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.
Who Can Use This Process
- You are likely eligible to use this guide if your situation involves getting divorced in england & wales.
- You have a genuine legal basis for the matter (contract, tort, statutory right, etc.).
- You have made reasonable attempts to resolve the matter directly with the other party first.
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.
Useful Links
Frequently asked questions
- How long does the getting divorced in england & wales process take?
- The end-to-end timeline depends on which stage you're at. Common steps run on these timeframes: "Before applying"; "1–2 hours to complete"; "20 weeks"; "1–2 weeks after application". Add court / counterparty response time on top — disputed matters can run months longer than the bare minimum.
- How much does it cost?
- Main outlays are: Court application fee — £593; Mediation (MIAM) — Free (if legally aided) or £100–£500; Solicitor costs (consent order) — £500–£2,000; Solicitor costs (contested finances) — £5,000–£50,000+. Court fees often qualify for Help with Fees remission if you're on a low income. Solicitor fees are extra and vary widely — many matters can be done as a litigant in person.
- What are the most common mistakes to avoid?
- Watch out for: 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.. If you're unsure on any of these, get advice from a regulated solicitor or a free service like Citizens Advice before acting.
- Where can I find the official forms and guidance?
- The official sources are: Apply for Divorce Online; Family Mediation Council; Citizens Advice — Divorce. Always use the forms / guidance from the issuing authority's own site — third-party copies can be out of date.
- Can I do this myself without a solicitor?
- Yes — many people complete this kind of matter as a litigant in person. The site walks through each step in plain English. A solicitor is recommended if: large sums are at stake, the other side has legal representation, the matter involves criminal liability, children, immigration, or you're unsure on any procedural deadline. Free advice is available from Citizens Advice, Law Centres, and (for some matters) LawWorks pro bono clinics.