Applying for a No-Fault Divorce Online
How to apply for a no-fault divorce online using the HMCTS digital service under the Divorce, Dissolution and Separation Act 2020.
সংক্ষিপ্ত বিবরণ
Since 6 April 2022, all divorces in England and Wales are processed under the Divorce, Dissolution and Separation Act 2020 on a no-fault basis. You no longer need to prove adultery, unreasonable behaviour, or separation. Either spouse can apply alone (sole application) or both together (joint application). The process is entirely online via the HMCTS portal. There is a mandatory 20-week period between the start of the application and applying for the Conditional Order, and a further 6-week period before the Final Order can be applied for.
ধাপে ধাপে প্রক্রিয়া
Check the Legal Requirements
Before applying, confirm: the marriage is legally valid (check marriage certificate — registered in England, Wales, or a country whose marriages the UK recognises); the marriage has broken down irretrievably (this is the only ground under the 2020 Act — simply stated as a fact, not required to be proven); the applicant or respondent are domiciled in England or Wales, or have been habitually resident for at least 12 months.
- You must have been married for at least 1 year before you can apply for divorce
- Civil partnerships dissolve through a separate but identical process
- Overseas marriages are recognised in England and Wales if the marriage was legally valid where it took place
- If there is a pre-nuptial agreement, take legal advice on whether it is enforceable
Apply Online via HMCTS
Apply at apply-for-divorce.service.gov.uk. Create a Government Gateway account if you do not have one. The application (form D8) requires: your details, the respondent's details, the marriage certificate (uploaded as a digital scan), a statement that the marriage has broken down irretrievably, and a note of whether you are applying for a financial order at the same time. For a joint application, both parties must sign digitally. Pay the £593 court fee online (or apply for fee remission using form EX160A if on a low income).
- Upload a clear, unobstructed scan of the original marriage certificate — the court will return it
- A joint application means both spouses see all communications from the court simultaneously
- Sole applicants must serve the divorce application on the respondent — the court manages this by post or email
- Check the court's fee remission criteria before paying — low-income applicants may pay nothing
Respondent Acknowledges Service (Sole Application)
For a sole application, the court serves the application on the respondent, who must acknowledge service within 14 days. The respondent can acknowledge by paper or digitally. The respondent does not need to defend the divorce — they simply confirm receipt. If the respondent refuses to acknowledge service or cannot be contacted, the applicant can ask the court to use an alternative service method (personal service, deemed service, or dispensing with service).
- In a joint application, acknowledgement is automatic — both parties have already agreed
- If the respondent does not acknowledge service within the deadline, contact the court for guidance on alternative service
- The respondent has very limited grounds to contest the divorce under the 2020 Act — essentially only jurisdiction or that the marriage was invalid
Wait Out the 20-Week Cooling-Off Period
After the application is issued, there is a mandatory 20-week period before you can apply for the Conditional Order (formerly Decree Nisi). This period was introduced by the 2020 Act to allow parties to reflect and consider reconciliation. During this period, you should take legal advice on financial matters and, if applicable, children arrangements. A Consent Order on financial matters should be prepared during this period to be approved by the court alongside the Conditional Order.
- Use the 20-week period to negotiate financial and property matters — doing so before the divorce is finalised gives both parties leverage
- A Consent Order on finances must be approved by the court even if both parties agree — it is not automatically binding
- Attend a MIAM (Mediation Information and Assessment Meeting) if there are children matters to be resolved
Apply for the Conditional Order
After the 20-week period, apply for the Conditional Order online at the same HMCTS portal. This is a declaration that you are entitled to a divorce. In a sole application, a certificate of entitlement is issued without a hearing (if the respondent did not contest). In a joint application, both parties apply together. The Conditional Order is the equivalent of the old 'Decree Nisi'.
- The Conditional Order application is included in the original £593 fee — there is no additional fee
- The court will usually make the Conditional Order without a hearing
- At least 6 weeks and 1 day must elapse between the Conditional Order and the application for the Final Order
Apply for the Final Order
At least 6 weeks and 1 day after the Conditional Order, apply for the Final Order (the old 'Decree Absolute'). The Final Order legally ends the marriage. Do not apply for the Final Order until any financial Consent Order has been approved by the court — once divorced, you lose certain rights (e.g. to claim against each other's estate on intestacy). If you do not apply for the Final Order within 12 months of the Conditional Order, you must explain the delay to the court.
- Always resolve financial matters (via a Consent Order or contested financial remedy order) before applying for the Final Order
- A financial order made by the court remains binding regardless of remarriage — but a Consent Order may include provisions about remarriage
- Keep a copy of the Final Order safely — you will need it for remarriage, pensions, and property matters
- Notify relevant organisations of the divorce: pension providers, HMRC, Land Registry (if jointly owned property), banks
খরচ
গুরুত্বপূর্ণ সতর্কতা
The divorce itself does not resolve financial claims between spouses — you need a separate financial order (Consent Order or court order) to achieve a clean break. Without a financial order, either party can make financial claims against the other at any time after divorce.
Remarrying before a financial order is made significantly restricts your ability to make financial claims against your former spouse.
If you own property jointly, the divorce does not automatically change the ownership — you must deal with this separately through a Transfer of Equity or sale.