If your marriage has permanently broken down, you may be able to apply for a divorce in England and Wales without having to prove that your spouse was at fault.
Since April 2022, England and Wales have operated a no-fault divorce system. This means that you do not normally have to give details of adultery, unreasonable behaviour or another allegation against your spouse. Instead, the divorce application states that the marriage has permanently broken down.
This guide explains how to get a divorce in England, how the process works, how long it can take, what happens to your finances and what you should consider if you have children.
Important: This article provides general information about divorce law in England and Wales. It is not a substitute for advice from a qualified lawyer.
Can you divorce in England?
You can generally apply for a divorce in England or Wales if:
- you have been married for more than one year;
- your marriage is legally recognised in the UK; and
- your relationship has permanently broken down.
What is a no-fault divorce?
Under the current divorce system, you do not have to prove that your husband or wife caused the marriage to end.
The application is based on a statement that the marriage has permanently broken down.
You can apply:
- jointly with your spouse; or
- as a sole applicant.
A joint application allows both spouses to proceed together, although it can subsequently continue as a sole application if necessary.
You can contact the author, Alpha U.S Jalloh (lawyer, journalist and media consultant) at info@alphausjalloh.com
How to apply for a divorce in England?
The divorce process can broadly be divided into several stages.
1. Check that you are eligible
Before applying, check that you have been married for more than one year and that your marriage is legally recognised.
You should also consider the practical consequences of divorce, particularly your finances, property, pensions and arrangements for any children.
2. Make arrangements for money and property
Divorce itself legally ends the marriage, but it does not automatically resolve all financial issues between the spouses.
Financial issues can include:
- the family home;
- mortgages;
- savings;
- investments;
- pensions;
- debts;
- maintenance payments; and
- other assets or financial resources.
If you and your spouse reach an agreement, you may need a consent order to make the financial agreement legally binding.
If you cannot agree, you may need to apply to the court for a financial order.
3. Consider arrangements for your children
If you have children, you should consider where they will live, how much time they spend with each parent and how their financial needs will be met.
Parents can often agree child arrangements without going to court. A written parenting or child arrangements plan can record what has been agreed.
If you want an agreement to be legally binding, you may need a consent order approved by the court.
If parents cannot agree, a court can make a child arrangements order. The court’s primary consideration is the welfare and best interests of the child.
4. Submit the divorce application
You can apply for divorce online or by post.
The current GOV.UK guidance lists the divorce application fee as £628, although court fees can change and you may be eligible for help with court fees depending on your circumstances.
You will normally need information such as your marriage details and the relevant information about your spouse.
You should check the information carefully before submitting the application because errors can cause delays.
5. Wait for the conditional order
After the divorce application has been issued, there is a mandatory 20-week waiting period before you can apply for the conditional order.
The conditional order confirms that the court sees no reason why the divorce cannot proceed at that stage.
Importantly, the conditional order does not end the marriage. You are still legally married.
6. Apply for the final order
The final order is the document that legally ends the marriage.
You normally have to wait at least 43 days (six weeks and one day) after the conditional order before applying for the final order.
Once the final order has been made, the marriage has legally ended.
You can contact the author, Alpha U.S Jalloh (lawyer, journalist and media consultant) at info@alphausjalloh.com
How long does a divorce take in England?
There is a minimum waiting period built into the current divorce procedure.
There is a 20-week period between the divorce application being issued and the application for the conditional order. There is then a further minimum period of six weeks and one day between the conditional order and the final order.
In practice, the overall process can take longer because of administrative issues, incorrect information, financial disputes, disagreements about children or delays in dealing with related matters.
Divorce and financial settlement are also separate issues. A couple may legally divorce while their financial arrangements are still being dealt with.
What happens to money and property after divorce?
Getting a final order does not automatically mean that all financial claims between former spouses have been dealt with.
Financial matters can involve the family home, pensions, savings, investments and maintenance.
If you have reached an agreement, a solicitor can help prepare the appropriate documentation and a consent order can be submitted to the court for approval.
If you cannot reach an agreement, the court can make a financial order. The court process can be more expensive and take longer than reaching an agreement outside court
Why is a financial order important?
One important issue is that obtaining a divorce and resolving financial claims are not necessarily the same thing.
Before applying for the final order, it is sensible to obtain appropriate legal advice about your financial position, particularly where there are substantial assets, pensions, property or ongoing maintenance issues.
What happens if you have children?
Divorce does not itself decide where children will live or how much time they will spend with each parent.
Parents can try to reach an agreement about:
- where the children live;
- when they spend time with each parent;
- school arrangements;
- holidays;
- travel;
- communication; and
- financial support.
If agreement is not possible, parents may need to consider mediation or another form of dispute resolution before applying to court, although there are exceptions.
Where a court has to make a decision, the welfare of the child is the court’s primary concern.
Do you need a divorce solicitor?
You can apply for a divorce yourself without instructing a solicitor.
However, professional legal advice can be particularly valuable where there are:
- significant assets;
- property or mortgages;
- pensions;
- business interests;
- international assets;
- disagreement about finances;
- children and disputed arrangements;
- domestic abuse concerns;
- questions about immigration status; or
- uncertainty about financial claims following divorce.
A qualified lawyer can also advise you about whether a consent order or contested financial proceedings are appropriate.
Can you get divorced without going to court?
In many straightforward cases, you can complete the divorce application without attending a court hearing.
Similarly, financial and child arrangements may sometimes be resolved through agreement, mediation, negotiation or other forms of non-court dispute resolution.
If an agreement about finances is reached, however, it is important to understand whether it needs to be formalised through a court-approved financial order.
What if your spouse does not agree to the divorce?
The current no-fault system means that you do not normally need your spouse to agree that the marriage has broken down.
A sole applicant can proceed with a divorce application.
There can nevertheless be procedural issues if your spouse fails to respond or there are problems serving the application. In more complicated circumstances, legal advice may be appropriate.
Does divorce affect immigration status?
Divorce can have immigration consequences if your right to remain in the UK depends on your relationship with your spouse.
If your visa or immigration status is based on your marriage, you should obtain appropriate immigration advice rather than assuming that the divorce has no effect on your status.
How much does divorce cost in England?
The main government divorce application fee is currently £628.
Other costs can arise if you instruct a solicitor, need advice about finances or children, require mediation or have to use court proceedings to resolve a dispute.
The total cost therefore varies considerably between cases.
You may also be able to obtain help with court fees depending on your financial circumstances.
You can contact the author, Alpha U.S Jalloh (lawyer, journalist and media consultant) at info@alphausjalloh.com
Divorce in England: a simple checklist
Before starting the process, consider the following:
- Check that you are eligible to apply for divorce.
- Obtain a copy of your marriage certificate or the relevant marriage details.
- Decide whether you will apply jointly or as a sole applicant.
- Consider your financial position.
- Identify property, savings, investments and pensions.
- Consider arrangements for your children.
- Consider whether mediation or another form of dispute resolution could help.
- Obtain legal advice about financial claims where appropriate.
- Submit the divorce application.
- Wait the required 20 weeks before applying for the conditional order.
- Apply for the final order after the required waiting period.
- Make sure financial arrangements are properly documented and legally binding where necessary.
Frequently asked questions
Is divorce in England now no-fault?
Yes. Since April 2022, the divorce system in England and Wales has allowed spouses to apply without alleging that the other spouse was responsible for the breakdown of the marriage.
How long do you have to be married before getting divorced?
You generally need to have been married for more than one year before applying for a divorce in England and Wales.
How long is the divorce waiting period?
There is a 20-week period from the issue of the divorce application before you can apply for the conditional order. After the conditional order, you must normally wait at least six weeks and one day before applying for the final order.
Can I get divorced without a solicitor?
Yes. You can apply for a divorce yourself. However, independent legal advice can be particularly important when there are complicated financial matters, children, property, pensions or other disputes.
Does getting divorced automatically split our money?
No. Divorce and financial arrangements are separate matters. A legally binding financial agreement may require a consent order, or the court may need to make a financial order if you cannot agree.
Can I get divorced if my spouse refuses?
The no-fault divorce system does not require you to prove that your spouse caused the marriage to break down. You can make a sole application, although procedural difficulties can arise in some cases.
Final thoughts
For most people, getting a divorce in England is now more straightforward than under the previous fault-based system. However, the divorce application is only one part of separating from a spouse.
The most important issues to consider alongside the divorce itself are finances, property, pensions, children and any immigration consequences.
If there are substantial assets or disagreements about finances or children, obtaining specialist family law advice early can help you understand your position before making important decisions.
This article is for general information only and does not constitute legal advice. Divorce law, court procedures and fees can change. Always check the current GOV.UK guidance and consider obtaining advice from a qualified family lawyer for your individual circumstances.
