Can you apply?
You can get divorced in England or Wales if you’ve been married for over a year, your relationship has permanently broken down, and your marriage is legally recognised in the UK (including same-sex marriage) [GOV.UK]. You don’t have to prove fault — this is “no-fault” divorce, which applies to applications made since 6 April 2022. Scotland and Northern Ireland have different processes (see Scotland and Northern Ireland).
The steps
Decide: joint or sole application
Apply jointly if you both agree and you’re not at risk of domestic abuse. Apply alone (sole) if your husband or wife doesn’t agree or you don’t think they’ll cooperate. If you’re applying jointly and want Help with Fees, you both have to qualify [GOV.UK].
Gather what you need
Both full names and addresses, your original marriage certificate or a certified copy (with a certified translation if it isn’t in English), and proof of any name change [GOV.UK]. If you don’t know your spouse’s address, GOV.UK explains what to do.
Apply online (or by post) and pay — or get Help with Fees
The fee is £628 [HMCTS EX50]. Apply online with a debit or credit card, or by post using form D8. If you’re on a low income or benefits, apply for Help with Fees first and use the reference number.
The court issues the application
For a sole application, your spouse is sent the papers and must respond within 14 days saying whether they agree or intend to dispute it. They can only dispute it for a genuine legal reason — not just because they don’t want a divorce [GOV.UK].
Wait 20 weeks, then apply for a conditional order
You must wait 20 weeks from when the court issues your application. A conditional order says the court sees no reason why you can’t divorce. You are still married at this point [GOV.UK].
Sort out money and property before the final order
If you want a legally binding arrangement for money and property, you must apply to the court for it before you apply for the final order [GOV.UK]. If you agree, that’s a consent order (£62 court fee); if you don’t, it’s a financial order application (£321) [HMCTS EX50]. Ending the marriage doesn’t automatically end financial claims — take advice if there are pensions, property or significant savings.
Wait 43 days, then apply for the final order
You must wait at least 43 days (6 weeks and 1 day) after the conditional order. Apply within 12 months, or you’ll have to explain the delay. Once you have the final order you are divorced [GOV.UK].
How long? Normally at least 7 months, whether you apply jointly or alone [GOV.UK].
Help with the online service
- Technical help or guidance on applying: the Courts and Tribunals Service Centre (0300 303 0642, Monday to Friday 10am to 6pm) [GOV.UK].
- If you don’t have internet access or aren’t confident online: We Are Group (03300 160 051) [GOV.UK].
- Free guides to divorcing without a lawyer: Advicenow and Citizens Advice.
Children and money are separate
The divorce ends the marriage; it doesn’t decide who the children live with or how money is split. You can agree these between you, use mediation (which can be legal-aided or part-funded by a voucher), or apply to court. GOV.UK has guides to money and property [GOV.UK].
Free help to try first
- Check if you can get legal aid (GOV.UK) — the official checker. Or call Civil Legal Advice on 0345 345 4345 (Monday to Friday 9am to 8pm, Saturday 9am to 12:30pm).
- Find a Legal Aid Adviser or Family Mediator — the Ministry of Justice’s official search.
- Citizens Advice — free, confidential advice on separation, money and children.
If you are in danger, call 999. The National Domestic Abuse Helpline is free and open 24 hours: 0808 2000 247.