The UK Divorce Process: Your Guide to No-Fault Divorce | LegalDocuments.co.uk

Overview

Divorce in England and Wales is the formal legal route to ending a marriage. Since the Divorce, Dissolution and Separation Act 2020 came into force on 6 April 2022, the process no longer requires one spouse to accuse the other of adultery, unreasonable behaviour, or desertion.

Instead, a single ground applies: that the marriage has broken down irretrievably. A statement to that effect is enough, the court does not examine why. Applications can be made by one spouse alone (a sole application) or by both together (a joint application).

The process moves through three main stages: the application itself, a conditional order confirming the court sees no reason not to grant the divorce, and a final order that legally ends the marriage. Built-in waiting periods mean the whole process typically takes at least six months from start to finish.

It's worth remembering that divorce deals only with the marriage itself. Financial matters and arrangements for children are handled separately, and finalising the divorce without sorting finances can leave loose ends that cause problems later.

Key steps

1. Check you're eligible and prepare to apply. You must have been married for at least one year before you can apply for divorce in England and Wales, and the courts here must have jurisdiction over your marriage (usually through habitual residence or domicile). Decide whether you'll apply on your own or jointly with your spouse, and gather your marriage certificate along with your spouse's current contact details.
2. File the divorce application online. Applications are submitted through the government's online divorce service, where you confirm the marriage has broken down irretrievably. A court fee applies, check gov.uk for the current amount. Once submitted, the court issues the application and, in a sole application, sends it to your spouse (the respondent) to acknowledge.
3. Acknowledgement and the 20-week reflection period. After the application is issued, your spouse has 14 days to acknowledge receipt. A mandatory 20-week reflection period then runs from the date of issue before you can apply for a conditional order. This pause is designed to give couples time to consider their position and begin sorting out finances and arrangements for any children.
4. Apply for the conditional order. Once the 20 weeks have passed, you can apply for a conditional order, the court's confirmation that you're entitled to divorce. A judge reviews the paperwork, and if everything is in order, the conditional order is pronounced. At this stage the marriage still legally exists, but you're on the final stretch.
5. Apply for the final order. Six weeks and one day after the conditional order is made, the applicant can apply for the final order, which legally ends the marriage. Many people are advised to resolve financial matters through a consent order before taking this final step, because applying for the final order too early can affect certain financial rights such as those relating to pensions.