Deciding to divorce is rarely just a legal decision. It often comes with wider questions about your home, finances, children, future plans and the practical steps needed to move forward.

For many people, the first concern is knowing where to begin. The divorce process in England and Wales has become more straightforward since the introduction of no fault divorce, but it is still important to understand what the application involves and what it does not deal with automatically.

This guide from JMW's expert divorce solicitors explains how to get a divorce, including the checks to make before applying, the information you will need, the difference between applying solely or jointly, and what happens once the divorce application has been issued.

How to Get a Divorce in England and Wales

To get a divorce in England and Wales, you need to make a divorce application through HM Courts and Tribunals Service. This can usually be done online, although a paper application may be needed in some circumstances.

Before you apply, you should check that you meet the legal requirements and have the right information ready. In most cases, you will need to:

• Have been married for at least 12 months
• Show that the marriage is legally recognised
• Confirm that the relationship has irretrievably broken down
• Provide your marriage certificate, or a certified copy
• Decide whether to make a sole application or joint application
• Provide the other party’s details, including their home address where required
• Pay the court fee, unless you are eligible for help with fees

If you are ending a civil partnership, the process is known as dissolution rather than divorce. The dissolution process is similar, but you will need your civil partnership certificate rather than a marriage certificate.

Once the divorce application has been issued, the process follows a set timetable. You must usually wait 20 weeks before applying for the conditional order, then a further six weeks and one day before applying for the final order, which legally ends the marriage or civil partnership.

Step 1: Check Whether You Can Apply

Before you apply for a divorce, you need to check that you meet the legal requirements. In England and Wales, you can usually get a divorce if:

• You have been married for more than one year
• Your marriage is legally recognised in the UK
• The relationship has irretrievably broken down

If you are ending a civil partnership, the process is known as dissolution rather than divorce. You will usually need to apply for a dissolution order, but many of the practical steps are similar.

You should also consider whether England and Wales is the appropriate jurisdiction for the divorce or dissolution. This can be particularly important if you or your spouse live abroad or have financial assets in more than one country.

At this stage, the key question is not only whether you can apply, but whether there are any issues that should be considered before the divorce application is made. These may include child arrangements, the family home, bank accounts, financial support, domestic abuse or concerns that the other party may not cooperate.

Step 2: Get the Documents and Information You Need

To start divorce proceedings, you will need the right legal documents and personal details. The most important document is your marriage certificate. If you do not have the original marriage certificate, you will usually need a certified copy.

If your marriage certificate is not in English, you will need a certified translation. If you are applying for the dissolution of a civil partnership, you will need your civil partnership certificate instead.

You will also need:

• Your full name and your spouse’s or civil partner’s full name
• Your current address
• If you are making a sole application, the other party’s home address
• An email address for the other party, if available
• Details of whether the application will be made solely or jointly
• The court fee, unless you are eligible for help with fees

The court fee for a divorce application is currently £628. Court fees can change, so the current fee should be checked on the GOV.UK website before you apply. You may be able to apply for help with fees if you are on a low income or receive certain benefits.

This stage is usually straightforward, but missing or incorrect information can delay the application. This is particularly relevant if you do not know the other party’s address, your documents are from another country or there are concerns about whether the marriage or civil partnership is legally recognised.

Step 3: Decide Whether to Apply Solely or Jointly

You can apply for a divorce through a sole application or a joint application. The right route will depend on your circumstances and how likely it is that both people will cooperate during the process.

A sole application is made by one person. The person who applies is the sole applicant, and the other person is the respondent. This route may be more appropriate where the other party does not agree with the divorce, may not respond, or where there are concerns about delay, domestic abuse, domestic violence, financial control or difficult communication.

A joint application is made by both people together. This may be suitable where both you and your spouse or civil partner agree that the relationship has ended and are willing to progress the divorce or dissolution together. Joint applicants must both engage at key stages of the process.

A joint divorce application can help reduce conflict where both parties are aligned. However, it is not always the best route. If cooperation breaks down, a person can continue as a sole applicant when applying for a conditional order or final order, even if the process began jointly - however, this can add delays to the process overall.

Step 4: Make the Divorce Application

The divorce application can usually be made online through the MyHMCTS divorce service. You can also apply by post using a paper form or paper application where needed.

The application asks for information about the marriage or civil partnership, the parties involved and confirmation that the relationship has irretrievably broken down. This statement is central to the no-fault divorce system in England and Wales.

If you apply online, the application is submitted through the HM Courts and Tribunals Service system. If you apply by post, you will need to send the paper form and supporting documents to the relevant divorce centre.

You will need to pay the court fee when the application is made, unless you have successfully applied for help with fees. The court will then check the application. If the details are correct, the application will be issued.

This is the point at which the formal divorce process begins. The divorce application does not, by itself, resolve child arrangements, financial claims or the financial settlement. Those issues are treated as separate legal processes, although they often run alongside the divorce or dissolution.

Step 5: What Happens After the Application Is Issued?

Once the divorce application has been issued, HM Courts and Tribunals Service send out the relevant notices and documents. What happens next depends on whether the application was made solely or jointly.

In a joint application, both applicants are sent confirmation that the application has been issued, together with a stamped copy of the application, an acknowledge receipt notice and a case number. Once the application has been issued, the parties must wait 20 weeks before applying for a conditional order.

In a sole application, the court sends the divorce application and acknowledgement of service notification to the other party. Once the application has been served, the other party has 14 days to return the acknowledgement of service, confirming whether they accept the divorce or intend to dispute it. 

A divorce cannot usually be disputed simply because one person does not want it to happen. There must be a genuine legal reason, such as a jurisdiction issue or a question about whether the marriage is valid.

If the other party does not respond, the divorce may still be able to continue. However, further steps may be needed, such as proving that the application was received, applying for deemed service of the application or arranging service by another method such as a court bailiff.

Step 6: Apply for the Conditional Order and Final Order

After the divorce application has been issued, you must usually wait 20 weeks before applying for a conditional order. The conditional order confirms that the court sees no legal reason why the divorce or dissolution cannot proceed. It does not formally end the marriage or civil partnership.

Under the old law, this stage was known as decree nisi. The terminology changed when the law changed in April 2022, but some people still use the oldterm.

After the conditional order has been made, you must wait at least 43 days, or six weeks and one day, before applying for the final order, formerly known as decree absolute. The final order is the legal document that formally ends the marriage or civil partnership. You should apply for the final order within 12 months of the conditional order, otherwise you will need to explain the delay to the court.

Before applying for the final order, it is important to consider whether financial arrangements have been dealt with. To obtain a legally binding arrangement for dividing money and property, you must apply to the court for a financial order..

The final order legally ends the marriage or civil partnership, but it does not automatically resolve financial claims, child maintenance, child arrangements, property, pensions or maintenance, all of which will need to be handled separately.

What About Finances, Property and Children?

Getting a divorce or dissolution legally ends a marriage or civil partnership. It does not automatically resolve financial claims, child arrangements, child maintenance, property ownership, pensions or maintenance.

These issues are treated as separate legal processes. They may be dealt with before, during or after the divorce application, but they should not be overlooked when deciding how to get a divorce.

Financial arrangements

Financial arrangements may include the family home, savings, bank accounts, pensions, investments, business interests, debts and spousal maintenance. In more complex cases, they may also involve trusts, inherited wealth, overseas property or company assets.

If you and your ex-partner reach an agreement, this should be recorded in a consent order. Once approved by the court, a consent order makes the agreement legally binding and can dismiss future financial claims where appropriate.

If agreement cannot be reached, one party may need to apply to court for a financial order. This allows the court to consider the financial position and decide what order should be made.

Child arrangements

Child arrangements deal with where children will live, how they spend time with each parent and how important decisions are made. These arrangements are separate from the divorce application itself.

Many parents agree arrangements without court proceedings. Where this is not possible, or where arrangements are not being followed, a separate application to the family court may be needed.

Child maintenance is usually dealt with separately, often through the Child Maintenance Service. Additional advice may be needed where there are higher incomes, school fees or more complex financial circumstances.

Resolving disputes

Mediation, arbitration and other forms of non-court dispute resolution can help couples reach agreements about finances, property or child arrangements without contested court proceedings. This can reduce conflict and help keep the divorce process more focused.

Mediation is not suitable in every case. Where there is domestic abuse, domestic violence, coercive control or financial control, a different approach may be needed to protect your position.

How Much Does It Cost to Get a Divorce?

As mentioned above, the court fee to apply for a divorce or dissolution in England and Wales is currently £628. This is paid when the divorce application is submitted, unless you are eligible for help with fees.

You may be able to get financial help with the court fee if you are on a low income or receive certain benefits. Court fees can change, so the current fee should always be checked before you apply.

What other costs may apply?

The court fee for the divorce application is separate from legal fees and any costs linked to financial or child-related issues.

Other costs may include:

• Legal fees for advice on the divorce application, financial settlement or child arrangements
• The court fee for submitting a consent order
• The court fee for applying for a financial order
• Valuation fees for property, pensions, businesses or other assets
• Mediation or other dispute resolution costs

The amount you pay depends on the level of work that is required for your case. A straightforward divorce where both parties cooperate and financial arrangements are already agreed will usually involve lower legal costs than a case involving disputed finances, complex assets or court proceedings.

When do costs increase?

Costs can increase where there are disagreements about property, pensions, maintenance or child arrangements. They can also increase where one party does not provide financial disclosure, refuses to engage, or where assets are difficult to value.

In high-value or more complex cases, legal advice can be important from the outset. This is particularly relevant where there are business interests, trusts, property portfolios, overseas assets or concerns that the other party is not providing a full picture of the finances.

Can You Get a Divorce Without Going to Court?

In many divorce cases, neither person needs to attend a court hearing for the divorce itself. The divorce application, conditional order and final order can often be dealt with online or through written legal documents.

However, this does not mean the court has no role. The court still processes the divorce application and makes the conditional order and final order. It will also need to approve a consent order if you want financial arrangements to become legally binding.

A court hearing may be needed if there is a dispute about finances, property or child arrangements. This is separate from the basic divorce or dissolution process.

For example, court proceedings may be needed if:

• Financial disclosure is incomplete
• One party will not agree to a financial settlement
• There is disagreement about the family home or pensions
• Child arrangements cannot be agreed
• One party is not complying with an existing court order

Most people who ask how to get a divorce are thinking about the legal end of the marriage or civil partnership. It is important to remember that the wider issues may need separate attention, even if the divorce application itself is not contested.

Common Mistakes When Getting a Divorce

The divorce application may feel like the main step, but some of the most important decisions are made before and after the application is issued.

Applying without considering finances

One of the biggest mistakes is assuming that the final order ends all financial ties. It does not. A financial order is needed if you want financial claims to be resolved properly.

Choosing the wrong application route

A joint application can work well where both people are cooperative. However, a sole application may be more appropriate where there is a risk of delay, non-response, domestic abuse, financial control or difficult communication.

Not having the right documents

You will need your marriage certificate or civil partnership certificate. If you do not have the original marriage certificate, a certified copy will usually be needed. If the certificate is not in English, a certified translation may also be required.

Treating informal agreements as final

An informal agreement about property, pensions or maintenance may not give long-term protection. A court order is needed to make agreed financial arrangements legally binding.

Applying for the final order too soon

The final order legally ends the marriage or civil partnership. In some cases, applying for it before finances are resolved can create avoidable risk, particularly where pensions, inheritance, property rights or financial claims remain outstanding.

When Should You Speak to a Divorce Solicitor?

Not every part of the divorce process needs detailed legal advice. However, there are points where advice from a divorce solicitor can materially affect the outcome, timing or level of risk.

You should consider taking advice from a qualified family lawyer before you apply if:

• You are unsure whether to make a sole application or joint application
• You do not know the other party’s home address
• The other party may not cooperate or respond
• There has been domestic abuse, narcissistic abuse or financial control
• There are children involved and arrangements are not agreed
• You own property, pensions, business interests, trusts or overseas assets
• You are concerned about financial disclosure
• You are being asked to agree financial terms quickly
• You are unsure whether to apply for the final order

A solicitor can also advise where the marriage or civil partnership involves an international element, or where there may be a question about whether England and Wales is the right place to start divorce proceedings.

The earlier these issues are identified, the easier it is to approach the divorce or dissolution process with clarity.