and deadlines on track, and manage linked issues that sit outside the divorce application itself.
Legal help is often most valuable where there is a need to understand options and risks, rather than simply to complete the online divorce steps.
Situations Where Legal Advice Is Commonly Sought
- Disagreement about finances, property, or pensions
- A family home that needs to be sold or transferred
- Business assets or complex income
- Concerns about hidden assets or incomplete disclosure
- Arrangements for children that cannot be agreed
- An international element, such as living abroad or competing jurisdictions
- Safety concerns or a significant power imbalance
- Uncertainty about the timing of the final order
Some people use a solicitor for part of the process only, for example to review a financial settlement or to draft a consent order. Others want full representation, especially where court applications are needed.
Frequently Asked Questions
There is no general requirement to be separated for a set period before applying. The usual eligibility point is that the marriage must have lasted more than one year.
Some couples apply while still living at the same address, especially early on. Practical arrangements can still be worked through separately while the divorce process is running.
No fault divorce is based on a statement that the marriage has broken down permanently, rather than blame. In most cases, the process can still continue even if one person is unhappy about it.
Disputes tend to focus on technical issues, such as whether the court can deal with the case or whether the marriage is legally valid.
A divorce is not usually argued about in the way people sometimes expect. The court generally treats the statement of breakdown as conclusive.
Where a case becomes contested, it is more often because of jurisdiction, service, or validity issues, rather than disagreement about why the marriage ended.
Many divorces are dealt with on paper through the online process and do not involve a hearing.
A hearing is more likely where there is a technical dispute, or where there are separate court applications running alongside the divorce, such as financial or children proceedings.
Sometimes the way the case is progressed changes if a joint application stops being cooperative, or if one person stops engaging. How this works depends on the stage the case has reached and what has already been filed.
Where this comes up, it is often treated as a procedural issue, and legal advice is commonly taken to avoid delay.
Service can take longer when someone is abroad, or where contact details are unclear. The court usually needs to be satisfied that reasonable steps have been taken so the respondent is aware of the proceedings.
In some situations, alternative methods of service or extra evidence can be needed, which can add to timescales.
The marriage ends only when the final order is made. The conditional order is an earlier stage and does not end the marriage.
Divorce does not automatically settle finances, even after the final order. A separate court order is usually needed to make financial arrangements binding and reduce the risk of future claims.
Wills and inheritance positions can also be affected by divorce, and the impact depends on the wording of the will and the timing. Some people review wills and beneficiary arrangements during or after divorce because the legal position can change.