Mon - Fri 8:30am - 7pm | Sat - Sun 9am - 5pm
Call local rate
Wondering how to get a divorce? Our divorce specialists in the UK explain each step, from eligibility to filing, plus what happens after you’ve filed for divorce, so you can move forward with confidence.
How to Start Divorce Proceedings
Once you have decided to divorce, the application follows a specific process and can be completed either online or by post. In England and Wales, you can apply either on your own or jointly with your spouse. You must have been married for at least 12 months, your marriage must be legally recognised in the UK, and the relationship must have permanently broken down – also referred to as irretrievable breakdown. To start divorce proceedings, you will need your marriage certificate, your spouse’s details, and the court application fee, which is currently £628.
This guide explains how to make the application, how your spouse is notified, and what happens immediately afterwards.
Download the guide
Am I eligible to get a divorce in the UK?
To apply for a divorce in England and Wales, you must have been married for at least one year, and your marriage must be legally recognised under UK law. If you haven’t yet reached your first wedding anniversary, you won’t be able to file for divorce, no matter how ready you feel to start the process. You can separate from your spouse, but nothing legal can be done until you reach the 12-month mark.
Under the no-fault divorce system introduced in April 2022, you no longer need to prove wrongdoing or assign blame to your spouse. You simply need to state that your marriage has irretrievably broken down. This change was designed to reduce conflict and allow couples to focus on the future, rather than reliving the past.
What information and documents do I need to apply for a divorce?
Before applying, you will usually need:
- Your original marriage certificate, or a certified copy
- A certified translation, if the marriage certificate is not in English
- Proof of any name change, where applicable
- Your full name and address
- Your spouse’s full name and current address
Solicitor’s tip: If you cannot find your marriage certificate, you can order a certified copy from the relevant register office or certificate service.
Should I apply as a sole or joint applicant?
You can apply alone as a sole applicant or apply jointly with your spouse. The right approach depends on your individual circumstances.
- A sole application: This may be appropriate where your spouse does not agree to the divorce, you do not expect them to cooperate, or a joint application would not be safe or suitable. One spouse makes the application, and the other is notified and asked to acknowledge it
- A joint application: This may be appropriate where you both agree to divorce and there is no risk of domestic abuse. Applicant 1 starts the application and Applicant 2 reviews and confirms the information before it is submitted
Choosing a sole or joint application does not change the legal test for divorce, but it does affect who manages each procedural step.
Aimee McKay, a Solicitor at our family law office in Bolton, says:
“Even if it is an amicable divorce, it is not unusual for a sole application to be the most usual route to take to avoid any delays and can generally keep things on track for the divorce.
“This is due to there being less back and forth before the application is submitted and means the 20-week cooling off period can start sooner to get you to that crucial Conditional Order stage.”
Should I apply for my divorce online or by post?
You can apply for divorce online through the gov.uk divorce service. If you prefer to apply by post, you can complete the paper divorce application, Form D8, and send it to HMCTS.
No matter which route you take, you will still begin the same legal process. If you are making a joint application, you and your spouse must use the same application method.
How much does it cost to apply for a divorce?
The current court fee for a divorce application is £628. Court fees can change, but your solicitor will be able to tell you the latest figure. Alternatively, you can find a full list of court fees for family law matters on the Government’s website.
Remember that this fee only covers the legal process of ending the marriage – it doesn’t include costs for dividing finances or resolving arrangements for children, which are handled separately.
Can I get help paying the court fee?
If you’re on a low income or receive certain benefits, you may be eligible for the government’s Help with Fees scheme, which can cover some or all of the court fee. It’s worth checking whether you qualify before you apply, as eligibility can depend on:
- Your income
- Savings
- Certain benefits
If you are making a joint application and want Help with Fees, both applicants must apply and both must qualify. If one applicant does not apply or is not eligible, the full divorce application fee must be paid.
How is the application sent to my spouse, and how do they respond?
If you make a sole application, the court will send your spouse the divorce application and an acknowledgement of service notification. If you provide their email address, the documents will normally be sent online – otherwise, they will be sent by post. Your spouse will then need to respond to the divorce application by completing an acknowledgement of service form.
The respondent must normally acknowledge the application within 14 days and indicate whether they intend to dispute the proceedings. A divorce can only be disputed on a genuine legal ground, such as the English and Welsh courts not having jurisdiction, the marriage not being legally valid or the marriage having already legally ended. It cannot be disputed simply because the respondent does not want the divorce or wants to delay it.
A respondent who intends to dispute the divorce must file a formal answer explaining the legal ground within 21 days from date by which the acknowledgement of service was required to be filed.
If you’re unsure how approach an application, our team has helped numerous clients across the UK successfully respond to divorce proceedings. Reach out to us to find out more.
What happens if my spouse does not respond?
If it is safe to do so, you may first ask your spouse to complete the acknowledgement, as they can still respond after the initial deadline. However, if they continue not to respond, further steps may be needed.
- Personal service by a process server, who attends in person and provides the court with a statement confirming the documents were delivered
- Bailiff service, where an HMCTS bailiff serves the papers on behalf of the court
- An application for deemed service, asking the court to treat the application as having been served based on evidence that it reached the respondent
- An application for alternative service, where the court permits a different method of serving the documents in the circumstances
- An application to dispense with service, available as a last resort where reasonable attempts and enquiries have been made but the respondent still cannot be served
A lack of response from your ex-partner does not necessarily prevent the divorce from progressing, but it can lead to additional steps and delays. No matter what happens, the court must be satisfied that the relevant requirements have been met before the process can move forward.
Can I switch from a joint to a sole application?
In certain circumstances, you can change your joint application to be a sole applicant. At either the conditional or final order stage of your divorce, one applicant normally starts the joint request and the other has 14 days to complete their part.
If this doesn’t happen, the first applicant may be able to switch to a sole application and continue the divorce. If Applicant 2 does not approve the initial joint application before it is submitted, a sole application may need to be made instead.
What happens after applying for divorce?
Once the court issues the application, the minimum 20-week period begins. Where a sole application has been made, the respondent will also be asked to acknowledge it.
Once the minimum 20-week period has passed and, for a sole application, the acknowledgment or service requirements have been dealt with, the applicant or applicants can apply for a conditional order. Once the conditional order has been granted, at least six weeks and one day must pass before an application can be made for the final order, which legally ends the marriage.
If you’re ready to start divorce proceedings, or simply want to understand your options before deciding, our team is here to help. Book a free callback with one of our divorce specialists today.
Close
Newsletter Sign Up
Sign up for advice on divorce and relationships from our lawyers, divorce coaches and relationship experts.
Privacy Policy Close newsletter modal