Key takeaways
- Since 6 April 2022 divorce in England and Wales is no-fault: one or both spouses state that the marriage has broken down irretrievably.
- You can apply once you have been married for at least one year and the courts of England and Wales have jurisdiction.
- The court fee is £628 from 13 July 2026, and Help with Fees can reduce it for people on benefits or low incomes.
- You must wait 20 weeks before the conditional order and 43 days before the final order; GOV.UK says divorce normally takes at least 7 months.
- A spouse can dispute a divorce only on narrow grounds, such as jurisdiction or the validity of the marriage; refusing to agree cannot stop it.
- The divorce does not settle money, property or pensions; if you want a binding financial order, apply for it before the final order.
- If your visa depends on your relationship, separation can affect your right to stay and you must usually tell the Home Office; take advice early.
Getting a divorce in the UK starts with filing for divorce, an online or paper application to the family court, and ends with a final order that legally ends the marriage. This guide explains the divorce process in the UK as it applies in England and Wales; Scotland and Northern Ireland have their own rules, which we summarise below.
Since the no-fault divorce reform of 6 April 2022, nobody has to prove adultery, unreasonable behaviour or years of separation. The process is simpler and less hostile than before, but it still has fixed waiting periods, strict deadlines and, above all, financial and practical consequences that the divorce itself does not resolve: the family home, savings, pensions, maintenance, children and, for many of our clients, immigration status.
Sterling Law’s family solicitors in London act for clients in sole and joint divorces, financial settlements and children matters, including divorces with an international element. We can handle the whole divorce for you or advise you at the stages where mistakes are most costly.
Who can get a divorce in England and Wales?
You can apply for a divorce if all of the following apply:
- you have been married for at least one year; the law does not allow an application before the first anniversary;
- your marriage is legally recognised in the UK, including a same-sex marriage or a marriage that took place abroad;
- your relationship has permanently broken down;
- the courts of England and Wales have jurisdiction.
Jurisdiction is based on habitual residence or domicile on the date of the application. The court can deal with your divorce if, for example, you are both habitually resident in England and Wales, your spouse is habitually resident here, you are habitually resident here and have lived here for at least one year immediately before applying (or six months if you are also domiciled here), or one of you is domiciled here. For a joint application it is enough that either of you is habitually resident in England and Wales. If you or your spouse live abroad, or you married abroad, our page on international divorce explains where to apply and why the choice of country can matter.
You will need your original marriage certificate or a certified copy, with a certified translation if it is not in English. Civil partners follow almost the same process to end a civil partnership.
What are the grounds for divorce in the UK now?
Under the current divorce law in England and Wales there is only one ground: the marriage has broken down irretrievably. Under the Divorce, Dissolution and Separation Act 2020, which came into force on 6 April 2022, you only need to make a statement that this is the case, and the court must accept that statement as conclusive evidence.
You no longer have to rely on adultery, unreasonable behaviour, desertion, or two or five years of separation. Those five facts now matter only for divorces started before 6 April 2022. You also do not need to live apart before applying, and your spouse cannot defend the divorce simply because they disagree that the marriage is over. Equally, separation never leads to an automatic divorce, however long it lasts: one of you must apply.
Sole or joint application?
You can apply on your own as a sole applicant, in which case your spouse becomes the respondent, or together with your spouse as joint applicants. Both routes lead to the same final order, and a joint application is the closest English law comes to a mutual divorce by agreement.
| Sole application | Joint application | |
|---|---|---|
| Who applies | one spouse; the other is the respondent | both spouses, using the same method (online or post) |
| Service on the other spouse | needed; the respondent must acknowledge the application | not needed; each applicant acknowledges the application |
| Conditional and final order | the applicant applies; the respondent can apply for the final order only after an extra 3 months | both apply together; if one stops cooperating, the other can continue alone at the conditional order stage (the application is then served on the other spouse) or at the final order stage (after giving 14 days’ notice) |
| When it suits | your spouse will not cooperate, cannot be found, or there is a risk of domestic abuse | you both agree the marriage is over and can communicate safely |
| Median time to final order (April to June 2026) | 41 weeks | 35 weeks |
The UK divorce process step by step
The divorce procedure in England and Wales follows seven steps. In a joint application, steps 2 and 3 are simpler because there is no respondent.
Step 1. File for divorce
To start a divorce, file the divorce application online through GOV.UK or by post using form D8; before April 2022 it was called a divorce petition. The documents and details you need are your marriage certificate, your husband or wife’s full name and address (and email address if you have it), proof of any change of name since the marriage, and the £628 fee or a Help with Fees reference. The court does not refund the fee once it has issued the application.
Step 2. The court issues the application and serves your spouse
In a sole application, the court normally sends the papers to your spouse by email, or by post if no email address is given. You can ask to arrange service yourself, but you cannot hand the papers over personally, and you must take the steps to serve them within 28 days of the date of issue.
Step 3. Your spouse acknowledges the application
Your spouse must file an acknowledgment of service within 14 days of being served and say whether they intend to dispute the divorce. If they want to dispute it, they must file an answer, with a £240 fee, within 21 days beginning with the date by which the acknowledgment is due; the time limits are longer if the papers were served abroad. A divorce can be disputed only on limited grounds: that the court does not have jurisdiction, that the marriage is not valid, or that it has already ended.
Step 4. Wait 20 weeks and apply for the conditional order
The law sets a reflection period of 20 weeks from the date the court issues the application. After that you can apply for a conditional order, formerly called a decree nisi. Use this time to agree arrangements for money, property and children.
Step 5. The conditional order is pronounced
A judge checks the application and, if satisfied, the court sends a certificate with the date and time on which the conditional order will be pronounced. The conditional order means the court sees no reason why you cannot divorce, but you are still married.
Step 6. Wait 43 days and apply for the final order
You can apply for the final order, formerly called a decree absolute, 43 days (6 weeks and 1 day) after the conditional order. If you are the respondent in a sole application and the applicant does not apply, you can apply after a further 3 months. If more than 12 months have passed since the conditional order, you must explain the delay.
Step 7. The final order ends the marriage
Once the final order is made, you are divorced and free to marry again. Keep the final order safely: it is the official proof of divorce, and you may need it to remarry, change your name or update your immigration or tax records.
How long does a divorce take in the UK?
The two statutory waiting periods alone add up to about 26 weeks, and the court shortens them only in exceptional cases. GOV.UK says a divorce normally takes at least 7 months. In practice it often takes longer, especially when finances are being negotiated. A husband or wife who does not cooperate can slow things down, for example by not responding, but cannot drag out the divorce indefinitely: the court can deal with service, and the applicant can apply for each order.
| Stage | Timescale |
|---|---|
| Spouse acknowledges a sole application | within 14 days of service |
| Reflection period | 20 weeks from issue of the application |
| Court review of the conditional order application | can take several weeks |
| Wait before applying for the final order | 43 days after the conditional order |
| Median time from application to final order | 40 weeks (official statistics, April to June 2026) |
Many people deliberately wait before applying for the final order until a financial order is in place, which adds time but protects their position.
How much does a divorce cost?
The court fee for a divorce application in England and Wales is £628 from 13 July 2026. It was £612 from April 2025. There is no further court fee for an undisputed conditional order or for the applicant’s final order. Other family court fees you may meet are:
| Court fee | Amount |
|---|---|
| Divorce, nullity or civil partnership dissolution application | £628 |
| Judicial separation application | £426 |
| Answer to dispute a divorce | £240 |
| Financial order by consent (consent order) | £62 |
| Financial order application, not by consent (Form A) | £321 |
| Application on notice where no other fee applies | £195 |
| Application without notice or by consent where no other fee applies | £62 |
| Service by a court bailiff | £47 |
Help with Fees. If you receive certain benefits, such as Universal Credit with low earnings, or have a low income and savings of up to £4,250 (higher limits apply for larger fees or if you or your partner are 66 or over), the court may reduce the fee or waive it. In a joint application, both of you must qualify. If you are applying for divorce online, get your Help with Fees reference before you submit the divorce application; if you apply by post, send the Help with Fees form with form D8. You can also ask for a refund of a fee paid in the last 3 months.
Legal costs are separate and depend on how much help you need. A simple, uncontested divorce costs far less than one that involves negotiating a financial settlement or a dispute about children. We agree the scope and cost of our work with you at the start.
What if your spouse does not respond or cannot be found?
If your spouse does not return the acknowledgment of service, the divorce can still continue. The court can treat the papers as served if there is evidence your spouse received them (deemed service), allow service by another method or at another address (alternative service), arrange service by a court bailiff, or, where service is impracticable, dispense with service altogether. Each of these needs a separate application, usually with a court fee, and evidence of the steps you have taken. If your spouse lives outside England and Wales, the court will not serve the papers for you: you must arrange service yourself, in Scotland or Northern Ireland by the usual methods, and elsewhere through that country’s authorities under the Hague Service Convention, a British consulate or another method allowed by local law.
Money, property and pensions
Obtaining a divorce ends the marriage, but it does not end financial claims between you and your spouse. Those are dealt with in separate financial remedy proceedings, which can run alongside the divorce.
- If you agree, your solicitor can draft a consent order and send it to the court for approval with form D81 and a £62 fee. The court can approve it after the conditional order, and it takes effect on the final order. An agreement that is not in a court order is not legally binding. See our page on financial orders by consent.
- If you cannot agree, either of you can apply to the court on Form A (£321), usually after attending a mediation information and assessment meeting (MIAM). The court then manages the case through a first appointment, a financial dispute resolution hearing and, if needed, a final hearing.
- Timing matters. GOV.UK advises applying for a binding financial arrangement before you apply for the final order; applying later can have financial consequences, particularly for pensions.
- Remarriage. If you remarry or form a civil partnership before applying for a financial order, you lose the right to apply for most financial claims for yourself.
- The family home. If the home is in your spouse’s sole name, your right to occupy it (home rights) normally ends with the marriage, so you may need to protect it, for example by registering a notice, before the final order.
The court must consider whether a clean break, ending the financial obligations between you as soon as is just and reasonable, is appropriate. Read more about financial settlements in divorce, clean break orders, property division and spousal maintenance.
Children and divorce
Parents who agree on where the children will live and how they will spend time with each parent do not need a court order. If you cannot agree, you can apply for a child arrangements order; the court fee is £270, and you will usually need to attend a MIAM first. Child maintenance can be agreed between parents or arranged through the Child Maintenance Service. Our children matters team advises on arrangements, relocation and international issues.
Mediation, MIAMs and legal aid
Before applying to court for a financial order or a child arrangements order, you normally have to attend a MIAM, a meeting with an accredited mediator to consider whether mediation could work. There are exemptions, for example where there is evidence of domestic abuse or the matter is urgent. A MIAM is not needed for a consent order.
The government’s Family Mediation Voucher Scheme gives up to £500 towards mediation. It was extended for another year in May 2026. It is not means-tested and does not pay for the MIAM itself. It covers disputes about children, and financial issues only when they are raised together with a children dispute.
Legal aid is not normally available for the divorce itself or for financial and children proceedings, unless you have evidence of domestic abuse or child abuse and meet the financial eligibility test. Legal aid for family mediation is more widely available. If you need protection, see our pages on domestic abuse and non-molestation orders.
Divorce and your immigration status
If you are in the UK as the partner of a British citizen or settled person, or as the dependant partner of a worker, your permission depends on the relationship continuing. When the relationship breaks down, you must usually tell the Home Office. If you want to stay, apply for another visa or for settlement as soon as possible after the breakdown; do not wait until your current visa expires or the divorce is finalised.
Depending on your circumstances, you may be able to stay on another basis. Partners of British citizens, settled persons and some others may apply to settle if the relationship ended because of domestic abuse. A parent of a child who is British, settled in the UK or has lived in the UK for at least 7 years may qualify as a parent. Others may qualify through work, private life or long residence. Indefinite leave to remain that you already hold is not affected by divorce.
Because Sterling Law advises on both family and immigration law, we can plan the two together. Read more about whether you can stay in the UK after divorce on a spouse visa and about the domestic violence route.
Alternatives to divorce: judicial separation and annulment
Judicial separation lets you live apart formally and ask the court to deal with most financial matters, but not pension sharing, without ending the marriage. It may suit people with religious objections to divorce or those married for less than a year. It is also no-fault, has no 20-week or 43-day waiting periods, and the court fee is £426. Read more about legal separation in the UK and how it differs from divorce.
Annulment declares that a marriage was either never valid (void), for example because one person was already married or under 18 (under 16 for marriages before 27 February 2023), or can be set aside (voidable), for example for lack of valid consent or non-consummation. It is not an easier version of divorce: you must prove the specific ground, and proceedings on most voidable grounds, including lack of valid consent, must start within three years of the marriage, although there is no time limit for non-consummation. The fee is £628, the same as for divorce. See the difference between divorce and annulment.
A separation agreement between spouses can record arrangements, but it is not a court order and is not legally binding in the same way as a consent order.
Divorce in Scotland and Northern Ireland
UK divorce laws are not the same across the United Kingdom: the rules above apply to England and Wales. Scotland and Northern Ireland have separate laws and courts, and neither has adopted no-fault divorce in the same form. In Scotland, you must show that the marriage has broken down irretrievably by relying on adultery, behaviour, or one year’s separation with consent or two years without it. In Northern Ireland, you cannot apply until two years after the marriage, and the grounds include adultery, behaviour, desertion and periods of separation; the old terms decree nisi and decree absolute are still used.
After the divorce: practical steps
- Keep the final order; it is your proof of divorce. The court can provide a copy for a fee.
- Review your will and pension nominations early. Until the final order, your spouse can still inherit under your will or the intestacy rules and may receive pension death benefits.
- Once the final order is made, gifts in your will to your former spouse and their appointment as executor take effect as if they had died, unless the will says otherwise, which may leave gaps in your plans.
- If you want to return to your previous surname, check what evidence each organisation needs; requirements differ, and a deed poll is not always necessary.
- Update your bank, pension, insurance, HMRC and, if relevant, Home Office records.
Do you need a solicitor for a divorce?
No, you can apply for a divorce yourself, and many uncontested divorces are completed without a solicitor. Legal advice becomes important when there is property, savings, a business or pensions to divide, when you disagree about children, when one of you lives abroad or the marriage took place abroad, when your spouse does not cooperate, or when your immigration status depends on the marriage. Mistakes at these points, such as applying for the final order before finances are secured, can be expensive or impossible to undo.
How Sterling Law can help
Our family solicitors in London provide divorce services at every stage and can:
- prepare and manage a sole or joint divorce application from start to final order;
- advise on jurisdiction and international divorces, including where your spouse lives abroad;
- negotiate a financial settlement and draft a consent order;
- represent you in contested financial remedy proceedings;
- resolve arrangements for children, through agreement or court proceedings;
- advise on the immigration consequences of divorce and your options to stay in the UK;
- help with protective orders if you are at risk of domestic abuse.
Planning a divorce or already going through one? Our family solicitors in London will review your situation and explain your next steps.
FAQ
How long does a divorce take in the UK?
GOV.UK says a divorce in England and Wales normally takes at least 7 months. You must wait 20 weeks before applying for the conditional order and 43 days before applying for the final order. Official statistics for April to June 2026 show a median of 40 weeks from application to final order.
How much does a divorce cost in the UK?
The court fee for a divorce application in England and Wales is £628 from 13 July 2026. Help with Fees can reduce or waive it if you receive certain benefits or have a low income. Legal fees, a consent order (£62) or a contested financial application (£321) are extra.
Can my husband or wife refuse a divorce?
No. Since 6 April 2022 your statement that the marriage has broken down irretrievably is conclusive. Your spouse can dispute the divorce only on limited grounds, such as jurisdiction or the validity of the marriage, and if they do not respond, the court can still allow the divorce to continue.
Do we need to be separated before getting divorced?
No. There is no longer any requirement to live apart before applying. You must have been married for at least one year, and the courts of England and Wales must have jurisdiction.
Can I get a divorce online?
Yes. You can file for divorce online through GOV.UK, alone or jointly with your spouse, or apply by post using form D8. In a joint application both of you must use the same method.
Should we sort out finances before the final order?
Usually yes. The divorce does not end financial claims, and GOV.UK advises applying for a binding financial arrangement before you apply for the final order, as applying later can have consequences, particularly for pensions.
Can I get divorced in England if I married abroad?
Yes, if your marriage is legally recognised in the UK and the courts of England and Wales have jurisdiction, for example because you or your spouse are habitually resident or domiciled here. You will need the marriage certificate and a certified translation if it is not in English.
