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Written by Brad Askew Solicitor (non-practising)
Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice.
Updated June 2026 · England & Wales
Separating from a spouse or civil partner is rarely straightforward, but the legal process itself has become considerably more predictable since the no-fault reforms took effect. Whether you are ending a marriage or dissolving a civil partnership, the steps follow the same pattern, and you no longer need to blame your partner or prove any particular reason for the breakdown.
That said, the paperwork still matters, the timing still matters, and the decisions you make about finances, property and children will shape your life long after the final order arrives. This page walks through how the process works in England and Wales, what you should sort out before you apply, the forms involved, and where to turn if you need help thinking through your own circumstances. It is written for people who want to understand the shape of what lies ahead before committing to anything.
Overview
A divorce formally ends a marriage, and a dissolution formally ends a civil partnership. Since April 2022, England and Wales has operated a no-fault system, which means neither party has to allege wrongdoing or accuse the other of unreasonable behaviour. You simply state that the relationship has broken down irretrievably, and the court accepts that statement.
You can apply on your own (a sole application) or together with your partner (a joint application). One practical condition remains in place: you generally need to have been married or in a civil partnership for at least a year before you can apply.
The application is made online through the HM Courts & Tribunals Service digital portal, or on paper using the relevant D8 form. A court fee applies, and you should check gov.uk for the current amount before you start. The process also includes a built-in reflection period, so even in the most straightforward cases it takes at least six months from application to final order.
Key steps
Check you are eligible to apply. You normally need to have been married or in a civil partnership for at least one year, and either you or your partner must have a sufficient connection to England and Wales (usually through residence or domicile). Gather your marriage or civil partnership certificate, since you will need to submit it with the application.
Decide between a sole or joint application. A joint application signals cooperation and works well where both parties agree the relationship has ended. A sole application is more appropriate where communication has broken down or where you have concerns about your safety. You can switch from joint to sole later if circumstances change, but not the other way around.
Complete and submit the application. Most people apply online through the government portal, which walks you through each section. You will pay the court fee at this stage, or apply for help with fees if your income or benefits qualify. If your partner is the respondent, they will be notified and given time to acknowledge the application.
Wait the 20-week reflection period, then apply for the conditional order. After the application is issued, a mandatory 20-week period runs before you can apply for a conditional order (previously called the decree nisi). This pause exists to give both parties time to consider finances, children and whether they want to proceed. Use it productively rather than letting it drift.
Apply for the final order. Once the conditional order is granted, a further six-week-and-one-day waiting period must pass before you can apply for the final order, which legally ends the marriage or civil partnership. Many people deliberately delay the final order until financial matters are resolved by a separate financial order, because some rights (such as pension claims) can be affected once the marriage legally ends.
Common questions
Q How long does a divorce or dissolution actually take?
The minimum is around six months from start to finish, made up of the 20-week reflection period followed by the six-week wait between the conditional and final orders. In practice, many cases take longer, particularly where finances, property or arrangements for children are still being worked through. It is common, and often sensible, to hold off applying for the final order until financial matters are formally settled.
Q Do I need to give a reason for the divorce?
No. Under the current no-fault system, the only ground is that the marriage or civil partnership has broken down irretrievably, and your statement to that effect is accepted by the court without further evidence. You do not need to describe your partner's conduct, nor do you need their agreement to proceed if you are making a sole application.
Q What happens to our finances and property?
The divorce itself does not automatically divide finances. Money, pensions, property and debts are dealt with through a separate financial order, which can be agreed between you (a consent order) or decided by the court if you cannot agree. It is usually wise to finalise financial arrangements before applying for the final order, since divorce can affect certain entitlements.
Q What about arrangements for our children?
Arrangements for children are handled separately from the divorce itself. Parents are encouraged to agree between themselves where children will live and how time is shared. Where agreement is not possible, mediation is typically the next step, and court applications are a last resort. The welfare of the child is the paramount consideration in any decision.
Q Will a divorce affect my UK visa?
It can. If your permission to remain in the UK depends on your relationship with your spouse or civil partner, the final order may bring that permission to an end. You may need to apply under a different route or leave the UK. Check your visa conditions carefully before proceeding, and consider taking immigration-specific guidance tailored to your circumstances.
Q Can we share the cost of the court fee?
Yes, particularly on a joint application, where many couples agree to split the fee between them. On a sole application, the applicant pays the fee upfront, although they can ask the court to order the respondent to contribute. If your income or benefits are low, you may qualify for help with fees, which is worth checking on gov.uk before you apply.
Q What if I am worried about my safety?
If you feel unsafe or are being controlled, coerced or harmed, support is available. Refuge and Women's Aid run a 24-hour helpline on 0808 2000 247. The Men's Advice Line is on 0808 801 0327, and the LGBT+ Domestic Abuse Helpline is on 0800 999 5428. In an emergency, always call 999. You can also ask the court for protective orders alongside any divorce application.
Sources
This guide is based on primary UK law and official guidance.
Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice. LegalDocuments.co.uk is not a law firm and does not provide regulated legal advice.
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.