In this guide, our divorce lawyers break down the process of getting a divorce in the UK, understanding how to make an application, what to expect if you are responding to one, and how the mandatory cooling-off periods works. We will also clarify how legally ending your marriage doesn’t resolve your financial ties, and ways to negotiate child arrangements.
What is the divorce process in the UK?
The process of divorce in the UK follows:
- Application
- 20-week reflection period
- Conditional order
- 6-week (and one day) waiting period
- Final order
The divorce process in England and Wales follows the no-fault divorce system that was introduced in April 2022. This change to the UK law means couples no longer need to assign blame or provide a specific reason for the breakdown of their relationship. They must simply state that their marriage has irretrievably broken down.
The updated system aims to reduce conflict and encourage a more amicable divorce, allowing couples to focus on the future rather than arguing over the past. However, the legality of ending a marriage still requires careful attention to detail and adherence to strict timelines.
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What do I need to know before I begin proceedings?
You must be married for at least one year before you can legally begin the process of ending your marriage, and your marriage must be recognised by UK law. The same is true for those wanting a civil partnership dissolution.
Solicitor’s tips: We recommend you get the following documents together before you begin divorce proceedings:
- Original marriage certificate/ certified copy
- Passport/ID
- Proof of name change (where applicable)
- Full name and address
Hear from one of our experts
Rebecca Bridson, an Associate based at our law office in London, says:
“Each of these documents is needed to make the initial divorce application – otherwise, there can be delays in the issuing process.
“If you cannot find your marriage certificate, copies can be ordered for a small fee. If you instruct a solicitor to assist with your divorce, they can assist you to obtain these copies.”
The divorce process in the UK: Step-by-step
If you’re wondering if you should get a divorce, understanding the way the process of ending a marriage works can bring peace of mind.
1) Making an application
To start, you need to submit a formal application to the court, which is known as a Form D8. This form includes a declaration that your marriage has irretrievably broken down. Most people submit this application online via the court portal, though paper applications are still accepted. The current court fee for this step is £612. It tends to increase each year in April.
Under the new system, you have the option to apply for a divorce completely on your own or together with your ex-spouse as joint applicants.
Applying as a sole applicant
When you apply by yourself, you are referred to as the sole applicant. Once the court processes your paperwork, they will send a copy of the application to your spouse (the respondent), usually by email, followed by a formal letter.
Your spouse then has 14 days to respond by completing an Acknowledgement of Service. If they fail to return this form and you suspect your spouse is intentionally delaying divorce proceedings, you can instruct a professional process server – someone who formally delivers legal documents.
This individual will physically deliver the divorce papers to your spouse. The server will then provide a statement of service to the court, which takes the place of the signed acknowledgement.
Applying as joint applicants
The person who initiates the divorce application is Applicant 1, and the other party is Applicant 2. Applicant 1 pays the court fee and fills out the majority of the form, though you can agree to share the fee equally, whether you apply on a sole or joint basis. The court portal will send the application to Applicant 2 to check the details and add their information. It then returns to Applicant 1 for final approval before being officially issued.
Both of you will need to file an Acknowledgement of Service. Later in the process, you will both apply for the Final Order and Conditional Order. If your ex-spouse stops cooperating at any point, one applicant can switch the joint application to a sole one to prevent unreasonable delays.
How do I respond to an application?
The court will notify you that the divorce process in the UK has officially started. You will be asked to respond to a divorce if your spouse files as a sole applicant.
You will receive an email containing the divorce application, a Notice of Proceedings, and an Acknowledgement of Service form. A follow-up letter will also arrive by post.
How long do I have to deal with the Acknowledgement of Service?
You typically have 14 days to complete and return your Acknowledgement of Service to the court. Many people seek the help of a divorce solicitor to handle this paperwork to ensure everything is filed correctly and prevent any potential delays and additional fees.
Sometimes, your solicitor may advise delaying the final stages of the divorce until financial issues are formally resolved, to protect your wealth and assets.
Can I dispute a divorce application?
Under the old law, respondents could defend or contest the divorce itself. The no-fault system has largely removed this option to prevent drawn-out, costly legal battles.
Now, you can only dispute a divorce application in very rare circumstances, such as when you question the legal validity of the marriage or dispute the jurisdiction of the courts in England and Wales.
If you find yourself in this complex situation, you must file a formal answer explaining your specific legal grounds for disputing the proceedings. Our experts can help if you need legal advice. Reach out to our team today.
2) The 20-week cooling-off period
Once the court issues your divorce application, there is a mandatory 20-week cooling-off period. There is no way to skip or speed up this waiting time. This pause was introduced to give couples a final opportunity to reflect on their decision and ensure they truly want to proceed with the divorce process.
During these 20 weeks, we recommend that our clients work to resolve their financial arrangements and agree on what happens to property, pensions, and other assets. You can also use this time to finalise child arrangements, including who the child/children live with and how much time they spend with the other parent. However, the court cannot legally approve a binding financial settlement until the next stage of the divorce is complete.
3) The conditional order
When the 20-week wait finishes, you can apply for a conditional order, previously known as a Decree Nisi. It signifies that the court accepts that you are entitled to a divorce, but it does not completely end your marriage.
The court will review your application to verify that all paperwork is correct. If everything is in order, a judge will issue the conditional order electronically. You do not need to attend a court hearing for this to happen, though the order will be approved at a hearing. Once you have your conditional order, you can finally submit your agreed financial settlement to the court for formal approval.
4) 6-week waiting period
You must wait exactly six weeks and one day after the conditional order is granted before you can apply for this document. This is another mandatory waiting period that is part of the new no-fault divorce process.
5) The final order
The final step in the process of ending your marriage is the final order. Previously known as the Decree Absolute, this is the legal decree that completely dissolves your marriage. Once the court issues this certificate, you are officially divorced and free to remarry without the risk of being in a bigamous marriage.
If you started the process as joint applicants, you apply for the final order together. If a sole applicant severely delays applying for the final order, the respondent can step in and ask the court to make the final order after three months have passed.
When do I go through financial issues?
We often recommend our clients organise their financial settlement during the mandatory waiting periods. A common misconception is that finalising a divorce automatically resolves your financial ties. This is not the case. The divorce process in the UK solely ends the marriage contract, not your financial connection to your spouse.
You must negotiate the division of assets during your divorce, including property maintenance. If you reach an agreement, you need to record it in a legal document called a consent order. The court must approve this order to make it legally binding. If you skip this step, your ex-spouse could potentially make a financial claim against you years in the future, even if you have been divorced for a long time.
When in the divorce process do I sort out my child arrangements?
Similarly, child arrangements must be discussed and agreed upon outside of the standard divorce application. This can be done during either of the compulsory waiting periods.
If you cannot reach an agreement regarding finances or children, you may need to explore non-court dispute resolution (NCDR) methods, like mediation, collaborative law, or arbitration. Our experts are trained in various NCDR solutions and over 80% of our cases are settled out of court, which saves our clients time, stress, and money.
How long does the entire divorce process take?
Due to the mandatory 20-week cooling-off period and the six-week wait between the conditional and final orders, the absolute minimum timeframe is around six to eight months.
Our solicitors will be able to give you an estimate of how long your divorce proceedings will take. However, resolving complex financial matters or agreeing to child arrangements often extends this timeline significantly.
Get expert legal advice throughout the divorce process
Going through a divorce is undoubtedly one of the most challenging times in your life. While the no-fault system has simplified the legal process, we understand that untangling your life together – emotionally, financially, and practically – can feel overwhelming. Your wellbeing, financial security, and the future of your family are what matter most.
Our team of UK divorce solicitors has been helping couples with their divorce for over 50 years. We’ll be by your side throughout the divorce process, providing compassionate support and expert legal advice. Speak to our team to discuss your specific circumstances, we’ll ensure you have everything you need to move forward with life confidently.
Keep reading…
Is everything split 50/50 in a divorce?
How to choose a divorce lawyer
What happens to property in divorce
Originally written March 2022.
