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I Want to Apply for Divorce

Divorce in England and Wales is now based on a no-fault system. You no longer need to blame your spouse or wait years before applying. Here is how the process works from start to finish.

Estimated timeline

Minimum 6-8 months from application to Final Order
1

To apply for divorce you must have been married for at least 1 year. Either you or your spouse must be domiciled in England and Wales, or have been habitually resident there for at least 12 months. You must have your original marriage certificate or a certified copy. If you do not have the certificate, you can apply for a replacement from the General Register Office.

2

Since April 2022, you can apply for divorce jointly with your spouse, or as a sole applicant. A joint application can reduce conflict and legal costs. A sole application means your spouse will be served papers and must respond (acknowledge service). Both routes follow the same legal process and timeline — the choice is practical rather than legal.

3

Apply online and pay the court fee

Application takes around 20-30 minutes online

Apply for divorce through the HMCTS online divorce service at GOV.UK. The court fee is £593. If you are on a low income, you may qualify for Help with Fees (form EX160). You will upload your marriage certificate and submit the application. The court will then issue the application and serve it on your spouse (or you serve it in a sole application).

4

Wait 20 weeks then apply for Conditional Order

At least 20 weeks from the application being issued

After the divorce application is issued, there is a mandatory 20-week reflection period before you can apply for the Conditional Order (previously called a Decree Nisi). This period is designed to allow time for reflection and financial arrangements. Once the 20 weeks has passed, apply for the Conditional Order online. The court checks the application and makes the order at a set date.

5
Apply for the Final Order6 weeks and 1 day after Conditional Order

At least 6 weeks and 1 day after the Conditional Order, you can apply for the Final Order (previously called Decree Absolute). This formally ends your marriage. You should not apply for the Final Order until your financial arrangements are finalised in a sealed financial order — once the Final Order is made, some pension and inheritance rights are lost. Apply online through the same portal.

Frequently asked questions

Do I need a solicitor to get divorced?
No, you can apply for divorce yourself online. However, if you have significant assets, pensions, children, or a dispute about finances, taking legal advice is strongly recommended before agreeing to anything.
What happens to finances during divorce?
Divorce does not automatically settle finances. You need a separate financial order (consent order if agreed, or a contested financial remedy order) to formally divide assets and close off future claims. Without a financial order, either party can make financial claims against the other even years after the Final Order.
What if my spouse refuses to cooperate?
Under the no-fault system, a spouse cannot block a divorce. If they do not respond to the application, the court can proceed without them. The divorce will still go ahead.

Official bodies and resources

Citizens Advice

Charity

Provides free, confidential, and independent advice on a wide range of issues including benefits, housing, debt, and employment.

Related guides

No-Fault Divorce

The Divorce, Dissolution and Separation Act 2020 fundamentally changed divorce law in England and Wales when it came into force in April 2022. For the first time, couples can end a marriage without having to allege fault — such as adultery or unreasonable behaviour — against each other. The process is now simpler, less adversarial, and can be completed jointly or by one spouse alone.

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Child Maintenance Service

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Child Arrangements Orders

A Child Arrangements Order (CAO) is a court order setting out the arrangements for where a child lives and how much time they spend with each parent or other person. They replaced the old residence and contact orders in 2014. The family court encourages parents to agree arrangements without court intervention, and before making an application you must attend a Mediation Information and Assessment Meeting (MIAM) in most cases. The court's primary concern in every case is the welfare of the child.

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Cohabitation Rights

More than 3.6 million couples in England and Wales live together without being married or in a civil partnership. Despite this, English law does not recognise "common law marriage" — there is no such legal status. Cohabiting couples have far fewer automatic legal rights than married couples or civil partners, and a separation can leave one partner — often the financially weaker one — in a very vulnerable position. Understanding the law before a crisis occurs is essential.

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Disclaimer

This information is for general guidance only and does not constitute legal, financial, or professional advice. Always check official sources and seek qualified help where needed.