Choosing the right route
We check whether divorce, dissolution, judicial separation, annulment or a separation agreement fits your facts, including the one year rule and any jurisdiction question.
Family LawDivorce and Separation Solicitors
Divorce and Separation Solicitors
RakLAW Solicitors gives clear, calm and practical advice on divorce and separation in England and Wales: sole and joint applications, responding to an application, civil partnership dissolution, judicial separation, annulment, separation agreements and the conditional and final orders.
Since 6 April 2022 a divorce rests on a statement that the marriage has broken down irretrievably. Nobody has to prove blame. Money, property and the children are dealt with separately, and that is where most of the real decisions are made.
Our divorce solicitors are at 42 Shad Thames in Southwark, a short walk from Tower Bridge, and offer a free 15-minute consultation.
Divorce and Separation Advice in England and Wales
You can apply for a divorce in England and Wales if you have been married for over a year, the relationship has permanently broken down and the marriage is legally recognised in the UK. The only ground is irretrievable breakdown, and the court must treat your statement to that effect as conclusive evidence. Ending a civil partnership works the same way.
There are two stages: a conditional order, available once 20 weeks have passed from the date the court issued the application, and a final order at least six weeks and one day later, which legally ends the marriage or civil partnership. The court fee is published on GOV.UK, with help with fees for some people; our own charges are on our family law fees page.
In the first year of marriage, or where you have religious or personal reasons for not divorcing, judicial separation or a separation agreement may be the right first step; annulment is a different route where the marriage is void or voidable. Each card below leads to a detailed page, and money and children sit in their own sections of our family law practice.
Which Divorce and Separation Service Do You Need?
Divorce
Starting a divorce as a sole or joint applicant, the documents the court needs and each stage from issue to the final order.
View Divorce AdviceNo-Fault Divorce
Since 6 April 2022 nobody has to give reasons or allege blame: the application rests on a statement of irretrievable breakdown that the court treats as conclusive, whether you apply jointly or alone.
View No-Fault Divorce AdviceDivorce and Separation Route Finder
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Understanding Divorce, Dissolution and Separation
The Divorce, Dissolution and Separation Act 2020, in force from 6 April 2022, removed the need to prove adultery, behaviour, desertion or a period of separation. Under section 1 of the Matrimonial Causes Act 1973 as amended, either or both parties may apply on the sole ground of irretrievable breakdown, and the court must take their statement to that effect as conclusive evidence. Civil partnership dissolution works the same way, and a judicial separation or separation order needs only a statement that you seek to be separated, with no fault to prove.
- Divorce or dissolution: ends a marriage or civil partnership of over a year by a conditional order then a final order.
- Judicial separation: a court order recognising the separation while the marriage continues, available in the first year.
- Annulment: a nullity order where the marriage is void (for example one of you was already married) or voidable (for example lack of consent). There is no one year wait, but most voidable grounds must be raised within three years of the wedding.
- Separation agreement: a written record of what you have agreed while living apart, not a court order, but often the basis of a later consent order.
Whichever route applies, money and property and arrangements for children are separate matters: an agreement about money is made binding by a consent order, and if you cannot agree the court can make a financial order. See our financial settlements and children matters pages.
Evidence and Common Issues
The court asks for:
- Both parties' full names and addresses.
- The original marriage or civil partnership certificate or a certified copy, with a certified translation if it is not in English.
- Proof of any change of name since the ceremony.
- The court fee or a help with fees application; on a joint application both of you must apply for help.
Common issues include a spouse who will not return the acknowledgement of service within 14 days, a joint applicant who stops cooperating (the application can continue as a sole application), a marriage under a year old, and a wedding or spouse abroad, which our international divorce page covers.
A common and costly mistake is applying for the final order before the finances are resolved: a binding arrangement for money and property should be applied for first, and a final order application more than 12 months after the conditional order must explain the delay.
When Legal Advice Is Especially Important
Advice from a family divorce solicitor matters most where:
- There is domestic abuse: GOV.UK guidance is that you should not apply jointly where one of you is at risk. Call 999 in immediate danger or the National Domestic Abuse Helpline on 0808 2000 247, and see our domestic abuse and injunctions pages.
- There are significant assets, a business, pensions or property abroad.
- You cannot agree where the children will live or how much time they spend with each parent.
- Your spouse will not respond, cannot be found or lives abroad, or you believe the marriage is void or voidable.
- Your right to live in the UK depends on the marriage: see our family immigration solicitors.
How the Divorce Process Works
The court process for a divorce or civil partnership dissolution runs through the same stages whether you apply alone or together.
- 01 Check you can apply
You must have been married or in the civil partnership for over a year, the relationship must have permanently broken down and the marriage must be legally recognised in the UK. In the first year the court routes are judicial separation or annulment, and a separation agreement can record what you have agreed in the meantime.
- 02 Choose a sole or joint application
A joint application needs both of you to agree and neither to be at risk of domestic abuse. Apply alone if your spouse does not agree or will not cooperate.
- 03 Prepare and send the application
Apply online or by post with the certificate, any certified translation, proof of a name change and the court fee or a help with fees application. The fee is not refunded once the application has been issued.
- 04 The other party responds
The court serves the application with an acknowledgement of service, due back within 14 days. A dispute needs a genuine legal reason; if there is no response, the court tells the applicant what to do next.
- 05 Apply for the conditional order after 20 weeks
Once 20 weeks have passed from issue, the applicant, or both joint applicants, confirm they wish to continue. If satisfied, the court sends both parties a certificate saying when the conditional order will be made; you are still married at this point.
- 06 Resolve finances, then apply for the final order
Apply for a consent order or financial order first. At least six weeks and one day after the conditional order the applicant can apply for the final order, which ends the marriage; a respondent can apply after a further three months.
How Our Divorce Solicitors Can Help
Preparing and issuing the application
We prepare the online or paper application, check the certificate, translation and name change evidence, and deal with the court fee or help with fees.
Responding and protecting your position
If you have been served, we complete the acknowledgement of service within 14 days, advise whether any genuine legal dispute exists and make sure the divorce timetable does not run ahead of the finances.
Managing the conditional and final orders
We diarise the 20 week and six week periods, apply for each order at the right time and hold the final order back until a binding financial order is in place.
Joined-up advice on money and children
Our solicitors for divorce also advise on financial settlements and children matters, so a consent order or child arrangements application runs in step with the divorce.
Why Choose RakLAW Solicitors?
Regulated and accountable
RAKLAW Solicitors Ltd is regulated by the Solicitors Regulation Authority, SRA number 8007405, and our family law fees are published openly.
Plain English and no blame
We explain the no-fault process in everyday language and avoid steps that raise the temperature without improving the outcome.
Family law and immigration under one roof
Where a relationship ending affects immigration status, our immigration and family divorce solicitors advise together.
A short walk from Tower Bridge
Our office at 42 Shad Thames, London SE1 2YD is close to Tower Hill, London Bridge and Bermondsey stations.
Free 15-minute consultation
A first conversation at no cost helps you decide whether you need a solicitor throughout, for particular stages, or not at all.
Divorce and Separation FAQs
Do I need to give a reason for divorce in England and Wales?
No. Since 6 April 2022 the only ground is that the marriage has broken down irretrievably, and the court must accept your statement to that effect as conclusive evidence.
How long do I have to be married before I can divorce?
Over a year, and the same rule applies to dissolving a civil partnership. In the first year you can apply for a judicial separation, or an annulment where the grounds exist.
Can we apply for a divorce together?
Yes, where you both agree and neither of you is at risk of domestic abuse. You each confirm at every stage, and the application can continue as a sole application if one of you stops cooperating.
How long does a divorce take?
The law sets two minimum periods: 20 weeks from issue before a conditional order can be applied for, and six weeks and one day from the conditional order before the final order. Court processing time and settling money and children come on top, so the overall time varies from case to case.
What is the difference between a conditional and a final order?
A conditional order confirms that the court sees no reason why you cannot divorce, but you remain married after it is made. The final order legally ends the marriage; a binding financial arrangement should be applied for before it.
Can my husband or wife stop the divorce?
Only for a genuine legal reason, for example a dispute about jurisdiction or the validity of the marriage. Not wanting the divorce, or wanting to delay it, is not a ground.
What happens if my spouse ignores the divorce application?
The respondent has 14 days from service to return the acknowledgement of service. If they do not, the court will contact you and explain what you can do next.
What is judicial separation and when is it used?
It is a court order recognising that you have separated without ending the marriage or civil partnership, chosen for religious reasons, in the first year, or to allow time to decide. Unlike divorce there is no minimum length of marriage before you can apply, and money and children are still dealt with separately.
Can I get an annulment instead of a divorce?
Only where the marriage is void, for example because one of you was already married, or voidable, for example for lack of proper consent. Unlike divorce you can apply in the first year. A void marriage can be annulled at any time, but for most voidable grounds the application must be started within three years of the wedding, so take advice early.
Is a separation agreement legally binding?
Not in the way a court order is. It is a written agreement between you: its financial terms bind you as a contract, but it cannot stop either of you applying to court. Money and property terms become an enforceable court order only when the court approves them in a consent order, and a good agreement is usually the basis of that order.
Do we have to try mediation before divorcing?
Not for the divorce application itself. A mediation information and assessment meeting is normally required before a court application about children or finances unless an exemption applies, such as evidence of domestic abuse; see our MIAM advice page.
How much does a divorce cost with RakLAW?
The court fee is published on GOV.UK, with help with fees for some people. We charge family work on a time-spent basis at our published hourly rates, with a fixed or staged fee possible for straightforward matters; see our fees for family law page. RakLAW does not offer legal aid.
Related Family Law Services
Speak to a Divorce Solicitor
Whether you are ready to apply, have been served with an application or are still deciding, a free 15-minute consultation with a RakLAW divorce solicitor will help you understand your options.
Request a call back and tell us briefly what you need advice on.