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Divorce · the process

How to get a divorce in England and Wales

To get a divorce in England and Wales you must have been married for over a year; you apply online or on Form D8, alone or jointly, with a statement that the marriage has broken down[1][2][3]. The divorce process then runs through a conditional order and a final order, and normally takes at least 7 months[4].

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Last reviewed Sources checked

Prepare with MiamSee the sources
Court fee to apply[5]
Usual minimum time[4]
Wait before the conditional order[2]
Wait before the final order[6]

01/ Can you divorce?

Can you get a divorce?

GOV.UK says you can get divorced in England or Wales if all of these are true[1]:

  • you have been married for over a year[1];
  • your relationship has permanently broken down[1];
  • your marriage is legally recognised in the UK, including same-sex marriage[1].

In your first year of marriage you can apply for a legal separation or an annulment instead[1]. Scotland and Northern Ireland have a different divorce process, and ending a civil partnership has its own GOV.UK guide[1].

02/ The law

No-fault divorce: what the law says

Since 6 April 2022, either or both of you can apply for a divorce order on the ground that the marriage has broken down irretrievably, with a statement saying so[2]. The court must take that statement as conclusive evidence and make a divorce order[2].

A divorce order is first a conditional order, and it cannot be made final until 6 weeks after that; the conditional order itself cannot come before 20 weeks from the start of proceedings[2]. When a judge divides money and property, the reason for the divorce is not taken into account[7].

03/ Joint or sole

Apply together or on your own

You decide whether to apply jointly with your husband or wife or on your own; it normally takes at least 7 months either way[4].

You can apply jointly if you both agree you should divorce and you are not at risk of domestic abuse[4]. You both use the same method, online or by post, and each confirm at every stage that you want to continue[4].

If your husband or wife stops responding, you can continue as a sole applicant[4]. For Help with Fees on a joint application, you must both apply, and if one of you is not eligible you pay the full fee[8].

04/ Applying

How to apply for a divorce

You can apply online with a debit or credit card, or by post on divorce application form D8 sent to the HMCTS Divorce and Dissolution service; solicitors apply online through MyHMCTS[3]. The court sends the application to your husband or wife by email if you give an address, otherwise by post[3].

The court fee is £628[5]. It is not refunded once you have been sent the notice that your application has been issued[8]. If you apply for Help with Fees online, you get a reference number to use in the divorce application so you do not pay upfront[8]. See divorce cost.

What you need to apply

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05/ Step by step

The divorce process, step by step

See the stages below, from application to final order.

  1. You apply online or on Form D8 and pay the fee or use Help with Fees[3][8]. The court checks the application and sends a notice that it has been issued, with a case number[9].

06/ How long

How long a divorce takes

GOV.UK says a divorce normally takes at least 7 months[4]. Official figures show many take longer: in April to June 2026 the median time from application was 28 weeks to conditional order and 40 weeks to final order[10].

Joint applications were quicker on average than sole ones that quarter: 30 weeks to conditional order and 49 weeks to final order, against 38 and 60 weeks[10]. Of the 26,834 divorce applications made, 73% were sole and 27% joint[10].

If a sole applicant does not apply for the final order, the other spouse can, but only after waiting an extra 3 months on top of the 43 days[6].

07/ If you are served

If you receive divorce papers

If your husband or wife applies, you get an acknowledgement of service and a notice of proceedings, and you must reply by the deadline, online, or by post if you have a solicitor[11]. The rules give you 14 days from service to acknowledge it[12].

You can only dispute a divorce for a legal reason: that the courts of England and Wales do not have jurisdiction, that the marriage was never valid, or that it has already legally ended[12]. You cannot dispute it because you do not want a divorce[11]. To dispute, you file an answer within 21 days of the date your acknowledgement was due, and the court fee for an answer is £240[12][13].

If you do not reply, the divorce can still go ahead without you[11]. You can also ask the court to delay the final order until it is satisfied with your financial position, using Form B[12].

Court fee · fee 1.2

£628

in force from 13 July 2026

Fees 1.2 and 1.6 of the Family Proceedings Fees Order 2008 as amended, in force since 13 July 2026[5][13]. Help with Fees can reduce them on a low income or benefits[14].

Estimate only. Beta service. Always check with official government websites. Check Help with Fees on GOV.UK.

08/ Money and children

Money, property and children

To make an agreement about money and property legally binding, you apply for a consent order[15]. The court cannot approve it before the conditional order, and it takes effect only after the final order[16]. See consent orders.

If you cannot agree, you can ask the court to decide on Form A; you normally need a MIAM first, although you do not need one for the divorce application itself[17][18]. See do I need a MIAM for Form A.

You and your husband or wife can work out arrangements for any children yourselves, and you can usually avoid court hearings if you agree about children, money and property[4]. See child arrangement orders if you cannot agree.

GOV.UK says to tell other government organisations you are getting divorced if you get benefits or your visa is based on your marriage[19].

09/ Safety

If you are not safe

A joint application is only for couples who are not at risk of domestic abuse[4]. Legal aid for advice on divorce may be available if you have been in an abusive relationship, with written evidence of domestic abuse[20][21]. See domestic abuse support.

10/ Questions

Frequently asked questions

How do I get a divorce in the UK?

In England and Wales you apply online or on Form D8 after more than a year of marriage, then apply for a conditional order and a final order[1][3][6]. Scotland and Northern Ireland have a different process[1].

How long does a divorce take?

At least 7 months, GOV.UK says[4]. In April to June 2026 the median was 40 weeks from application to final order[10].

How much does a divorce cost?

The court fee is £628, and Help with Fees can reduce it[5][8]. See divorce cost for legal costs.

Do I need a reason to get divorced?

No. A statement that the marriage has broken down irretrievably is taken as conclusive evidence[2].

Can my husband or wife stop the divorce?

Only for a legal reason, such as jurisdiction or the validity of the marriage, not because they do not want a divorce[12][11].

Do I need a MIAM to get divorced?

No. The MIAM requirement covers applications about children and money, not the divorce application[18].

When should we sort out money?

A consent order can be approved after the conditional order and takes effect after the final order[16]. GOV.UK says to apply for a binding financial arrangement before the final order[6].

11/ Sources

Sources we checked

  1. Matrimonial Causes Act 1973, section 3 — legislation.gov.uk · Get a divorce: check you can get a divorce — GOV.UK
  2. Matrimonial Causes Act 1973, section 1 — legislation.gov.uk
  3. Get a divorce: how to apply — GOV.UK
  4. Get a divorce: before you apply — GOV.UK
  5. The Court and Tribunal Fees (Miscellaneous Amendments) Order 2026 (SI 2026/642), Schedule 3 — legislation.gov.uk
  6. Get a divorce: conditional order and finalising your divorce (printable guide) — GOV.UK
  7. Money and property when you divorce or separate: get the court to decide (printable guide) — GOV.UK
  8. Get a divorce: how to apply — GOV.UK
  9. Get a divorce: what happens after you apply — GOV.UK
  10. Family Court Statistics Quarterly: April to June 2026, divorce — Ministry of Justice, GOV.UK
  11. Reply to a divorce application (printable guide) — GOV.UK
  12. Family Procedure Rules, Part 7, rule 7.7 — justice.gov.uk · Form D10 (05.24), acknowledgment of service, PDF — HMCTS
  13. The Court and Tribunal Fees (Miscellaneous Amendments) Order 2026 (SI 2026/642), Schedule 3 — legislation.gov.uk
  14. GOV.UK — Get help with court fees
  15. Money and property when you divorce or separate — GOV.UK
  16. Money and property when you divorce or separate (printable guide) — GOV.UK
  17. Money and property when you divorce or separate: get the court to decide — GOV.UK
  18. Practice Direction 3A, paras 1, 11–13 and 37 — justice.gov.uk · What to do before applying for a financial order when you get divorced — Advicenow
  19. Get a divorce: step by step, report a change of circumstances — GOV.UK
  20. Legal aid: what you can get legal aid for — GOV.UK
  21. Evidence requirements for private family law matters, version 15 (15 June 2026) — Legal Aid Agency · Sample letters to get evidence of domestic abuse — Legal Aid Agency, GOV.UK · Legal aid: domestic abuse — GOV.UK

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