Obtaining a divorce.

Divorce is the legal process that ends a marriage.

Divorce solicitors can advise on the divorce application itself and on related matters involving children, property, pensions, maintenance, businesses and other financial arrangements.

Divorce law in England and Wales changed substantially on 6 April 2022. A person applying for divorce no longer has to accuse their husband or wife of adultery, unreasonable behaviour or desertion. It is also no longer necessary to prove that the couple has lived separately for a specified period.

Instead, one spouse or both spouses together make a statement that the marriage has broken down irretrievably. That statement is treated as conclusive evidence that the marriage has ended.

This guide explains the divorce process in England and Wales. Scotland and Northern Ireland have different divorce laws and procedures.

Who Can Apply for a Divorce?

You can normally apply for a divorce in England and Wales where:

• you have been married for at least one year;
• the marriage is legally recognised in the United Kingdom;
• the marriage has broken down irretrievably; and
• the courts of England and Wales have jurisdiction to deal with the divorce.

Jurisdiction can depend on where each spouse is habitually resident or domiciled. It is not determined solely by whether someone describes themselves as a permanent resident in the United Kingdom.

Specialist advice may be required where:

• one or both spouses live abroad;
• the marriage took place overseas;
• either spouse has connections with more than one country;
• divorce proceedings may be started in another country;
• there are assets in different countries; or
• the legal validity of the marriage is disputed.

Where more than one country may deal with the divorce, the choice of jurisdiction can have important consequences for financial claims.

Can You Divorce During the First Year of Marriage?

A divorce application cannot normally be made until the parties have been married for at least one year.

During the first year, a spouse may still obtain legal advice about separation, finances, children, domestic abuse or whether the marriage may be void or voidable. Judicial separation may also be available in appropriate circumstances.

No-Fault Divorce

The current divorce system is commonly referred to as no-fault divorce.

The applicant does not have to provide details of blame or produce examples of the other spouse's conduct. The application contains a statement that the marriage has broken down irretrievably.

The court does not investigate the reasons for the breakdown, and the other spouse cannot prevent the divorce simply because they disagree with the decision to end the marriage.

This does not mean that conduct is irrelevant in every family law case. Domestic abuse, financial misconduct and behaviour affecting children may be relevant to separate applications. However, they do not have to be proved to obtain a divorce.

Sole and Joint Divorce Applications

A divorce application may be made:

• by one spouse as a sole applicant; or
• by both spouses together as joint applicants.

Sole Applications

In a sole application, one spouse applies for divorce and the other spouse is called the respondent.

A sole application may be appropriate where:

• the other spouse does not agree to make a joint application;
• communication is difficult;
• there has been domestic abuse or controlling behaviour;
• the other spouse is unlikely to cooperate;
• the other spouse's whereabouts are uncertain; or
• one person prefers to manage the process independently.

Joint Applications

In a joint application, the spouses are known as applicant 1 and applicant 2. Both confirm that they want the divorce to proceed.

A joint application may be suitable where the decision to divorce is mutual, and both spouses are willing to cooperate with the online or paper process.

A joint application does not require the spouses to agree about finances or arrangements for children. Those matters remain separate.

Changing from a Joint to a Sole Application

A joint application can be converted to a sole application at certain stages if one spouse stops participating or no longer wishes to proceed jointly.

One spouse cannot use the joint process to prevent the other from completing the divorce.

The Three Main Stages of Divorce

The current divorce process has three principal stages:

• the divorce application;
• the conditional order; and
• the final order.

The final order legally ends the marriage.

Stage One: The Divorce Application

Information Required

The application will normally require:

• the full names and contact details of the spouses;
• details of the marriage;
• the original marriage certificate or an official certified copy;
• a certified translation if the certificate is not in English or Welsh;
• information establishing the court's jurisdiction;
• the respondent's address for service in a sole application;
• details of any related court proceedings; and
• confirmation that the marriage has broken down irretrievably.

An application can usually be made online. A paper application using Form D8 remains available where necessary.

Marriage Certificates

The court will generally require either the original marriage certificate or an official certified copy issued by the relevant registration authority.

A photocopy is usually not sufficient. Where the marriage certificate is in another language, a certified English or Welsh translation will normally be required.

If the names shown on the certificate differ from the names currently used, evidence or an explanation may be needed.

Applying Online or by Post

Most applicants use the online divorce service. Applications can also be made by post to the central Divorce and Dissolution Service.

It is generally unnecessary to send the papers to a local family court simply because it is. Most routine divorce applications are administered centrally and do not require the parties to attend a court building.

The Divorce Application Fee

The court fee for filing a divorce application is currently £628.

This is the court fee only. It does not include any solicitor's charges for advice, preparation of the application, service, or handling of financial and child-related matters.

Help with Fees may be available where the applicant has a low income, receives qualifying benefits or has limited savings and investments.

For a joint application, both applicants generally need to qualify for Help with Fees. If one does not qualify or does not apply, the full application fee will normally be payable.

What Happens After the Application Is Submitted?

Submitting an online form does not, by itself, mean that divorce proceedings have started. The proceedings formally begin when the court issues the application.

The court will provide a case number and send or arrange service of the application on the respondent in a sole case.

Service of the Divorce Application

Service is the formal process of providing the respondent with the divorce papers.

The court will usually serve a sole application by email and post using the information provided by the applicant.

The applicant should not ordinarily use their own email address in place of the respondent's merely because communication is difficult. Accurate service details should be supplied wherever possible.

The Acknowledgement of Service

The respondent is normally asked to complete an acknowledgement of service confirming receipt of the application.

The response will usually address matters including:

• whether the respondent has received the application;
• whether the details are correct;
• whether the respondent intends to dispute the proceedings on one of the limited permitted grounds; and
• whether there are any issues concerning court costs.

Failing to return the acknowledgement does not automatically stop the divorce. The applicant may need to prove service or seek the court's approval of an alternative method.

If the Respondent Cannot Be Found

Depending on the circumstances, the applicant may ask the court for:

• alternative service by another method;
• service at another address;
• deemed service where there is evidence the papers were received;
• service by a court bailiff; or
• dispensation with service where all reasonable attempts have failed.

Evidence of the searches and enquiries made may be required.

Can a Divorce Be Defended?

A respondent cannot dispute a divorce merely because they want to remain married, deny responsibility for the breakdown or disagree with the applicant's reasons.

A divorce may only be disputed on limited legal grounds, such as:

• the courts of England and Wales do not have jurisdiction;
• the marriage is not legally valid;
• the marriage has already legally ended; or
• there has been a serious procedural irregularity or other legal bar.

A respondent who intends to dispute the divorce must file the required formal answer and pay the applicable court fee within the prescribed period.

Disputed divorce proceedings are now unusual. Disagreements about children, money, property or conduct are dealt with through separate legal processes rather than by defending the divorce itself.

The Minimum 20-Week Period

There is a minimum period of 20 weeks between the issue of the divorce application and the point at which the applicant or applicants can apply for the conditional order.

The 20 weeks are intended to provide time for reflection and for the parties to begin dealing with practical arrangements.

The period does not mean that every divorce will be completed after exactly 20 weeks. Delays may arise because of:

• difficulty serving the respondent;
• errors in the application;
• failure to complete required stages;
• a disputed jurisdictional issue;
• court processing times; or
• decisions to delay the final order while finances are resolved.

Stage Two: The Conditional Order

A conditional order is the court's formal confirmation that it sees no legal reason why the divorce cannot proceed.

It replaces the document previously called a decree nisi.

The applicant or joint applicants can normally apply for the conditional order once:

• at least 20 weeks have passed since the proceedings were issued;
• service has been established; and
• any required acknowledgment or service application has been dealt with.

The application confirms that the applicant or applicants want the divorce to continue.

Does the Conditional Order End the Marriage?

No. The parties remain legally married after the conditional order.

They cannot remarry until the final order has been made.

Is a Court Hearing Required?

Most uncontested divorce applications are processed administratively and do not require either spouse to appear in court.

A hearing may be required when a disputed legal or procedural issue is at stake.

Stage Three: The Final Order

The final order is the document that legally ends the marriage. It replaces the former decree absolute.

The applicant must wait at least 6 weeks and 1 day (43 days) after the conditional order before applying for the final order.

The court will check that the required period has passed and that there is no legal reason preventing the divorce from being finalised.

Once the final order is made:

• the marriage is legally ended;
• the former spouses are free to remarry;
• certain inheritance and pension rights may change; and
• the final order should be retained safely as proof of the divorce.

Final Orders in Joint Applications

Joint applicants can apply together for the final order.

One spouse may also continue as a sole applicant where the other no longer wishes to participate.

If the Applicant Does Not Apply

In a sole application, the respondent may apply for the final order if the applicant does not.

The respondent normally has to wait a further three months after the applicant's first permitted date. The court may list the application for consideration and can examine the reason for the delay.

Delay of More Than 12 Months

If the final order application is made more than 12 months after the conditional order, the applicant may be required to explain:

• the reason for the delay;
• whether the spouses have lived together since the conditional order;
• whether a child has been born to either spouse since the conditional order; and
• whether there is any reason the final order should not be made.

Should the Final Order Be Delayed Until Finances Are Settled?

Applying for the final order as soon as it becomes available is not always advisable.

The final order can affect:

• rights under a spouse's pension;
• death-in-service benefits;
• inheritance rights;
• occupation of the family home;
• tax planning;
• insurance arrangements; and
• the position if one spouse dies before a financial order is made.

Where financial matters remain unresolved, legal advice should normally be sought before the marriage is formally brought to an end.

A solicitor may advise delaying the final order until an agreed financial order has been approved or suitable protections have been put in place.

Divorce and Financial Arrangements

The divorce application ends the legal marriage. It does not automatically divide property, settle financial claims, or determine what should happen to pensions, savings, businesses, or debts.

Financial matters are dealt with separately through negotiation, mediation, arbitration or an application for a financial remedy.

Financial Claims That May Be Available

The court can make orders concerning:

• sale or transfer of the family home;
• other property;
• lump-sum payments;
• spousal maintenance;
• pension sharing or attachment;
• business interests;
• savings and investments;
• debts and liabilities; and
• financial provision for children in qualifying circumstances.

Financial Disclosure

Each spouse is generally expected to provide full and honest information about their financial circumstances.

Disclosure may include:

• bank statements;
• property valuations;
• mortgage statements;
• income information;
• tax returns;
• pension valuations;
• business accounts;
• investments;
• debts; and
• assets held in the United Kingdom or abroad.

An agreement reached without reliable disclosure may later be challenged.

Consent Orders

Where the spouses reach a financial agreement, a solicitor can prepare a consent order for approval by the court.

A private agreement is not necessarily sufficient to prevent future financial claims. A court-approved order can make the settlement binding and may, where appropriate, dismiss further claims.

The court fee for a financial order made by consent is currently £62. A contested financial remedy application currently carries a £321 court fee, in addition to legal and professional costs.

Clean Break Orders

A clean break order dismisses some or all future financial claims between the spouses.

A clean break may take effect immediately or after specified obligations have been completed. It is not appropriate in every case, particularly where continuing spousal maintenance is required.

Divorce itself does not automatically create a financial clean break.

Divorce and Arrangements for Children

The divorce application does not ordinarily require the parents to file detailed arrangements for their children. The former statement of arrangements for children is no longer part of the standard divorce process.

Parents remain responsible for making appropriate arrangements concerning:

• where the children will live;
• time with each parent;
• school holidays and special occasions;
• education;
• medical treatment;
• travel abroad;
• communication; and
• financial support.

Where parents agree, a court order is not usually necessary. They may record the arrangements in a parenting plan.

If agreement cannot be reached, mediation or solicitor negotiation may help. An application for a child arrangements order or another Children Act order may be required where the dispute remains unresolved.

Child Maintenance

Child maintenance is separate from the divorce application.

Parents may agree payments privately or use the Child Maintenance Service where the statutory scheme applies. The family court retains powers in certain cases, including some involving high incomes, educational expenses, disability or stepchildren.

Domestic Abuse and Divorce

A person experiencing domestic abuse does not need the other spouse's cooperation to make a sole divorce application.

Protective measures may include:

• keeping contact details confidential from the other spouse;
• using a safe address for correspondence;
• applying for a non-molestation order;
• applying for an occupation order;
• seeking urgent child-related orders;
• asking the court to control service arrangements; and
• obtaining legal aid where the eligibility requirements are met.

Domestic abuse can include physical or sexual abuse, threats, harassment, stalking, economic abuse and coercive or controlling behaviour.

Immediate danger should be reported to the police.

What Happens to the Family Home?

Ownership of the family home is not determined by the divorce application itself.

Possible outcomes include:

• selling the property and dividing the proceeds;
• transferring ownership to one spouse;
• one spouse remaining temporarily before a later sale;
• retaining the property in joint names for a period;
• offsetting the property against pension or other assets; or
• one spouse buying out the other’s interest.

The appropriate result depends on the complete financial circumstances, including housing needs, children, income, borrowing capacity and available assets.

Home Rights

A spouse who does not legally own the matrimonial home may still have statutory rights to occupy it.

Where the property is registered solely in the other spouse's name, it may be appropriate to register matrimonial home rights with HM Land Registry to help protect the right to occupy while matters are resolved.

Home rights are not a permanent ownership interest and normally end when the marriage is legally terminated, unless protected by a court order.

Pensions and Divorce

Pensions can be among the most valuable matrimonial assets and should not be overlooked merely because they do not provide immediate cash.

The court can make:

• pension sharing orders;
• pension attachment orders; or
• offsetting arrangements using other assets.

Specialist pension reports may be appropriate where pensions are valuable, defined-benefit, public-sector, military, police, NHS, or otherwise complex.

A pension sharing order cannot normally take effect until the final order has been made. However, obtaining the final order before the financial order is ready can create risks if either spouse dies.

Businesses and Divorce

A business may need to be valued as part of the financial settlement.

Relevant issues may include:

• ownership and shareholdings;
• maintainable income;
• capital value;
• company assets;
• director's loan accounts;
• tax consequences;
• liquidity;
• third-party shareholders; and
• whether the business can fund a settlement without being damaged.

The court does not automatically require a business to be sold. It may seek to preserve a viable income-producing business while achieving a fair outcome.

Debts and Divorce

Divorce does not automatically remove a person from joint debts, mortgages, guarantees or credit agreements.

A financial order between spouses does not necessarily bind a bank or other creditor that was not a party to the agreement.

Where a debt is in joint names, each borrower may remain liable to the lender for the full amount, subject to the terms of the contract.

Creditors should be contacted and formal refinancing, release or account closure arranged where necessary.

Wills and Inheritance

Divorce can affect an existing will but does not automatically revoke the entire document.

Once the final order is made, provisions appointing or benefiting the former spouse will generally be treated as though that spouse had died on the date of the divorce, unless the will indicates a contrary intention.

Before the final order, the spouses remain legally married, and inheritance rights may continue.

Each spouse should review:

• their will;
• pension nominations;
• death-in-service nominations;
• life insurance;
• joint ownership arrangements;
• lasting powers of attorney; and
• trust or business succession arrangements.

Changing Your Name After Divorce

A divorced person may continue using their married name or return to a former name.

Organisations may request evidence such as:

• the marriage certificate;
• the final order;
• the birth certificate; or
• a deed poll or statutory declaration in some circumstances.

Changing a name does not automatically alter parental responsibility or a child's surname.

How Long Does a Divorce Take?

The statutory minimum periods mean that a straightforward divorce will normally take at least approximately seven months from issue to final order.

This consists principally of:

• the minimum 20-week period before applying for the conditional order;
• time for the court to process and make the conditional order; and
• at least six weeks and one day before applying for the final order.

The actual process may take longer where there are service difficulties, errors, overseas issues or a deliberate decision to wait for financial arrangements.

Financial or child-related proceedings may continue after the divorce is finalised.

Do You Need a Solicitor?

A person can submit a divorce application without instructing a solicitor. The online process is designed to be accessible in straightforward cases.

Legal advice may be particularly useful where:

• there are substantial or complex assets;
• there is a house, business or pension to divide;
• one spouse lives abroad;
• there are overseas assets;
• jurisdiction may be disputed;
• the marriage’s validity is uncertain;
• the respondent cannot be found;
• there has been domestic abuse;
• financial information is being withheld;
• one spouse wishes to remarry quickly;
• the final order may affect pension or inheritance rights; or
• agreement cannot be reached about children or finances.

A solicitor can handle the divorce application alone or provide a broader service covering finances and children.

How a Divorce Solicitor Can Help

A divorce solicitor may assist with:

• checking eligibility and jurisdiction;
• sole and joint divorce applications;
• overseas marriage certificates;
• service difficulties and missing respondents;
• conditional and final order applications;
• advice about delaying the final order;
• financial disclosure;
• negotiating a financial settlement;
• preparing consent and clean break orders;
• property and pension arrangements;
• business and trust interests;
• spousal and child maintenance;
• arrangements for children;
• domestic abuse injunctions;
• mediation and non-court dispute resolution; and
• representation in contested family proceedings.

Finding a Divorce Solicitor

Although no-fault divorce has simplified the legal process of ending a marriage, it does not automatically resolve financial claims, property ownership, pensions or arrangements for children.

Taking legal advice before applying for the final order can help ensure that important financial, pension and inheritance rights are not unintentionally lost.

Use the search facility at the top of this page to find a divorce solicitor who can explain the process, prepare the required documents and advise on related financial and family matters.

This guide provides general information about divorce law in England and Wales. It does not constitute legal advice and should not be relied upon as a substitute for advice about your individual circumstances.