TRW & Co · Family law
How to Get a Divorce in England and Wales: The No-Fault Process
How to get a divorce UK couples ask about now has a simpler answer in England and Wales: no-fault divorce. You apply online, alone or jointly, wait 20 weeks for a conditional order, then at least 43 days for the final order. The divorce ends the marriage, but finances and children need separate attention, and timing matters.
Key pointDo not apply for the final order until a financial consent order has been approved: finalising first can end spouse-dependent pension rights and leave financial claims open for years.
At a glance
No blame required
Since 6 April 2022, a statement that the marriage has broken down irretrievably is conclusive. Adultery, behaviour and separation no longer need to be proved.
Court fee
GOV.UK lists the divorce application fee as £628, payable online or by post, with help with fees available for those on low incomes or certain benefits.
Two waiting periods
Wait 20 weeks from issue before applying for a conditional order, then at least 43 days (six weeks and one day) before applying for the final order.
Sole or joint
Spouses can now apply together. In a sole application, the respondent must acknowledge service within 14 days and can dispute only on limited legal grounds.
Finances are separate
The final order ends the marriage but not financial claims. A consent order, approvable after the conditional order, is needed to make an agreement binding.
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The short answer: how to get a divorce UK couples can rely on
If you are working out how to get a divorce UK law now makes the process largely administrative in England and Wales. Since 6 April 2022, no one has to prove adultery, behaviour or separation. One spouse, or both together, applies online, states that the marriage has broken down irretrievably, and the court treats that statement as conclusive.
The process then runs in three stages: the application, a conditional order (formerly the decree nisi) and a final order (formerly the decree absolute). You must wait 20 weeks from the date the court issues the application before applying for the conditional order, and at least 43 days (six weeks and one day) after the conditional order before applying for the final order. The court fee for the application is currently £628, and help with fees is available for people on low incomes or certain benefits.
The divorce itself ends the marriage. It does not divide money, property or pensions, and it does not decide where children live. Those questions are dealt with separately, and the order in which you deal with them can have real financial consequences.
The legal framework: no-fault divorce in England and Wales
The rules come from the Divorce, Dissolution and Separation Act 2020, which amended the Matrimonial Causes Act 1973. The 2020 Act came into force on 6 April 2022. It removed the five "facts" that used to be needed to prove breakdown, removed the ability to defend a divorce simply because one spouse does not want it, and introduced joint applications.
The same structure applies to civil partners, who apply for a dissolution order rather than a divorce. Procedure is governed by the Family Procedure Rules 2010, and applications are handled by the online divorce service of HM Courts & Tribunals Service, with legal advisers and judges reviewing each stage.
Who can apply
According to GOV.UK guidance on getting a divorce, you can divorce in England or Wales if you have been married for over a year, the relationship has permanently broken down, and the marriage is legally recognised in the UK, including a same-sex marriage. If you separate within the first year, legal separation or, in limited cases, annulment are the alternatives.
The court must also have jurisdiction. Broadly, that depends on habitual residence or domicile in England and Wales. Where both spouses live abroad, or one lives overseas, jurisdiction needs checking before you apply, because another country's courts may also be available and may treat money very differently.
Scotland and Northern Ireland
Anyone researching how to get a divorce UK-wide should note that Scotland and Northern Ireland have separate systems. Scottish divorce runs through the Scottish courts with its own grounds and a distinct approach to dividing matrimonial property. Northern Ireland has not adopted the English no-fault model in the same form. This guide covers England and Wales only.
How to get a divorce UK step by step (England and Wales)
The online service is designed for people to use without a lawyer, but most problems we see arise from decisions taken early, often before anyone has thought about money. The steps below show the full path and where advice adds most value.
- Check eligibility and jurisdiction. Confirm that you have been married for more than a year, that the marriage is recognised in the UK and that the courts of England and Wales have jurisdiction. If either of you has strong links abroad, take advice on whether another country could also hear the case.
- Gather documents. You need your original marriage certificate or a certified copy. If it is not in English, you also need a certified translation. Have your spouse's current postal and email addresses ready if you are applying alone.
- Choose a sole or joint application and apply. Apply online through GOV.UK or by post using form D8. Pay the £628 fee, or apply for help with fees. In a joint application, both spouses must apply for help with fees if they want it.
- Service and acknowledgement. In a sole application the court sends the application to your spouse with an acknowledgement of service. They must respond within 14 days saying whether they agree or intend to dispute the divorce. A dispute is only possible on limited legal grounds, such as jurisdiction or the validity of the marriage.
- Wait 20 weeks, then apply for the conditional order. The 20-week reflection period runs from the date the application is issued. Use it to negotiate finances and child arrangements. After 20 weeks, apply for the conditional order; a judge reviews the papers and, if satisfied, the court sends a certificate giving the date it will be pronounced.
- Resolve finances before finalising. The court can approve a financial consent order once a conditional order has been made. In most cases it is wise to obtain that order before the final order, especially where pensions are involved.
- Apply for the final order. Wait at least 43 days after the conditional order. In a sole application only the applicant can apply at first; if they do not, the other spouse can apply after a further three months. If you apply more than 12 months after the conditional order, you must explain the delay.
Once the final order is made, you are divorced. Keep the final order safely: you will need it to remarry, to update records and, in some cases, for immigration or overseas recognition purposes.
Sole or joint application: options compared
The 2020 reforms allowed spouses to apply together for the first time. Choosing between a sole and a joint application is one of the first practical decisions, and it shapes the tone of everything that follows.
| Feature | Sole application | Joint application |
|---|---|---|
| Who applies | One spouse (the applicant); the other is the respondent | Both spouses as applicant 1 and applicant 2 |
| Statement of breakdown | Made by the applicant alone | Made jointly |
| Service | Court sends the application to the respondent, who must acknowledge within 14 days | No service on an opposing party; both receive notifications |
| Disputing | Respondent can dispute only on limited legal grounds | Not applicable while both continue jointly |
| Conditional and final orders | Applicant applies; respondent can apply for the final order only after an extra three months | Both confirm each stage; one can continue as a sole applicant at the final order stage after giving notice |
| Best suited to | Cases where the other spouse may not engage, or where speed and control matter | Amicable separations where both want a shared, low-conflict process |
A joint application signals cooperation and can lower the temperature. It also depends on both people continuing to act. A sole application gives one spouse control of the timetable, which can matter where the other is slow to respond or lives abroad.
Costs orders for the divorce itself are rare under the no-fault model. The real costs lie in resolving finances and, where relevant, children. For a fuller view of how those workstreams fit together, see our divorce solicitors in London page.
How long does a divorce take?
Timing is the question most people ask after how to get a divorce UK-wide. In England and Wales, the statutory minimum is the 20-week period plus 43 days, so roughly 26 weeks from issue to the earliest final order. In practice, court processing time at each stage adds to that, and many couples deliberately wait longer so that the financial order can be approved first.
The timetable is driven by three variables. First, how quickly the respondent acknowledges a sole application. Second, how quickly the court reviews the conditional order application, which GOV.UK says may take several weeks. Third, and most important, how long it takes to agree finances or obtain a court decision on them.
A divorce with agreed finances and no children issues can complete in around seven to eight months. A divorce where the financial claims go to court can take substantially longer, because a contested financial case has its own timetable of hearings. The divorce can usually wait at the conditional order stage while that is resolved.
Sorting finances and children alongside the divorce
Understanding how to get a divorce UK-style means separating three legal questions: ending the marriage, dividing finances and arranging care of children. Each has its own procedure, and only the first is resolved by the final order.
Money and property
Financial claims are made under the Matrimonial Causes Act 1973. If you agree terms, you ask the court to approve them in a consent order; GOV.UK lists the court fee as £62. If you cannot agree, one of you applies for a financial order, which leads to disclosure, a first appointment and a financial dispute resolution hearing. Our guide to the divorce financial settlement process explains how the court divides assets.
A divorce without a financial order leaves claims open. That can matter years later, when one former spouse's circumstances change. A clean break order, where the facts allow it, is the usual way to close those claims.
Pensions
Pensions are often the largest or second-largest asset. Finalising the divorce before the financial order can extinguish rights that depend on being a spouse, such as certain survivor's benefits under a pension scheme. That is why GOV.UK warns that waiting can have financial consequences, especially for pensions. Our guide to pensions on divorce sets out pension sharing, offsetting and attachment.
Children
Most parents agree arrangements without a court order. Where they cannot, either parent can apply for a child arrangements order under the Children Act 1989, usually after attending a mediation information and assessment meeting. Child maintenance is normally dealt with through the Child Maintenance Service rather than the divorce court.
Do not apply for the final order on autopilot. Unless there is a specific reason to finalise quickly, such as a planned remarriage or a court direction, aim to have the financial consent order approved first. Applying for the final order is irreversible, and it can change pension and inheritance positions overnight.
An illustrative scenario
This scenario is illustrative only. It does not describe any real client or outcome.
Two spouses in London have been married for nine years. They have one child at primary school, a jointly owned flat with a mortgage, and one spouse has a substantial occupational pension. They agree that the marriage is over and choose a joint online application.
During the 20-week period they exchange financial information informally, attend mediation and agree in principle that the flat will be sold, that the pension will be shared, and that the child will live mainly with one parent and spend alternate weekends and half of the holidays with the other. Their solicitors draft a consent order and a pension sharing annex.
They apply for the conditional order after 20 weeks and submit the consent order once the conditional order is made. Only after the judge approves it do they apply for the final order. Had they finalised first, the spouse without the pension would have lost survivor protection during the gap. Agreement on the child's arrangements is recorded in a parenting plan; neither parent applies for a court order because none is needed.
Risks and common mistakes
Most mistakes in the divorce process are procedural and avoidable. The financial and immigration consequences, however, can be serious and expensive to undo.
Finalising the divorce before the financial order
Applying for the final order before a financial order is approved is the most common and costly mistake. It can end entitlement to spouse-dependent pension benefits and affect inheritance if a spouse dies before finances are settled. It also removes the leverage that comes from being part-way through the process.
Unless there is a clear reason to finalise early, wait at the conditional order stage. The court can approve a consent order once the conditional order has been made.
Remarrying without a financial claim on the record
A spouse who remarries before applying for a financial order can lose the ability to bring certain financial claims. If remarriage is planned, the financial claim should be issued, and ideally resolved, first.
This is a technical rule with severe consequences, and it is a frequent issue where one spouse has a new partner abroad and wants to finalise quickly.
Assuming the divorce settles everything
The final order ends the marriage but not the financial claims. Without a clean break order, a former spouse may still be able to apply for financial provision in future. Informal agreements that are not turned into court orders are not binding in the same way.
Even where there is little money, a short consent order recording a clean break is often worth having.
Overlooking immigration status
If either spouse holds a UK visa based on the marriage, the divorce can affect that status. GOV.UK asks people to report changes where a visa depends on the marriage. Take immigration advice before applying, not after.
Our {L("spouse-visa-uk", "spouse visa guide")} explains how partner routes work and when status may need to change.
Ignoring an overseas marriage or overseas proceedings
Marriages celebrated abroad are generally recognised if valid where they took place, but documents, translations and recognition questions can delay an application. If your spouse has started, or may start, proceedings in another country, the timing of your application and the choice of forum can change the financial outcome.
Where another country is involved, take advice before issuing the application.
Cross-border divorces and the UK–Bangladesh corridor
Many London couples have assets, family or marriages abroad. An international case raises three questions: which country's courts can hear the divorce, which forum is most favourable on money, and whether the divorce will be recognised elsewhere. Our guide to international divorce covers forum and jurisdiction in more detail.
Since Brexit, the EU rules that once allocated divorce jurisdiction no longer apply to the UK, so parallel proceedings in England and an EU state are now dealt with under domestic principles. That makes early advice on forum more important, not less.
For British Bangladeshi families, a frequent issue is whether a divorce obtained in Bangladesh, or a talaq pronounced in the UK, is recognised in England. Recognition depends on how and where the divorce was obtained and on each spouse's connections at the time. A talaq pronounced in England, for example, is not a valid divorce under English law. See our guide to Bangladeshi divorce recognition in the UK and our UK–Bangladesh family law team.
The reverse question also matters. An English final order may need to be authenticated or registered for use in Bangladesh, for example to update records or deal with land. Planning that step early avoids delay later.
What to do next: a checklist
Whether you are at the start of the process or partway through, the following checklist reflects how to get a divorce UK courts will process smoothly and how to protect your position while they do.
- Confirm eligibility: married for more than a year, a recognised marriage and jurisdiction in England and Wales.
- Locate the original marriage certificate or a certified copy, and arrange a certified translation if needed.
- Decide between a sole and joint application, and agree timing with your spouse where possible.
- Note the key dates: issue date, 20-week point, conditional order date and 43-day point.
- Start financial disclosure early and consider mediation or other non-court dispute resolution.
- Obtain pension valuations; they can take weeks to arrive.
- Have any financial agreement approved as a consent order before applying for the final order.
- Check immigration, tax and overseas recognition consequences before finalising.
- Update your will: divorce changes how an existing will operates. Our guide on how to make a will explains the basics.
Knowing how to get a divorce UK courts will grant is the easy part; protecting your financial and family position is where advice matters most. The London office of TRW & Co is authorised and regulated by the Solicitors Regulation Authority. We advise on divorce, financial remedies and arrangements for children, including cases with a Bangladesh or wider international dimension. Where advocacy in the higher courts is required, we instruct specialist counsel. Contact our London team at info@trw.co or +880 1779 127165, or visit us at Holborn Gate, 330 High Holborn, London WC1V 7QH.
Frequently asked questions
01How long does a no-fault divorce take in England?
The legal minimum is about 26 weeks: 20 weeks from the date the court issues the application to the conditional order application, then at least 43 days before the final order. Court processing adds time at each stage. Many couples deliberately pause at the conditional order stage until a financial consent order is approved, so seven to eight months is a realistic timescale for a straightforward case with agreed finances. Contested financial proceedings can extend that considerably, although the divorce itself usually waits for them.
02How much does it cost to get a divorce in the UK?
In England and Wales the court fee for the divorce application is currently £628, according to GOV.UK. Help with fees may be available if you receive certain benefits or have a low income. Applying for a consent order to make a financial agreement binding carries a separate court fee, and contested financial proceedings have their own fees. Legal fees depend on complexity: the divorce stage itself is usually modest, while financial and children issues are where most cost arises.
03Can my spouse stop or defend the divorce?
Not simply because they do not want to be divorced. Under the no-fault regime, the statement that the marriage has broken down irretrievably is conclusive. A respondent can dispute the application only on limited legal grounds, such as that the court lacks jurisdiction, that the marriage is not valid, or that it has already been legally ended. They must respond to the acknowledgement of service within 14 days of receiving it.
04Do I need a solicitor to get divorced?
No. The online service is designed for people to use themselves, and many straightforward divorces proceed without lawyers. Advice is most valuable on jurisdiction where there is an international element, on the timing of the final order, on financial disclosure and settlement, on pensions and on any immigration consequences. Even if you handle the divorce yourself, it is sensible to have a solicitor draft or review any financial consent order before it is submitted to the court.
05What is the difference between a conditional order and a final order?
The conditional order, formerly called the decree nisi, confirms that the court is satisfied you are entitled to a divorce. You remain married after it is granted. The final order, formerly the decree absolute, legally ends the marriage. You can apply for the final order at least 43 days after the conditional order. The court can approve a financial consent order once the conditional order has been made, which is why many people wait at that stage.
06Can I get divorced in England if I married abroad?
Usually yes, if the marriage was valid where it took place and is recognised in the UK, and the courts of England and Wales have jurisdiction, typically through habitual residence or domicile. You will need the original marriage certificate or a certified copy, plus a certified translation if it is not in English. Where your spouse lives abroad or could start proceedings elsewhere, take advice on forum first, because different countries divide assets very differently.
Sources and official materials
- Get a divorce (GOV.UK) — Eligibility, steps and the current application fee
- Finalise your divorce (GOV.UK) — 43-day wait, 12-month rule and the respondent's three-month wait
- Divorce, Dissolution and Separation Act 2020 — The statute introducing no-fault divorce from 6 April 2022
- Matrimonial Causes Act 1973 — Divorce and financial remedy provisions as amended
- Money and property when you divorce or separate (GOV.UK) — Consent orders, financial orders and maintenance
- Making child arrangements if you divorce or separate (GOV.UK) — Agreeing arrangements and applying to court
General information only, current as at 21 October 2026. It is not legal advice and does not create a solicitor–client relationship. It reflects the law of England and Wales unless stated otherwise; Scotland and Northern Ireland have separate legal systems, and the law changes frequently. Check current official sources and take advice on the facts of your matter.