Starting a divorce can feel like a practical step, but the decisions you make at the outset can affect far more than the application itself. Before you file, it is important to understand how the process works, whether a sole or joint application is right for you, and what still needs to be resolved alongside the divorce, including finances, property, pensions and arrangements for children.

This guide explains how to file for divorce in England and Wales, what you will need, and when taking legal advice before you apply can help protect your position.

JMW's divorce solicitors can advise you before you start proceedings and manage the divorce application on your behalf, as well as handling any financial or child-related matters that need to be resolved alongside it.

What Do You Need to File for Divorce?

Before making a divorce application, you should check that you meet the legal requirements.

You can generally apply for a divorce in England or Wales where:

• You have been married for at least one year
• Your marriage is legally recognised in the UK
• Your relationship has permanently broken down.

You will also need your original marriage certificate or a certified copy. If your marriage certificate is not in English, you will usually need a certified translation.

When you make the application, you will need details including your own full name and address and those of your spouse. The court needs an address for your spouse so that it can send the relevant divorce papers to your spouse where a sole application is made.

If you do not know your spouse's current address, or there are international questions about where divorce proceedings should begin, it is worth taking legal advice before you file. JMW's international divorce solicitors can advise where more than one country may be involved.

What if you are ending a civil partnership?

If you want to legally end a civil partnership, the process is known as civil partnership dissolution rather than divorce.

The dissolution process is broadly similar, but you will need your civil partnership certificate rather than a marriage certificate. References to divorce or dissolution therefore involve slightly different terminology, even though many of the practical stages overlap.

Should You Make a Sole or Joint Application?

A divorce application can be made by one person as a sole application, or by both spouses through a joint application.

The best option depends on your circumstances and the level of cooperation between you and your spouse.

What is a sole application?

A sole application is started by one spouse. That person becomes the sole applicant, and the other spouse is formally notified about the application.

This route can provide greater control over progressing the divorce where:

• Your spouse does not want to engage
• Communication is difficult
• You are concerned about delays
• Cooperation is likely to break down
• There has been domestic abuse or controlling behaviour.

A spouse cannot generally prevent a no fault divorce simply because they do not want the marriage to end. However, a lack of cooperation can still create procedural delays.

What is a joint application?

A joint application is started by both spouses together. It can be suitable where relations remain amicable and  you are both prepared to cooperate with the administrative stages of the legal process.

Joint applicants both need to remain involved as the divorce progresses. If cooperation later breaks down, the process can continue on a sole basis.

A joint divorce application may help reduce conflict, but it is not automatically the right option simply because both spouses currently agree to divorce. If you are uncertain which route is appropriate, JMW's divorce solicitors can advise before the application is submitted.

How Do You Submit a Divorce Application Online?

The easiest way for most people to apply is through the government's online divorce service.

A divorce application online asks for the information needed to establish the marriage, identify both parties and confirm the irretrievable breakdown of the relationship. Your marriage certificate must also be provided and the court fee paid, unless you qualify for help with the fee.

You can also make an application using the relevant paper form, although most applications are now dealt with through the online service.

Once the application has been submitted, the court reviews the details. If everything required is in place, the court issues the application and the formal divorce proceedings begin.

You do not have to instruct a solicitor to file for divorce online. However, instructing a solicitor can mean the application is handled alongside the wider legal issues created by your separation rather than as an isolated form-filling exercise.

What Happens After the Divorce Application Is Filed?

Once the court issues the divorce application, what happens next depends partly on whether you have made a sole or joint application.

In a sole application, the court usually sends the application to the other spouse. They are then required to confirm that they have received it through the acknowledgement of service, sometimes referred to as the AOS.

A joint application works differently because both parties have already taken part in starting the process.

The main timetable is:

The fixed waiting periods mean that the divorce process takes at least around six months, even where both parties cooperate.

However, the wider separation can take longer to resolve where there are outstanding finances, child arrangements, property, pensions or other issues.

What If Your Spouse Does Not Respond?

A spouse failing to respond to a sole divorce application does not necessarily stop the divorce.

Further action may be required to show that the application has been received or to establish another appropriate way of serving it. Depending on the circumstances, the legal process can involve issues such as deemed service or another permitted method of service.

This is one area where getting advice can prevent the application from becoming unnecessarily stalled. Rather than trying to navigate the technical service requirements yourself, JMW can advise on the appropriate next step and deal with the court on your behalf.

What Happens to Your Finances When You File for Divorce?

Filing for divorce does not automatically resolve financial claims between spouses. This is one of the most important issues to understand before treating the final order as the end of the process.

A financial settlement can cover matters including:

• The family home and other property
• Savings and investments
• Pensions
• Businesses and company interests
• Debts
• Spousal maintenance
• Trusts or inherited wealth
• International assets

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

If no agreement can be reached, one spouse may need to apply for a financial order so that the court can determine the financial outcome.

JMW's financial settlement solicitors advise on agreements ranging from straightforward division of property and savings to complex cases involving pensions, businesses, property portfolios, trusts and overseas assets. If terms have already been agreed, we can also advise on a financial consent order. If court involvement is required, find out more about applying for a financial order.

Should you wait before applying for the final order?

The final order legally ends the marriage, but it does not resolve financial claims arising from the marriage. 

In some circumstances, applying for the final order before financial arrangements have been resolved can affect your position. This can be particularly relevant where there are pensions, property rights, substantial assets or unresolved financial claims.

If your finances are not settled by the time you become eligible for the final order, take legal advice on the timing rather than assuming the next step should be automatic.

What Happens to Child Arrangements When You File for Divorce?

A divorce application does not determine where children will live, when they will spend time with each parent or how major decisions will be made.

Many parents can agree child arrangements themselves. Where this is not possible, solicitor-led negotiation, mediation or another form of non-court dispute resolution may help.

If arrangements remain disputed, the family court can be asked to make a child arrangements order. JMW's child arrangement solicitors can advise on the options available, with a focus on your child's welfare, stability and long-term arrangements.

How Much Does It Cost to File for Divorce?

The current court fee to apply for a divorce or civil partnership dissolution in England and Wales is £628.

You pay the court fee when the divorce application is submitted. If you are on a low income or receive certain benefits, you may qualify for help with fees.

The court fee is separate from any legal costs you incur if you instruct a solicitor. Legal costs will depend on the advice and support required, including whether there are financial matters, child arrangements or other disputes to resolve.

Court fees can change, so the current amount should always be checked before you apply.

Do You Need a Solicitor to File for Divorce?

You can apply for a divorce without a solicitor. For some couples, the administrative divorce application itself may be straightforward.

The question is whether there are wider issues that need legal advice before or during the process.

You should consider speaking to a solicitor if:

• You are unsure whether to make a sole application or joint application
• Your spouse may not cooperate or respond
• You cannot locate your spouse
• Property, pensions or significant savings are involved
• Either of you owns a business
• There are trusts, inherited wealth or international assets
• Financial arrangements have not been agreed
• You have concerns about financial disclosure
• Child arrangements are disputed
• There has been domestic abuse or controlling behaviour
• You or your spouse have connections to another country
• You are approaching the final order without resolving financial matters.

One of the biggest mistakes during a divorce is assuming that the administrative process of ending the marriage also resolves the financial and practical consequences of separation. It does not.

The value of legal advice is therefore not simply having someone complete the application online. It is having a solicitor identify the issues that could affect your position, advise on the right sequence of decisions and make sure the divorce, finances and any child arrangements are considered together.

For a broader guide to the decisions to make before starting proceedings, see our explainer on how to get a divorce.