Our experts answer your top questions, so by the end of this article, you’ll feel confident about the divorce process.
The ultimate guide to divorce in the UK (2026): Understanding the process, costs and assets, plus how to tell the kids
While the legal process may seem daunting, understanding it and your rights can make a meaningful difference. This guide to divorce from our UK divorce specialists covers everything you need to know.
What is divorce?
Divorce is the legal ending of a marriage. Those in a civil partnership cannot get a divorce. Instead, they can legally end their relationship with a dissolution, which works in the same way as a divorce.
Is there anyone who can’t get a divorce?
In order to be eligible for a divorce, you must have been married for at least 12 months, and your marriage must be legally recognised under UK law.
How do I get divorced in the UK?
Nowadays, you do not need to state a reason to end your marriage. You can simply state that the relationship has broken down irretrievably. The divorce can be started just by yourself as a sole applicant (also known as the Applicant and your spouse the Respondent), or by you and your spouse as joint applicants (also known as Applicant 1 and Applicant 2).
Thanks to the introduction of no-fault divorce in 2022, there is now a more streamlined process for getting divorced in the UK.
There are five main stages to the process of ending a marriage:
- Application: You apply online for a divorce as stated above , providing the marriage certificate. Once your documents have been received by the court, they will be checked to ensure they are correct. When this has been completed, the application will be either sent to the Respondent to fill out the divorce application (to acknowledge the divorce application) or to both Applicants if it is a joint application.
- 20-week period of reflection: After this, a compulsory 20-week period of reflection starts. Typically, this time is used to organise your financial settlement or any child arrangements.
- Conditional Order: When the 20 weeks have ended, you can apply for your Conditional Order, which was previously known as a Decree Nisi. Again, this can be done as a single applicant or as joint applicants.
- 6-week waiting period: Before the final step can be taken, there is a 6-week compulsory waiting period after the Conditional Order.
- Final Order: Six weeks and a day after this has finished, you can apply for the Final Order, which was previously known as the Decree Absolute. Once the Final Order has been granted, you have officially ended your marriage.
What if an ex won’t sign the divorce papers?
Your spouse can’t actually prevent the divorce from going ahead, even if your ex-partner won’t sign the divorce papers or the Acknowledgement of Service. Under the law in England and Wales, you can either:
- Apply for a ‘deemed service’, which is when the court decides that the divorce papers have been received by the Respondent, even if they have not returned the signed Acknowledgement of Service form.
- Have a court bailiff serve them the divorce papers, to ensure that they have physically receive the papers.
- Request that the court dispense with service, which is a formal request to the court to let the divorce proceed even though the papers have not been successfully delivered to your spouse, and you have no proof they’ve seen them.
How long does a no-fault divorce take?
Typically, a divorce in the UK takes between 6-8 months to complete, due to the multiple mandatory waiting periods. However, this can be longer if there are complications, such as one spouse not signing papers, disputes when agreeing to the financial settlement, or when organising the child arrangements order. Generally, we advise that the applicant does not apply for the Final Order until a financial order is approved by the Court.
We aim to give our clients a realistic timeframe of how long their divorce will take, but this can be extended during their time with us due to unforeseen complications.
If you want a guide on your divorce timeframe, get in contact with our team today, who will be happy to help.
How much does a divorce cost?
There is no set amount for how much a divorce will cost. This is due to the complexity of your case, the solicitor you choose to go with, and the way you choose to end your marriage, for example, if you choose a fixed-fee divorce solution.
There is always the standard court fee of £612, which was £593 until the price changed in April 2025. Of course, there are additional fees for the consent order, any potential financial remedy due to disputes, and child arrangement orders.
If you are concerned about the price of your divorce, you may find that a more cost- and time-effective non-court dispute resolution (NCDR) method, such as mediation, can help you separate. Our solicitors are trained in a range of NCDR solutions, like mediation support, to help you reach an agreement whilst keeping costs down.
Do I have to go to court for my divorce?
No, you do not have to go to court for your divorce. In fact, over 80% of our cases are settled outside of court. This ends up being a much cheaper, quicker, and calmer process for our clients.
If you and your ex-partner cannot agree on matters, or it is unsafe for you to attempt dispute resolution methods, court intervention may be the necessary course of action.
Who pays the fees in a divorce?
If you are applying for a divorce as a sole applicant, you will be the one to pay the £612 court fee, unless your ex-partner volunteers to split it with you. If you apply as joint applicants, Applicant 1 typically pays the court fee. However, you can still agree to privately split this.
For solicitors’ fees, each party typically pays their own legal fees during divorce. Before no-fault divorce was introduced, you could previously claim your legal costs back from a spouse if they were to blame. However, it is rare that one spouse will be forced to pay their ex-partner’s legal costs, usually only in the event that the court considers there has been litigation misconduct during proceedings.
What is a financial settlement?
A financial settlement is a crucial part of a divorce. It is an agreement between you and your ex-partner about how your assets will be divided. This can occur at any time during your proceedings, but you will have to disclose your financial circumstances before an agreement can be made.
Importantly, you should ensure your financial split is negotiated and made legally binding through a solicitor-drafted and court-approved Consent Order.
Read our guide on whether you can divorce without a financial settlement for our latest advice.
How are assets divided in divorce?
There is a belief that everything is split 50/50 in divorce, but in reality, this is only a generic starting point. Under UK law, assets are split in a divorce in a way that is fair, rather than an equal division. For example, if a 50/50 split would leave one person unable to take care of themselves or any children, the division would be amended to make it fairer.
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How are assets protected during proceedings?
It is more common for people to want to protect assets during the divorce process to ensure that the assets they brought into the marriage are set aside. This is easier to do if you have a prenup or postnuptial contract. However, the court will decide whether assets are considered matrimonial and if there are insufficient assets in the matrimonial pot, the protected assets may be considered to make up a shortfall.
Some people believe that hiding assets or wealth can ensure their finances are protected for the future. However, this is unlawful, and your ex can file a freezing order to ensure the financial settlement is fair.
Following the 2025 Supreme Court ruling on Standish v Standish, the courts are now far stricter about protecting wealth attained before you were married. Your solicitor should be able to ensure your pre-marital assets are protected, unless they are needed to make the settlement fair if your ex’s basic needs can’t be met.
Who gets the house?
Who gets the house in a divorce is not a simple decision. More often than not, it is decided by need, rather than the name on the deed. As the family home is considered a matrimonial asset, it is more likely to be viewed by the court as belonging to both of you even if it is registered in only one party’s name. Usually, if children are involved, the primary parent gets to keep the home, but this isn’t always the case.
Depending on your situation, there are various outcomes of the family home:
- Sell the home: If you decide to sell your home during your divorce, the rest of the mortgage will be paid off, and any remaining equity will be divided. Again, this may not be a 50/50 split, if one party needs money to afford a new deposit.
- One party buys the other out: One person keeps the home by buying out the other. This is typically done by changing the joint mortgage during your divorce and remortgaging.
- Mesher order: If your divorce involves children, you may be eligible for a Mesher order, also known as a deferred sale. This is where the family home stays in both names for a set period of time, allowing one parent and your children to stay in the home. The house is sold at a later date once a ‘trigger’ is met, such as the youngest child turning 18.
- Martin order: Similarly to a Mesher order, a Martin order is when the sale is delayed, typically for the rest of the person’s life. Typically, this happens when the person who lives in the home is disabled, elderly, or unable to find another suitable home.
What happens to the pension during divorce?
Again, pensions are split in a divorce as equally as possible, due to them being a matrimonial asset. It’s important to note that basic state pensions cannot be split. However, the court will take into consideration your projected amount when deciding how private pensions will be divided.
The most common way to split a pension is through a Pension Sharing Order, as this creates a clean break, which ensures your financial ties with your spouse are formally severed. A pension sharing order means a percentage of one pension is transferred to the other parties – either into their existing pension or a new one.
Another way is that, rather than splitting the pension, you can instead trade it for different assets, known as pension offsetting. This means spouses keep their full pensions, but exchange a larger share of another asset, such as the family home.
Solicitor’s tip: Most people choose to ignore pensions during the financial settlement process, as they seem too small to split. However, over the years, your pension amount can continue to grow and build to a large amount. This is why we recommend all our clients include pensions as part of their financial settlement.
Do I need a will to get divorced?
No, you technically do not need a will to get divorced. However, our experts always guide our clients to get a will during the process. This is because if something were to happen to you, your ex-partner would still inherit most of your wealth and assets.
If you do have a will, after your Final Order is granted, your will becomes partially revoked under UK law. With this in mind, we recommend writing a new will – which can happen during your proceedings – that grants new beneficiaries of your assets.
Will my business be protected during the divorce process?
The courts and your solicitor will try to protect your business during the divorce and its future survival as much as possible. Although the value of your company during your divorce is almost always brought into consideration.
This means that the courts will try to keep the business with its owner, but the other party may need to be compensated with other assets.
How to tell children about your marriage ending
We recommend that both parents tell their children about their divorce (if it is possible to do so safely), removing any language that blames one parent, and focusing on the child and their wellbeing. If you have children at different age levels, you may need to have separate conversations with age-appropriate language so that each child truly understands what is happening.
With this in mind, you may wait to tell your kids until you have decided who will get custody of the child after the divorce has been finalised, where the children will live, and your parenting plan. It’s also worth mentioning what won’t change in their lives, so they have appropriate expectations for the future, such as schools, time with extended family etc.
This way, you have answers to any questions they have, and you are also in the right mindset to have this conversation.
Is it possible to divorce a narcissist?
Divorcing a narcissist isn’t easy, but it is definitely possible. Thanks to the no-fault process, your partner can no longer stop the process by contesting it. However, narcissists love to be in control, so they may try to:
- Stall proceedings
- Hide their assets
- Use the children or pets as leverage
Our solicitors recognise that narcissistic abuse can make you feel like you can’t do certain things, like get a divorce, but our experts have guided numerous UK clients through the process of divorcing a narcissist. We’ll be by your side throughout the proceedings, using our top-level skills and knowledge to ensure it keeps moving forward, even despite their games.
Is a religious divorce different?
Yes, religious divorce is different to a ‘civil’ divorce, which is the term used for legally ending your marriage under UK law. If you and your spouse are divorcing for religious differences, ending your marriage religiously (like obtaining a Get in front of the Beth Din) does not automatically mean that your divorce is recognised legally.
It is important to ensure both your religious and civil divorces are legally recognised, as by only having one, you could still be technically married to your spouse. This could then have an impact on your finances and assets, will, and you could even be in a bigamous marriage if you get married again.
When can I begin a new relationship?
Technically, you can begin a new relationship while you are still married. However, you cannot get married again until your Final Order (previously known as a Decree Absolute) has been granted. Once you have this, you can get married straight away.
We always recommend that our clients have their financial settlement sorted before remarrying. This is because you cannot apply for spousal maintenance, a lump sum, or a property adjustment order when you are married to someone else.
Is it adultery if you are separated?
Technically, it is adultery if you are separated from your spouse whilst you are married, but it no longer has any impact on how the proceedings go. This is because UK law no longer requires you to prove ‘fault,’ so the court generally ignores new relationships when finalising the divorce, child arrangements, or asset division.
However, it is advised to be sensitive about your new relationship when in discussions with your ex as this helps keep matters amicable.
A guide on divorce starting point
We recommend that you have all documents you need, assess your finances, and truly sit on the decision before taking the leap. The first steps of a divorce are always the scariest, but we hope this divorce guide has given you the information you need to start your proceedings with confidence.
Should I get legal advice for my divorce? What our experts say
Zanariah Webster, a Senior Associate based in our London law office, says:
“A lawyer not only advises on the law and process, but a good lawyer takes the time to listen to you, to empathise and to give honest advice.
“It’s helpful to be open and transparent so that your lawyer can give you the best advice. Attending the first meeting with questions and a best-case scenario helps get the most out of meetings.”
If you’re not sure where to begin, our experts have been helping couples across the UK for over 40 years. We’ll be by your side every step of the process, advising you on the best solution for you and your family.
Reach out to our specialist team today or call 0330 041 6107 to begin your divorce proceedings.
