Getting Divorced in England & Wales
Step-by-step guide to no-fault divorce, financial settlements, and arrangements for children.
Overview
Divorce in England & Wales was fundamentally reformed by the Divorce, Dissolution and Separation Act 2020, which introduced no-fault divorce from 6 April 2022. Under the new law, neither party needs to prove fault (adultery, behaviour, or separation). A simple statement that the marriage has irretrievably broken down is sufficient. Applications can be made jointly or by one spouse (sole applicant). The process has a mandatory 20-week reflection period. Financial orders and arrangements for children are separate processes, though they should be resolved before the final order is made.
Step-by-Step Process
Check Eligibility
You must have been married for at least one year and the marriage must be legally recognised in England & Wales. At least one of you must be domiciled in England/Wales or have been habitually resident here for 12+ months.
- You need the original marriage certificate
- If the marriage certificate is in a foreign language, you need a certified translation
- Civil partnerships follow a similar process using the same Act
Apply for Divorce
Submit your application online through the Gov.uk divorce service (or by post using Form D8). You can apply as a sole applicant or jointly. The application includes a statement that the marriage has broken down irretrievably. The court fee is £593.
- Joint applications can reduce conflict and cost
- Fee remission may be available if you are on a low income
- You do not need to give reasons — just state the marriage has broken down irretrievably
20-Week Reflection Period
After the application is issued, there is a mandatory 20-week waiting period. This is intended to allow time for reflection and for arrangements about finances and children to be made. During this period, you should address financial matters.
- Use this period to negotiate financial settlement
- Consider mediation for financial and children issues
- Get legal advice about your financial entitlements
Apply for Conditional Order
After 20 weeks, apply for the conditional order (formerly decree nisi). This confirms the court is satisfied the marriage has broken down. In a joint application, either party can apply. In a sole application, only the applicant can apply.
- The application is usually administrative — no court hearing needed
- The conditional order does not end the marriage
Apply for Final Order
At least 6 weeks after the conditional order, apply for the final order (formerly decree absolute). This legally ends the marriage. Ensure financial matters are resolved before applying — the final order can affect your financial claims.
- Do NOT apply for the final order before financial matters are resolved
- The final order ends your marriage — you can remarry
- If you die between conditional and final order, your spouse may still inherit under your will
Costs
Important Warnings
Marriage automatically revokes a will. After divorce, review your will and other legal documents.
Do not apply for the final order until financial arrangements are settled — you could lose pension and inheritance rights.
Pension sharing orders can only be made as part of divorce proceedings — not afterwards.