Divorce Process in England and Wales
Divorce in England and Wales has been no-fault since 6 April 2022: either spouse, or both together, can apply on the single ground of irretrievable breakdown, without blaming the other or proving specific facts. Here is how the process works, step by step.
What Is the Divorce Process in England and Wales
Since 6 April 2022, England and Wales has had a no-fault divorce system under the Divorce, Dissolution and Separation Act 2020. The only ground for divorce is that the marriage has irretrievably broken down, and this is shown by a statement of irretrievable breakdown rather than by proving adultery, unreasonable behaviour, or another fact. Either spouse can apply alone, or both spouses can apply together as a joint application. Once the statement is made, the other spouse cannot contest the breakdown itself, though a divorce can still be disputed on limited legal grounds such as jurisdiction or the validity of the marriage. For the background to this reform, see no-fault divorce.
The Five Steps From Application to Final Order
The no-fault process follows a fixed sequence with two minimum waiting periods built in. In order:
- Apply. One or both spouses apply online, or by paper, submitting a statement of irretrievable breakdown and paying the court fee.
- 20-week wait. A minimum 20-week "period of reflection" runs from the start of proceedings before the applicant, or applicants, can apply for the conditional order.
- Conditional order. The court confirms it sees no reason the couple cannot divorce. This does not end the marriage.
- 6-week wait. A further minimum 6-week wait runs from the conditional order before the final order can be applied for.
- Final order. The final order legally ends the marriage. Either spouse can apply for it after the 6-week wait, though the other spouse must wait a further 3 months if they have not applied for it themselves.
How Much Does a Divorce Cost
The court fee for a divorce application is currently around £612, payable when the application is submitted; GOV.UK publishes the current figure and any help-with-fees eligibility for people on a low income or certain benefits. This court fee covers the application itself, not any legal advice. A couple who agree on the divorce and on their finances can often apply without solicitors, using GOV.UK's own online service, while more complex cases, particularly disputes over money or arrangements for children, tend to involve solicitor's fees on top of the court fee.
How Long Do You Need to Have Been Married
A couple must have been married for at least 1 year before either of them can apply for a divorce in England and Wales. There is no exception to this rule for the length of the marriage itself, though the parties can separate informally at any point before reaching the 1-year mark. Couples who want to end a marriage before 1 year has passed have no divorce route available to them in England and Wales; annulment is a separate, narrower process that applies only in specific circumstances, such as the marriage never having been validly formed.
Sorting Out Finances During a Divorce
The divorce process itself only ends the marriage; it does not decide how money, property, or pensions are divided. Financial matters are handled separately, usually through negotiation, mediation, or a court application under section 25 of the Matrimonial Causes Act 1973. See financial settlement on divorce for how the court approaches this. It is usually wise to agree a consent order recording the financial settlement before applying for the final order, because finalising the divorce without one can leave both spouses' financial claims against each other open for years afterwards, even where there was an informal agreement at the time.
Divorce in Scotland and Northern Ireland
Divorce law is devolved and differs across the UK; this page covers England and Wales only. Scotland has not adopted no-fault divorce in the same way: under the Divorce (Scotland) Act 1976, irretrievable breakdown is shown by 1 year's separation with the other party's consent, 2 years' separation without consent, adultery, or unreasonable behaviour, and a simplified procedure is available in straightforward cases. See divorce in Scotland for the full picture. Northern Ireland is still fault-based: under the Matrimonial Causes (Northern Ireland) Order 1978, a petition relies on grounds such as adultery, unreasonable behaviour, desertion, or separation, and a petition cannot be presented until the couple has been married for 2 years.
This page covers the divorce process in England and Wales only and is general information, not legal advice. Individual circumstances, particularly disputed finances or arrangements for children, can change what steps are needed and how long they take, so anyone going through a divorce should consider guidance from Citizens Advice or a solicitor. For the wider picture, see the UK Family Law hub and the United Kingdom hub.
Frequently Asked Questions
Do I need my spouse's agreement to get a divorce in England and Wales?
No. Since 6 April 2022, one spouse can apply alone as a sole application, and the other spouse cannot contest the breakdown itself. A joint application is also available if both spouses want to apply together.
How long does a divorce take in England and Wales?
There is a minimum 20-week wait before applying for the conditional order and a further minimum 6-week wait before the final order, so the legal minimum is around 26 weeks from application to final order. In practice it often takes longer, depending on court processing times and whether finances are agreed.
What is a conditional order?
A conditional order is the court's confirmation that it sees no reason the couple cannot divorce. It does not end the marriage. The marriage only ends when the final order is made, at least 6 weeks after the conditional order.
What is a final order?
The final order is the document that legally ends the marriage. It can be applied for once at least 6 weeks have passed since the conditional order.
Can we apply for a divorce jointly?
Yes. Since the no-fault reform, spouses can choose a joint application and apply together, rather than one spouse applying as a sole applicant.
How much does it cost to get divorced in England and Wales?
The court fee is currently around £612, payable on application. Any solicitor's fees are separate and depend on how much support is needed, particularly if finances or children's arrangements are disputed.
Do we need to sort out our finances before the divorce is finalised?
The divorce process does not itself divide money or property. It is usually wise to agree a consent order setting out the financial settlement before applying for the final order, because finalising the divorce without one can leave financial claims open.
Is the divorce process the same in Scotland and Northern Ireland?
No. Scotland uses separation-based and fault grounds under different legislation and has not adopted the England and Wales no-fault model. Northern Ireland is still fault-based, and a petition cannot be presented until the couple has been married for 2 years.
Updates
No-fault divorce came into force in England and Wales under the Divorce, Dissolution and Separation Act 2020, replacing the previous fact-based system and removing the ability to contest a divorce.
Sources and References
- Divorce - GOV.UK(gov.uk).gov
- Get a divorce: how to apply - GOV.UK(gov.uk).gov
- Divorce, Dissolution and Separation Act 2020(legislation.gov.uk).gov
- Getting a divorce - Citizens Advice(citizensadvice.org.uk)