Divorce

Who Can Apply for a Divorce in England and Wales

You can apply for a divorce in England and Wales if you have been married for over a year, the marriage is legally recognised in the UK (including a same-sex marriage) and it has broken down irretrievably. Section 3 of the Matrimonial Causes Act 1973 bars any application before one year from the date of the marriage; in that first year the court routes are a judicial separation or, where a ground exists, an annulment.

The court must also have jurisdiction. Under section 5 of the Domicile and Matrimonial Proceedings Act 1973 that turns on habitual residence or domicile in England and Wales: for example you are both habitually resident here, or either of you is domiciled here. Schedule A1 to the same Act covers a same-sex marriage, including where you married here, no other country's court has jurisdiction and the court thinks it is in the interests of justice. A wedding abroad is no bar where one of those connections exists; where a spouse lives overseas or another country's court could hear the case, see our international divorce page.

A civil partnership is ended by a dissolution order under the same process: see civil partnership dissolution. A separation agreement records what you have decided if you want to live apart without divorcing yet, and our divorce and separation hub compares every route.

The Legal Test and Sole or Joint Applications

Section 1 of the Matrimonial Causes Act 1973, in the form introduced by the Divorce, Dissolution and Separation Act 2020, lets either or both parties apply on the sole ground that the marriage has broken down irretrievably. The court must take the applicant's statement to that effect as conclusive evidence and make the divorce order; nothing about adultery, behaviour or separation has to be proved under the no-fault divorce rules.

A joint application is available where you both agree and neither of you is at risk of domestic abuse; you use the same method, online or by post, and each of you confirms separately at every stage. Apply alone where your husband or wife does not agree or is unlikely to cooperate or respond; if a joint applicant stops responding, the other can carry on alone.

In a sole application your spouse, the respondent, is served with the application and an acknowledgement of service, due back within 14 days under Family Procedure Rule 7.7. They can dispute the divorce only for a genuine legal reason, such as the validity of the marriage or the court's jurisdiction, never simply because they do not want it; see how to respond to a divorce application.

Documents, the Court Fee and Common Problems

GOV.UK lists what the application needs:

• both full names and addresses, including your spouse's current address so the court can send them the application, and an email address if you have one
• your original marriage certificate or a certified copy, with a certified translation if it is not in English
• proof of any change of name since the wedding, for example a deed poll
• the court fee, or an application for help with fees

The fee changes, so check the current figure on the GOV.UK court fees page; it is not refunded once the notice of issue has been sent. Help with fees may be available if you have little or no savings and receive certain benefits or are on a low income; on a joint application both of you must apply and be eligible.

Common problems are a lost or untranslated certificate, an unknown address, an ignored acknowledgement of service, a joint applicant who stops confirming, and a spouse who lacks capacity and needs a litigation friend. None is a bar in itself, but each is easier to deal with before issue.

How the Divorce Process Works

The stages are the same for sole and joint applications; the minimum periods are set by statute and Family Procedure Rules Part 7.

1. Decide on a sole or joint application, gather the certificate, any translation and proof of a name change, and check jurisdiction and the one year rule.
2. Issue the application online or by post on form D8, with the fee or a help with fees application. The court sends a notice of issue and, in a sole application, serves your spouse with the acknowledgement of service.
3. Wait 20 weeks from issue, then apply for the conditional order under rule 7.9, online or on form D84; a joint applicant can apply alone at this stage.
4. The court certifies your entitlement and lists the conditional order; you both receive the certificate with the date, and you remain married after it.
5. Wait at least 43 days (six weeks and one day), then give notice for the final order, online or on form D36, within 12 months or with a written explanation for the delay under rule 7.19. Apply for any financial order first.
6. The final order ends the marriage. Keep your copy safe: you need it to remarry or to prove your status.

A joint applicant finalising alone must first give the other 14 days' notice, and a respondent can apply after a further three months if the sole applicant does not. Our page on the conditional and final orders covers both stages.

Money, Property and Children Are Separate

The divorce order ends the marriage and nothing else. Pensions, the home, savings and maintenance are settled by an agreement made binding in a consent order or, failing agreement, by a financial order from the court. GOV.UK's guidance is to apply for a binding arrangement before applying for the final order: a consent order can only be approved after the conditional order, and asking after the final order may have financial consequences, particularly for pensions.

Section 28(3) of the Matrimonial Causes Act 1973 adds another reason for care: a party who remarries or forms a civil partnership after the divorce cannot then apply for financial provision or a property adjustment order against the other. See our financial settlements and consent orders pages.

Arrangements for children are separate: parents agree them, with mediation if needed, and apply for a child arrangements order only if that fails, usually after a MIAM. Child maintenance is arranged separately.

When Legal Advice Is Especially Important

A straightforward divorce can be completed through the GOV.UK online service. Advice from a divorce solicitor matters most where:

• there is domestic abuse: GOV.UK says not to apply jointly where you are at risk, and domestic abuse injunctions may be needed. Call 999 in immediate danger, or the National Domestic Abuse Helpline on 0808 2000 247.
• your spouse lives abroad, the wedding took place abroad, or proceedings might start in another country
• your spouse will not respond, cannot be found, or may dispute the validity of the marriage or the court's jurisdiction
• there are pensions, a business or property to divide, so a consent order or financial order must be applied for before the final order
• your or your spouse's permission to stay in the UK depends on the marriage, which is an immigration matter for our family immigration team
• either of you may lack the mental capacity to take part

How RakLAW Solicitors Can Help With Your Divorce

We handle divorce from the first meeting to the final order: after a free 15-minute consultation we confirm eligibility and jurisdiction and advise on a sole or joint application. We issue it through the MyHMCTS online service for solicitors, deal with service and any answer, diarise the 20 week and 43 day periods, and lodge a consent order or financial remedy application before the final order.

Family, financial and immigration advice sit in one firm at 42 Shad Thames, a short walk from Tower Bridge, so the divorce can run alongside your financial settlement, child arrangements and any immigration application. We act on a privately funded basis and do not offer legal aid; our charges are on the family law fees page. Our articles thinking about divorce before you apply and no-fault divorce step by step may help before you call 0203 345 2000 or book a free consultation.