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

No-Fault Divorce: The Law Changed in April 2022

Since 6 April 2022, England and Wales has operated a no-fault divorce system under the Divorce, Dissolution and Separation Act 2020. You no longer need to prove adultery, unreasonable behaviour, or separation. You simply apply on the basis that the marriage has irretrievably broken down. The one-year rule still applies: you cannot divorce until you have been married for at least one year.

Step 1: Apply Online

Divorce applications are now made online through the government's digital divorce service at apply-divorce.service.gov.uk. You apply either alone (a sole application) or jointly with your spouse (a joint application). The court fee is currently £593. You will need your marriage certificate. If it is not in English, you will need a certified translation.

Step 2: The 20-Week Reflection Period

After the application is issued by the court, there is a mandatory 20-week reflection period before you can apply for the conditional order. This is designed to give the parties time to reflect and to take legal advice. The 20 weeks runs from the date the application is served on the respondent (or acknowledged, in a joint application).

Step 3: The Conditional Order

After the 20-week reflection period, you apply for the conditional order (previously called the decree nisi). The court checks that the application is in order and, if satisfied, makes the conditional order. You do not need to attend a hearing. The conditional order is the court's confirmation that you are entitled to a divorce. It does not end the marriage.

Do not apply for the final order until your financial settlement is agreed and recorded in a consent order approved by the court. Applying too early can affect maintenance claims and other financial rights.

Step 4: The Final Order

You can apply for the final order (previously called the decree absolute) six weeks and one day after the conditional order is made. The final order ends the marriage. You are then legally divorced. Keep a copy of the final order permanently, as you will need it if you remarry or as proof of marital status for various legal and financial purposes.

Step 5: Financial Settlement

Divorce ends the marriage. It does not automatically resolve the financial issues. Even after the final order is made, both parties retain the right to make financial claims against each other unless those claims are extinguished by a consent order. Reach a financial agreement, have it drafted as a consent order, and get it approved by the court. Without this step you remain financially exposed indefinitely.

Step 6: Arrangements for Children

Where children are involved, you and your spouse are expected to make arrangements for the children between you without involving the court if possible. If you cannot agree, the court has jurisdiction to make child arrangements orders under the Children Act 1989. The divorce itself does not determine children's arrangements: these are a separate matter.