The divorce process in England and Wales, step by step

Since 6 April 2022, divorce in England and Wales has been no-fault. Neither of you has to blame the other, and the process follows set steps with built-in waiting periods. This guide walks through each stage, from the divorce application to the final order, and explains how finances and children fit in.

Before you apply

You can apply for a divorce if:

• you have been married for at least one year
• your marriage is legally recognised in the UK
• you have a strong enough legal connection to England and Wales, usually through where you or your spouse live or are domiciled

The only legal ground for divorce is that the marriage has broken down irretrievably, meaning it cannot be saved. You confirm this in a statement of irretrievable breakdown. You don't need to give reasons or evidence, and the court accepts the statement as proof.

You will need your marriage certificate or a certified copy, with a certified translation if it is not in English. There is a court fee. Check the current fee on GOV.UK, where you can also see whether you can get help paying it.

Civil partners follow a very similar process to end a civil partnership, which is called dissolution.

Sole or joint application

You can apply alone or together, online through GOV.UK or by post.

• In a sole application, one spouse applies. They are called the applicant, and the other spouse is the respondent.
• In a joint application, you apply together as joint applicants.

A joint application can suit couples who both accept the marriage is over. If one of you stops cooperating, the other can usually carry on as a sole applicant at the conditional order or final order stage. A sole application cannot later become a joint one.

If you apply alone

The court sends the divorce application to the respondent, usually by email and post. The respondent should complete an acknowledgement of service, a form confirming they have received it, within 14 days.

The respondent cannot defend the divorce because they disagree that the marriage has broken down. They can only dispute it on narrow legal grounds. Examples are the court not having jurisdiction (the legal power to deal with the case) or the marriage not being valid.

The 20-week wait

You must wait at least 20 weeks from the date the court issues the application before you can apply for the conditional order. The issue date is the date the court formally starts the case.

This is a period for reflection. It gives you time to be sure, and to start working out arrangements for money and children.

The conditional order

After 20 weeks, the applicant, or both of you in a joint application, can apply for the conditional order. This is the court's confirmation that you are entitled to a divorce. A judge checks the paperwork and, if satisfied, the court tells you the date the conditional order will be made.

You are still married at this stage. The conditional order matters for your finances, though. From this point the court can approve a consent order or make other financial orders, although most will not take effect until the final order.

The final order

You must wait at least 6 weeks and 1 day after the conditional order before you can apply for the final order. The final order legally ends the marriage.

• In a sole application, the applicant applies. If they don't, the respondent can apply once a further three months have passed.
• In a joint application, you can apply together, or one of you can apply alone after giving notice to the other.

If you apply more than 12 months after the conditional order, you will need to explain the delay.

Keep your final order safe. You will need it if you want to remarry, and you may be asked for it when updating official records.

Because of the waiting periods, a divorce takes at least around six months from issue to final order, and often longer.

Money and property

The divorce itself does not deal with your finances. Financial claims between you stay open, even after the final order, until a court order deals with them. These are called financial remedy claims.

If you agree how to divide things, a judge can approve your agreement as a consent order. If you cannot agree, either of you can apply to the court for a financial remedy order. Before applying, you will usually need to attend a mediation information and assessment meeting (MIAM), a short meeting to find out whether mediation could work, unless an exemption applies.

Think about your finances before you apply for the final order. In some cases, especially where pensions are involved, it is sensible to wait until a financial order is in place. For more, see divorce and financial settlements.

Children

The divorce does not decide where children live or how much time they spend with each parent. Parents can agree arrangements between themselves, with help from mediation if needed.

If you cannot agree, you can apply to the court for a child arrangements order, which sets out who a child lives with and spends time with. As with finances, you will usually need to attend a MIAM first, unless an exemption applies. The court's main concern is always the child's welfare. For more, see child arrangements.

Child maintenance is arranged separately, either between parents or through the Child Maintenance Service.

Once the divorce is under way, it is also worth reviewing your will, pension nominations, and life insurance.