Getting divorced in England and Wales

Since 6 April 2022, divorce in England and Wales has been "no-fault". Nobody has to prove adultery or unreasonable behaviour, and one spouse can no longer block a divorce by disagreeing with it. The process is mostly online and takes at least 26 weeks from start to finish. This guide walks you through it, step by step.

Before you start: can you divorce here?

You can apply for a divorce in England and Wales if all of the following are true:

• you have been married for at least one year;
• your marriage is legally recognised in the UK, including a marriage celebrated abroad, for example at a French mairie;
• the courts of England and Wales have jurisdiction: usually because you, your spouse, or both of you are habitually resident or domiciled here.

For couples with links to France, jurisdiction deserves a careful look before you apply. Since Brexit, the French and English courts can both be competent, and the country where proceedings start can change the financial outcome. If either of you might start proceedings in France, speak to us first.

The same process applies to ending a civil partnership, where it is called a dissolution.

Step 1: Decide between a sole and a joint application

A joint application is made by both of you together: you both confirm that the marriage has broken down irretrievably and move through each stage together. A sole application is made by one of you, the applicant; the other spouse is the respondent.

A joint application often feels calmer, but it needs both of you to keep cooperating until the end. A joint application can become a sole one at the conditional order and final order stages if the other spouse stops engaging.

Step 2: Gather what you need

• your original marriage certificate, or a certified copy;
• a certified English translation if the certificate is in another language, such as a French acte de mariage;
• your spouse's current postal address and email address, for a sole application;
• the court fee, payable online by card. If you are on a low income or certain benefits, you may qualify for Help with Fees.

Use the names exactly as they appear on the marriage certificate, and explain any change of name in the application.

Step 3: Apply to the court

Most applications are made online through the GOV.UK divorce service; solicitors use the same service through a professional account. The application includes a statement of irretrievable breakdown: a simple declaration that the marriage has broken down irretrievably. No reasons or examples are given, and the court takes the statement as conclusive.

Once the court has checked the application, it is issued. The date of issue starts the clock for the 20-week period described below.

Step 4: The respondent acknowledges the application

In a sole application, the court sends the application to the respondent, usually by email. The respondent then has 14 days to complete an acknowledgement of service, saying whether they intend to dispute the divorce.

A divorce can now be disputed only on narrow grounds: that the court does not have jurisdiction, that the marriage is not valid, or that the marriage has already ended. Disagreeing with the decision to divorce is not a ground.

Step 5: The 20-week period for reflection

You cannot apply for the conditional order until 20 weeks after the application was issued. This period is there for reflection and for practical arrangements: it is the right time to discuss finances and the children, ideally with the help of a mediator or solicitors.

Step 6: The conditional order

After 20 weeks, the applicant (or both applicants together) confirms that they wish to continue and applies for the conditional order, formerly called the decree nisi. A judge reviews the file and, if satisfied, sets a date on which the conditional order is pronounced. You do not need to attend.

The conditional order says that the court sees no reason why you cannot divorce. You are still married at this stage. It is also the point from which the court can approve a financial consent order.

Step 7: The final order

You can apply for the final order, formerly the decree absolute, six weeks and one day after the conditional order. Once the final order is made, the marriage is legally ended.

In a sole application, if the applicant does not apply for the final order, the respondent can apply three months after the date on which the applicant could have applied. If more than twelve months have passed since the conditional order, the application must explain the delay.

How long it takes

The legal minimum is about 26 weeks. In practice, with court processing times and time to agree finances, most divorces take between six months and a year.

Common questions

Ready to talk it through? Your first call with one of our solicitors is free and lasts 20 minutes, in English or in French.