Deciding to start a divorce process is rarely simple, and there are likely to be a vast array of emotions attached to the decision: relief to have direction and movement, but also overwhelm, worry and sadness, all of which may give rise to questions.
This guide sets out who can apply for divorce and how, what the stages and timeline look like, and how finances and arrangements for children fit in.
(This information is for England and Wales, but different rules apply for Northern Ireland and Scotland.)
What is the legal ground for divorce?
Since April 2022, there has been just one legal ground for divorce in England and Wales: the irretrievable breakdown of the marriage. In practice, this means confirming that the relationship has ended and there is no realistic prospect of reconciliation.
Before 2022, the law required divorcing spouses to give a reason for commencing divorce proceedings, such as adultery, unreasonable behaviour, or years of separation with or without consent of the other person for the divorce to proceed. The previous law could add blame and conflict at a time when most couples needed less of both. The current system removes the need to prove fault and allows you to apply for a divorce together, which eases the process for many families.
Should I make a sole or joint application?
A joint application makes things easier when you both agree the marriage has ended. The court keeps both spouses informed and you move through the stages together.
However, if seeking the cooperation of one spouse is not possible at the outset, or if it is anticipated that they may become uncooperative at a later stage in a joint application, then a sole application is needed. This will never be a barrier to divorce, even if your spouse is uncooperative or unresponsive. If the Applicant in the divorce is concerned for their safety due to historic domestic abuse, then their address and contact details can be kept hidden in the divorce application, and the court will ensure that all documents received by the Respondent do not contain these details.
What should I get ready before I apply?
Gathering the basics makes the divorce process smoother from the outset. Here’s a checklist of what will be useful:
- Your marriage certificate.
- If it isn’t in English, then a certified copy of a translation is required. This needs to have a signed and dated Statement of Truth from the translator that the translation is a true and accurate copy of the original marriage certificate which is being translated.
- Any deed poll or other proof of name change.
- Safe contact details for each of you, including an email address and a postal address for court documents. If you do not know your former spouse’s contact details, then you may apply to the court to ‘dispense’ with service of the application – but you are required to exhaust all reasonable means of obtaining these contact details before doing so (such as instructing a process server to conduct an investigation to locate your spouse).
- A snapshot of your finances, including mortgage or tenancy details, bank accounts, savings and debts, and any pensions. This is not strictly required to start the divorce process, but it will need to be ready for a ‘financial disclosure’ process as part of the divorce at a later stage, so it is a good idea to get these documents ready as soon as possible.
How do I make the application?
You can either fill out divorce application form D8 or use the government’s online service. You will need to answer a set of questions, attach a copy of your marriage certificate if available, and confirm that the marriage has irretrievably broken down. The court fee is £612, but if paying this is difficult for you, some applicants are eligible for help with paying the fee.
If you would like a listening ear and empathetic guidance with your application, our divorce solicitors in Bristol are members of Resolution Together: an organisation which requires its members to work under a code of practice which results in holistic, amicable outcomes with minimal conflict. We can talk you through your options, timelines, and the steps that follow, so you can move forward with confidence.
Once the court issues your application, the case has formally started. For joint applications, both spouses receive updates. For sole applications, your spouse is asked to acknowledge service, usually within 14 days. Usually, the court will serve the divorce documents to the Respondent to the application directly.
If the Acknowledgement of Service is filed on time and there is objection to the divorce, then the case will be progressed to the next stage. However, if there is no reply, your solicitor can request an alternative method of service so the case can proceed. If it can be proven that the documents have been served to the Respondent and there is still no reply within the 14-day timeframe, then the court will deem service to have taken place and will progress the case to the next stage.
Your spouse can not contest the divorce on the basis that they don’t want it to proceed. A divorce can only be contested if there is reason to believe that no legal marriage ever took place or that the courts of England and Wales do not have jurisdiction to hear the matter (usually because the divorce is already taking place in another country).
What is the timeline after my case is issued?
There is plenty of breathing space and time for you to prepare for life apart. From the date on which either the Acknowledgement of Service is received with no objections (or if there is no reply within 14 days after the divorce application is validly served on the Respondent), the court will progress the application. There is then a reflection period of 20 weeks before the next stage. Many people use this time to take legal advice, discuss child arrangements, and start working through money and property.
After this time, you can apply for a conditional order of divorce. This is the court’s confirmation that the legal test is met and your divorce can proceed, however this is not the final order of divorce. Six weeks and one day after you receive your conditional order of divorce, you can apply for the final order of divorce, which formally ends the marriage.
Every family is different. Some couples move through the legal stages smoothly and take longer to settle finances; others agree money and property quickly and then complete the formalities. You can take as long as you like past the minimum allotted times if need be, subject to legal advice confirming that this is appropriate in the circumstances of your case.
Do finances get decided as part of the divorce?
The divorce itself ends the legal relationship, but it doesn’t resolve money, property, or pensions. Financial settlement isn’t required, but there are risks to not doing so. To make arrangements binding, you will need to go through separate financial proceedings.
If you have reached agreement, a solicitor can draw this up as a consent order for approval on paper. Mediation or solicitor-led negotiation can help you reach a fair outcome, if you still need guidance, you can apply to the court for a financial order and a judge will decide based on your circumstances.
What about arrangements for any children?
The divorce application does not decide where children live or the time they spend with each parent. Parents can agree arrangements directly and adapt them as children’s needs change. As with financial arrangements, mediation is often a useful first step if you can’t reach an agreement, but if this fails, you can ask for a child arrangements court order. Their priority will be making a decision that is in the child’s best interests first, and reducing conflict wherever possible.
For more information, government guidance on child arrangements can be found here.
How can I keep divorce with my partner constructive?
If you are worried about things derailing or conflicts arising, we recommend keeping conversations short and practical. Lowered voices, a calm tone, and rational points will normally ensure things stay civil. We often recommend that couples approach a separation coach if communication is difficult, as they can help to take a lot of the heat out of conversations and assist with more constructive forms of dialogue to take into negotiations.
If it is safe to do so, let your spouse know your intentions before the divorce application is issued. Creating an amicable divorce can mean the world to you and your partners’ mental health and peace of mind and offer more closure to your time spent together.
Common questions
Can I pause the process once I have started?
Yes. You do not have to apply for the conditional order or final order straight away, and if you reconcile, you can ask the court to dismiss the case.
Do I have to attend court?
Most divorces are completed online without a hearing. You are more likely to attend a hearing if there is a dispute about service, jurisdiction, finances, or child arrangements.
What if we married abroad?
You can still apply in England or Wales if your marriage is legally valid, and the court has jurisdiction. This typically depends on where you and/or your spouse are domiciled. If you are unsure, take advice before applying.
Can we switch between joint and sole applications?
Yes. A joint application can convert to a sole one if cooperation becomes difficult. In some circumstances you can also change from sole to joint if you later agree to proceed together.
What’s the first step?
If you are ready to start a divorce application, seek legal advice early so you understand your options on finances and child arrangements.
Our family law team helps you move through the divorce process with clarity and care, aiming for constructive, conflict-free outcomes. When you are ready, you can begin an application through the government divorce service, and get in touch so we can guide you through each step that follows.