Applying for Divorce: The Divorce Petition Process
A complete guide to starting divorce proceedings in England & Wales under the no-fault divorce system.
ภาพรวม
Since April 2022, divorce law in England and Wales has been fundamentally reformed by the Divorce, Dissolution and Separation Act 2020. The previous fault-based system — which required applicants to cite adultery, unreasonable behaviour, or separation — has been replaced by a no-fault system. Either or both spouses can apply for divorce by simply stating that the marriage has broken down irretrievably. There is no need to apportion blame, and the respondent cannot contest the divorce on its merits. The reformed process is designed to be less adversarial and is managed almost entirely online through the HMCTS digital divorce service. A mandatory 20-week reflection period is built into the process to give parties time to consider reconciliation and to sort out practical matters such as finances and children's arrangements before the divorce is finalised.
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- You must have been married for at least 1 year before applying
- You or your spouse must be domiciled in England or Wales, or have been habitually resident here for at least 12 months
- The marriage must have broken down irretrievably — this is the only ground and does not need to be proved
- The marriage must be legally recognised in England and Wales (including most overseas marriages)
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Decide: Sole or Joint Application
Under the 2020 Act you can apply alone (sole application) or together with your spouse (joint application). In a joint application, both parties agree to the divorce from the outset, receive all court communications simultaneously, and must both apply for the Conditional and Final Orders. In a sole application, you apply alone; your spouse becomes the 'respondent' and must acknowledge service but cannot defend the divorce. Choose the approach that best reflects your circumstances.
- A joint application is generally smoother and less confrontational
- A sole application is appropriate if your spouse is uncooperative or unreachable
- Whichever route you choose, financial matters must still be resolved separately
Gather Documents and Apply Online
Apply at apply-for-divorce.service.gov.uk using a Government Gateway account. You will need: your marriage certificate (a digital scan — the original is returned), your own and your spouse's details, and a statement that the marriage has broken down irretrievably. Pay the £593 court fee online, or apply for fee remission using form EX160A if you are on a low income or receiving certain benefits.
- Upload a clear scan of the original marriage certificate — not a photocopy of a photocopy
- Check whether you qualify for fee remission at get-help-with-court-fees.service.gov.uk before paying
- For a joint application, your spouse will need to confirm their details online before the application is submitted
Court Issues the Application
The court issues the divorce application and, in a sole application, serves it on the respondent by post or email. The respondent must acknowledge service within 14 days. In a joint application, acknowledgement is automatic. The respondent has very limited grounds to contest — essentially only jurisdiction or the validity of the marriage itself.
- Track progress through your HMCTS account online
- If the respondent does not acknowledge service, apply for an alternative service method
- Keep copies of all court correspondence
20-Week Reflection Period
After the application is issued, a mandatory 20-week cooling-off period begins. The court will not consider the Conditional Order until this period has elapsed. Use this time to negotiate financial and property settlements, take legal advice, and — if there are children — consider a parenting plan or seek a Child Arrangements Order if needed.
- Begin financial negotiations early — waiting until after the divorce can leave you with fewer options
- Consider instructing a solicitor or mediator to help reach a financial agreement
- Attend a MIAM (Mediation Information and Assessment Meeting) before going to court over children matters
Apply for the Conditional Order
After the 20-week period, apply for the Conditional Order (formerly Decree Nisi) through the same online portal. This is the court's declaration that you are entitled to a divorce. In most cases it is granted without a hearing. No additional fee is payable — it is included in the original £593.
- Both parties must apply in a joint application; only the applicant applies in a sole application
- The Conditional Order is not the final divorce — the marriage continues until the Final Order
- A financial Consent Order should ideally be submitted to the court alongside the Conditional Order application
Apply for the Final Order
At least 6 weeks and 1 day after the Conditional Order, apply for the Final Order (formerly Decree Absolute) through the HMCTS portal. This legally ends the marriage. Do not apply for the Final Order until any financial Consent Order has been approved by the court — once divorced, certain rights (such as automatic inheritance on intestacy) are lost. If more than 12 months elapses between the Conditional and Final Orders, you must explain the delay to the court.
- Always resolve finances via a court-approved Consent Order before applying for the Final Order
- Notify HMRC, pension providers, and your bank of the divorce once the Final Order is made
- Keep the Final Order certificate — you will need it for remarriage, property, and pension matters
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คำเตือนสำคัญ
Divorce does not automatically resolve financial claims between spouses. Without a court-approved financial order (Consent Order or contested order), either party can make financial claims against the other indefinitely after divorce.
Do not apply for the Final Order until a financial order has been approved by the court. Once you are divorced, certain inheritance and pension rights are lost.
If you own property jointly, the divorce does not transfer or sever ownership — you must deal with this separately through a Transfer of Equity, a Consent Order, or a sale.