How to apply for divorce

Before you apply

To apply for divorce in England and Wales, you must meet these requirements:

• You’ve been married for at least 12 months
• Your marriage is legally recognised in the UK
• England or Wales is your permanent home, or you have a strong connection here
• Your marriage has broken down permanently (this is the only legal ground for divorce)

You don’t need your spouse’s agreement to apply. Under the current no-fault system, introduced in April 2022, you simply confirm that the marriage has irretrievably broken down – there’s no need to give reasons or prove anyone was at fault.

Choosing how to apply

You have two options:

Joint application

Both you and your spouse apply together. You’ll complete the application jointly and share responsibility for moving it forward at each stage. This works well when you’re both in agreement and communicating reasonably.

Sole application

You apply on your own. Your spouse (called the “respondent”) will be notified by the court and asked to acknowledge they’ve received the papers. They cannot prevent the divorce from proceeding, but they’ll be kept informed throughout.

A joint application can become a sole application if one person stops cooperating. However, you cannot change from a sole application to a joint one.

What you’ll need

Before starting your application, gather:

• Your marriage certificate – the original or an official certified copy. If you married abroad, you’ll need the foreign certificate plus an official English translation
• Your spouse’s contact details – their current address and ideally their email address (the court uses email as the default method of communication)
• Payment method – the court fee is £593, payable by card online or by cheque if applying by post

If you’ve lost your marriage certificate, you can order a replacement from the General Register Office.

The application process

Step 1: Complete the application

Most people apply online through the GOV.UK divorce service. The online form guides you through the questions and checks for errors before you submit.

If you prefer, you can download Form D8 and apply by post, but the online process is generally faster and easier.

You’ll be asked for:

• Basic details about you and your spouse
• Information about your marriage
• Confirmation that the marriage has irretrievably broken down
• Whether you’re applying jointly or on your own

Step 2: Pay the fee

The court fee is £593. You’ll pay this when you submit your application online, or include a cheque with your postal application.

If you’re on a low income or receiving certain benefits, you may qualify for help with the fee. You can apply for fee remission at the same time as your divorce application – you’ll need to provide details of your income and savings.

Step 3: Court issues your application

Once the court receives your application and fee, they’ll check everything is in order. This typically takes a week or two.

When your application is issued, you’ll receive confirmation with a case number. For sole applications, the court will send a copy to your spouse along with a form asking them to acknowledge receipt.

Step 4: Your spouse responds (sole applications only)

If you’ve applied on your own, your spouse has 14 days to complete the Acknowledgment of Service form confirming they’ve received the divorce papers.

They cannot contest the divorce itself – under no-fault divorce, there are no grounds to dispute. However, they can challenge the court’s jurisdiction in limited circumstances (for example, if they believe the case should be heard in another country).

If your spouse doesn’t respond, you can ask the court to proceed anyway. You may need to arrange for the papers to be served in person, which involves an additional fee.

Step 5: The 20-week reflection period

After your application is issued, there’s a mandatory 20-week waiting period before you can move to the next stage. This is sometimes called the “cooling off” period.

This time is designed to give you space to:

• Reconsider whether divorce is definitely what you want
• Begin discussing arrangements for children and finances
• Explore mediation if needed
• Seek legal advice on any complex issues

You don’t need to do anything during this period – it passes automatically.

Step 6: Apply for the conditional order

Once 20 weeks have passed, you can apply for a conditional order (previously called a decree nisi). This is a court document stating there’s no legal reason why you can’t divorce.

If you applied online, you’ll receive a prompt telling you when you can apply for this. The application is straightforward – you confirm the information in your original application is still correct.

The court reviews your application and, if everything is in order, pronounces the conditional order. This typically happens without a hearing.

Step 7: Apply for the final order

You must wait at least 6 weeks and 1 day after receiving your conditional order before applying for the final order (previously called a decree absolute).

The final order legally ends your marriage. Once it’s granted, you’re officially divorced and free to remarry if you wish.

The complete timeline

In practice, most divorces take 7-12 months when you account for processing times and any delays.

What happens next

The divorce itself only deals with ending your marriage. You’ll also need to address:

• Finances – dividing property, savings, pensions, and debts. Even if you agree, you should get a consent order from the court to make it legally binding and prevent future claims
• Children – arrangements for where they live and how much time they spend with each parent. You only need court involvement if you can’t agree

These matters can proceed alongside your divorce application. In fact, it’s often better to resolve them before applying for the final order.