Divorce

How to Get a Divorce in the UK: The Complete Process

From the application through the conditional order to the final order. Here is the complete divorce process in England and Wales.

schedule 8 min read person Eugene Pienaar, Solicitor (non-practising)

No-Fault Divorce

Since April 2022, England and Wales have a no-fault divorce system. You no longer need to blame the other party or wait for two years of separation. You simply state that the marriage has broken down irretrievably. This applies to civil partnerships as well as marriages.

Step 1: The Application

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Apply online at divorce.apply.gov.uk or by post using Form D8. You can apply as a sole applicant or jointly with your spouse. Pay the court fee (currently £593). The application is served on the other party, who has 14 days to acknowledge service.

Step 2: The Conditional Order

After a minimum of 20 weeks from the application, you can apply for a conditional order (formerly the decree nisi). This is the court's confirmation that you are entitled to a divorce. You cannot apply for the conditional order until 20 weeks from the start of proceedings.

Step 3: The Final Order

At least six weeks and one day after the conditional order, you can apply for the final order (formerly the decree absolute). This is the order that formally ends the marriage. You are not legally divorced until the final order is made.

Financial Settlement

The divorce process deals only with the legal dissolution of the marriage. Financial matters are dealt with separately through financial remedy proceedings. You should reach a financial settlement and have it recorded in a consent order before applying for the final order.

Children

Divorce proceedings do not deal with arrangements for children. If you cannot agree on child arrangements, you need to apply separately for a child arrangements order using Form C100.

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Educational purposes only. This article is not legal advice and does not create a solicitor-client relationship. If your situation requires legal advice, consult a qualified solicitor or visit equaljustice.legal.