Getting Divorced in England and Wales: No-Fault Divorce

Who should read this

• Anyone married for at least a year who is thinking about divorce.
• Civil partners, for whom dissolution works in almost the same way.
• Anyone who has received a divorce application.

What the law says

• Under the Divorce, Dissolution and Separation Act 2020, the only ground for divorce is that the marriage has broken down irretrievably, and a statement saying so is conclusive evidence of it.
• You must have been married for at least one year before you can apply.
• You can apply alone (a sole application) or together (a joint application).
• A divorce can be disputed only on limited grounds, such as the court lacking jurisdiction or the marriage not being valid — not because one spouse does not want to divorce.
• There must be at least 20 weeks between the start of the proceedings and applying for the conditional order, and at least six weeks and one day between the conditional order and the final order.

Steps

1. Apply — Apply online on GOV.UK, alone or jointly. You will need your marriage certificate.
2. The application is sent to your spouse — In a sole application, the court sends it to your spouse, who must respond with an acknowledgment of service.
3. Wait 20 weeks — This reflection period gives time to agree arrangements for money and children.
4. Apply for the conditional order — The court checks everything is in order and issues a conditional order.
5. Apply for the final order — At least six weeks and one day later, you can apply for the final order, which ends the marriage.

Documents you'll need

• Your original marriage certificate or a certified copy (and a certified translation if it is not in English).
• Your spouse’s postal address or email address.
• Proof of any change of name, if your name is different from the certificate.

Fees

• There is a court fee to apply for a divorce. Check the current fee on GOV.UK; you may be eligible for help with fees if you are on a low income.
• A separate court fee applies to a financial order application, including a consent order.

Timeline

Because of the two fixed waiting periods, a straightforward divorce takes at least about six months from application to final order, and often longer.

Common mistakes

• Applying for the final order before agreeing and sealing a financial order — the final order can affect rights such as pensions.
• Assuming the divorce itself deals with money or property — it does not.
• Losing track of deadlines: if you wait more than 12 months after the conditional order to apply for the final order, you must explain the delay.

Questions

Can my spouse stop the divorce?

Not simply by refusing. A divorce can be disputed only on limited legal grounds, such as the validity of the marriage or the court’s jurisdiction.

Does divorce split our money and property?

No. Money, property and pensions are dealt with separately. If you agree, a judge can approve your agreement as a consent order; if you do not, either of you can apply to the court for a financial order.

What about the children?

Arrangements for children are also separate from the divorce. Parents are encouraged to agree them, often with help from mediation. If you cannot agree, you can apply for a child arrangements order.

When to consult a lawyer

• You have property, savings, a business or pensions to divide.
• You cannot agree arrangements for the children.
• There is domestic abuse — seek help and advice straight away.
• Your marriage took place abroad, or there is a question about which country’s courts should deal with the divorce.

Related

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