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How do I get a divorce in England and Wales?

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Published:
October 1, 2026
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How to get a divorce in England and Wales: the no fault divorce process, the £628 court fee, how long it takes, and how to split money, the house and pensions.
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October 1, 2026
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Short answer

To get a divorce in England and Wales you must have been married for over a year. You apply online or by post, paying a £628 court fee, and state that the marriage has broken down irretrievably. After 20 weeks you apply for a conditional order, then 6 weeks later for a final order.

How do you get a divorce in England and Wales?

Since 6 April 2022, divorce has been "no fault" under the Divorce, Dissolution and Separation Act 2020. You no longer need to prove adultery, behaviour or separation. You simply make a statement that the marriage has broken down irretrievably, and the court must accept it as conclusive.

To apply you must:

  • have been married for more than one year
  • have a marriage that is legally recognised in the UK
  • have a connection to England and Wales (for example, one of you lives here)

You can apply alone (a sole application) or together with your spouse (a joint application). Most people apply online through the GOV.UK divorce service. The divorce has three stages:

  1. Application: you file the application and the court sends it to your spouse, who must reply by the deadline in the notice of proceedings.
  2. Conditional order: after 20 weeks you confirm you want to continue and ask for a conditional order (formerly called decree nisi).
  3. Final order: at least 43 days after the conditional order you apply for the final order (formerly decree absolute), which legally ends the marriage.

Your spouse can only dispute a divorce for legal reasons, such as the court not having jurisdiction or the marriage not being valid. If they do not reply, the divorce can still go ahead.

How long does a divorce take?

The law sets two minimum waiting periods in section 1 of the Matrimonial Causes Act 1973: 20 weeks from the start of proceedings before you can apply for the conditional order, and 6 weeks from the conditional order before it can be made final. In practice, a straightforward divorce usually takes at least 7 to 8 months once court processing time is added.

Sorting out finances often takes longer than the divorce itself, and many people wait for a financial order before applying for the final order. This matters because the final order can affect pension and inheritance rights: for example, you may lose a widow or widower's pension from your spouse's scheme once the marriage ends.

Once you have the final order, update your will. Divorce does not cancel a will, but it treats your former spouse as if they had died on the date of the final order, so gifts to them and their appointment as executor fail. Also tell HMRC, your bank, your pension provider and your mortgage lender. The same process and fees apply to ending a civil partnership (dissolution).

How much does a divorce cost?

The court fee to apply for a divorce is £628 (it rose from £612 in July 2026, according to the HMCTS family court fees list and government fees can change, so please check this figure). There is no extra fee for the conditional order or the final order. If you apply jointly, you share one fee.

Other costs you may face:

  • £62 to ask the court to approve a financial agreement as a consent order
  • £321 to apply for a financial order if you cannot agree (Form A)
  • solicitor or mediator fees, which vary widely depending on how much is disputed

If you are on a low income or certain benefits, you may be able to get Help with Fees. A DIY divorce without a solicitor is common where both of you agree, but getting advice on the financial side is still sensible.

How are money, the house and pensions split in a divorce?

A divorce does not end your financial ties. You need a separate financial order. If you agree, you can ask the court to turn your agreement into a legally binding consent order. If you cannot agree, you usually have to attend a mediation information and assessment meeting (MIAM) before applying to court for a financial order, unless an exemption such as domestic abuse applies.

The court looks at the factors in section 25 of the Matrimonial Causes Act 1973, with first consideration given to the welfare of any children under 18. These include each person's income, earning capacity, property, needs, age, the length of the marriage, the standard of living and contributions made, including caring for the home and family.

Common outcomes include:

  • The family home: it may be sold and the proceeds divided, transferred to one of you (often with the mortgage), or kept until the children are older.
  • Pension sharing: a percentage of one person's pension is transferred to the other.
  • Spousal maintenance: regular payments for a fixed term or, less often, open-ended.
  • Clean break order: ends all future financial claims between you, so neither can claim later.

Your mortgage lender is not bound by your agreement, so tell them early if one of you is taking over the mortgage.

What is the difference between separation and divorce?

There is no formal "legal separation" status. You can simply live apart, and many couples record the arrangements in a separation agreement. This is not automatically binding, but a court is likely to give it weight if you both took advice, disclosed your finances and signed freely.

A judicial separation order is a court order that formally recognises you are separated without ending the marriage. It is sometimes used for religious reasons or where you have not yet been married for a year. You use the same application process (form D8 or online), the fee is £426, and the court can make financial orders, but you cannot remarry.

What are the key deadlines and time limits?

These are the main time limits in a divorce:

  • 1 year: you must have been married for more than one year before applying.
  • 20 weeks: the minimum wait from the start of proceedings before you can apply for the conditional order.
  • 43 days (6 weeks and 1 day): the minimum wait after the conditional order before you can apply for the final order.
  • 12 months: if you apply for the final order more than 12 months after the conditional order, you must explain the delay.
  • 3 months more: if the applicant does not apply for the final order, the other spouse can apply once a further 3 months have passed.
  • Remarriage: if you remarry before applying for a financial order, you lose the right to apply for one, so do not delay.

What should you do next?

  1. Check you have been married for over a year and that your marriage is recognised in the UK. Find your marriage certificate (or a certified copy).
  2. Decide whether to apply alone or jointly, and check whether you qualify for Help with Fees before paying the £628 fee.
  3. Apply online through GOV.UK, then diary the 20 week and 43 day dates so you can apply for the conditional and final orders on time.
  4. Gather financial information (property, savings, pensions, debts, income) and try to agree a settlement. Get it approved as a consent order before the final order if you can.
  5. Ask Libra about your situation, for example how a pension or the house might be split, and get a draft plan for your next steps.
  6. If your case involves disputed finances, children or a business, find a lawyer or clinic through Libra.

Frequently asked questions

Can I get a divorce without my spouse agreeing?

Yes. A sole application can go ahead even if your spouse does not want the divorce or does not reply. They can only dispute it for legal reasons, such as the court lacking jurisdiction or the marriage not being valid. Blame and fault are no longer part of the process in England and Wales.

Do I need a solicitor to get divorced?

No. You can apply for a divorce yourself online through GOV.UK, and many people do. The divorce itself is largely an administrative process. Legal advice is most valuable on the financial settlement, especially where there is a house, pensions, a business or significant savings, because mistakes there can be hard to undo.

Does the divorce end our financial claims against each other?

No. The final order ends the marriage but not your financial claims. Unless the court makes a financial order, such as a clean break consent order, either of you could make a claim years later. That is why most people put a consent order in place before or alongside the final order.

Who gets the house in a divorce?

There is no automatic rule. The court looks at everyone's needs, especially housing for any children, as well as income, contributions and the length of the marriage. The house may be sold, transferred to one of you, or kept until the children grow up. Whose name is on the deeds is not decisive.

How much does a consent order cost?

The court fee for a financial consent order is £62. You also need to prepare the draft order and a statement of information (form D81) setting out your finances. If a solicitor drafts the order for you, their fee is on top of the court fee.

Can we apply for a divorce jointly?

Yes. Since April 2022 you can make a joint application, where you both confirm the marriage has broken down irretrievably. You share the £628 fee. Both of you then confirm at each stage. Either of you can switch to continuing as a sole applicant at the conditional or final order stage if the other stops cooperating.

Can I get divorced if my spouse has moved abroad or I do not know where they are?

Yes. You can apply if you have been married over a year and your marriage is legally recognised in England and Wales, and either of you is domiciled or habitually resident here. If you cannot find your spouse you can ask the court for permission to use another way of serving the papers, or to dispense with service.

Will I have to go to court to get divorced?

Usually not. The divorce application, conditional order and final order are dealt with on paper through the online service. Hearings are rare and mostly happen if something is contested or needs a decision. Sorting out money and property can involve a hearing if you cannot agree, but most couples settle before then.

Can I stop my spouse from selling the house while we are divorcing?

If the home is in your spouse's sole name, you may be able to register a notice or restriction at the Land Registry to protect your right to stay there, particularly if you are married. If you fear a sale or dissipation of assets, a court can be asked for an urgent order. Get advice quickly.

Do I have to pay my ex's debts after we divorce?

Not automatically. Debts in your sole name generally stay yours, but joint debts such as a joint loan or overdraft remain owed to the lender by both of you whatever the divorce says. The court can take debts into account when dividing assets, so disclose them fully in your financial paperwork.

Can I change my mind after applying for a divorce?

Yes, in the early stages. You can ask the court to withdraw your application before the conditional order, and you can delay applying for the final order. After the final order is made the marriage has ended and cannot be reversed. Think carefully before applying for it, especially if money is not settled.

What happens to my pension if I get divorced and did not work?

A pension built up during the marriage is a financial resource the court can take into account, even if it is in only one name. Options include a pension sharing order, an offsetting arrangement against other assets, or an attachment order. Ask for a valuation of each pension before agreeing anything.

Ask Libra

  • Can I get divorced without my husband or wife agreeing?
  • Can I stop my spouse selling our house during a divorce?
  • What happens to my pension if I get divorced?
  • Am I liable for my ex-partner's joint debts after divorce?
  • Do I have to go to court to get a divorce?
  • How do I apply for a divorce online in England and Wales?

Sources

This guide is general information about the law in England and Wales as at September 2026, not legal advice. For advice on your situation, ask Libra or find a lawyer through Libra.

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Short answer

To get a divorce in England and Wales you must have been married for over a year. You apply online or by post, paying a £628 court fee, and state that the marriage has broken down irretrievably. After 20 weeks you apply for a conditional order, then 6 weeks later for a final order.

How do you get a divorce in England and Wales?

Since 6 April 2022, divorce has been "no fault" under the Divorce, Dissolution and Separation Act 2020. You no longer need to prove adultery, behaviour or separation. You simply make a statement that the marriage has broken down irretrievably, and the court must accept it as conclusive.

To apply you must:

  • have been married for more than one year
  • have a marriage that is legally recognised in the UK
  • have a connection to England and Wales (for example, one of you lives here)

You can apply alone (a sole application) or together with your spouse (a joint application). Most people apply online through the GOV.UK divorce service. The divorce has three stages:

  1. Application: you file the application and the court sends it to your spouse, who must reply by the deadline in the notice of proceedings.
  2. Conditional order: after 20 weeks you confirm you want to continue and ask for a conditional order (formerly called decree nisi).
  3. Final order: at least 43 days after the conditional order you apply for the final order (formerly decree absolute), which legally ends the marriage.

Your spouse can only dispute a divorce for legal reasons, such as the court not having jurisdiction or the marriage not being valid. If they do not reply, the divorce can still go ahead.

How long does a divorce take?

The law sets two minimum waiting periods in section 1 of the Matrimonial Causes Act 1973: 20 weeks from the start of proceedings before you can apply for the conditional order, and 6 weeks from the conditional order before it can be made final. In practice, a straightforward divorce usually takes at least 7 to 8 months once court processing time is added.

Sorting out finances often takes longer than the divorce itself, and many people wait for a financial order before applying for the final order. This matters because the final order can affect pension and inheritance rights: for example, you may lose a widow or widower's pension from your spouse's scheme once the marriage ends.

Once you have the final order, update your will. Divorce does not cancel a will, but it treats your former spouse as if they had died on the date of the final order, so gifts to them and their appointment as executor fail. Also tell HMRC, your bank, your pension provider and your mortgage lender. The same process and fees apply to ending a civil partnership (dissolution).

How much does a divorce cost?

The court fee to apply for a divorce is £628 (it rose from £612 in July 2026, according to the HMCTS family court fees list and government fees can change, so please check this figure). There is no extra fee for the conditional order or the final order. If you apply jointly, you share one fee.

Other costs you may face:

  • £62 to ask the court to approve a financial agreement as a consent order
  • £321 to apply for a financial order if you cannot agree (Form A)
  • solicitor or mediator fees, which vary widely depending on how much is disputed

If you are on a low income or certain benefits, you may be able to get Help with Fees. A DIY divorce without a solicitor is common where both of you agree, but getting advice on the financial side is still sensible.

How are money, the house and pensions split in a divorce?

A divorce does not end your financial ties. You need a separate financial order. If you agree, you can ask the court to turn your agreement into a legally binding consent order. If you cannot agree, you usually have to attend a mediation information and assessment meeting (MIAM) before applying to court for a financial order, unless an exemption such as domestic abuse applies.

The court looks at the factors in section 25 of the Matrimonial Causes Act 1973, with first consideration given to the welfare of any children under 18. These include each person's income, earning capacity, property, needs, age, the length of the marriage, the standard of living and contributions made, including caring for the home and family.

Common outcomes include:

  • The family home: it may be sold and the proceeds divided, transferred to one of you (often with the mortgage), or kept until the children are older.
  • Pension sharing: a percentage of one person's pension is transferred to the other.
  • Spousal maintenance: regular payments for a fixed term or, less often, open-ended.
  • Clean break order: ends all future financial claims between you, so neither can claim later.

Your mortgage lender is not bound by your agreement, so tell them early if one of you is taking over the mortgage.

What is the difference between separation and divorce?

There is no formal "legal separation" status. You can simply live apart, and many couples record the arrangements in a separation agreement. This is not automatically binding, but a court is likely to give it weight if you both took advice, disclosed your finances and signed freely.

A judicial separation order is a court order that formally recognises you are separated without ending the marriage. It is sometimes used for religious reasons or where you have not yet been married for a year. You use the same application process (form D8 or online), the fee is £426, and the court can make financial orders, but you cannot remarry.

What are the key deadlines and time limits?

These are the main time limits in a divorce:

  • 1 year: you must have been married for more than one year before applying.
  • 20 weeks: the minimum wait from the start of proceedings before you can apply for the conditional order.
  • 43 days (6 weeks and 1 day): the minimum wait after the conditional order before you can apply for the final order.
  • 12 months: if you apply for the final order more than 12 months after the conditional order, you must explain the delay.
  • 3 months more: if the applicant does not apply for the final order, the other spouse can apply once a further 3 months have passed.
  • Remarriage: if you remarry before applying for a financial order, you lose the right to apply for one, so do not delay.

What should you do next?

  1. Check you have been married for over a year and that your marriage is recognised in the UK. Find your marriage certificate (or a certified copy).
  2. Decide whether to apply alone or jointly, and check whether you qualify for Help with Fees before paying the £628 fee.
  3. Apply online through GOV.UK, then diary the 20 week and 43 day dates so you can apply for the conditional and final orders on time.
  4. Gather financial information (property, savings, pensions, debts, income) and try to agree a settlement. Get it approved as a consent order before the final order if you can.
  5. Ask Libra about your situation, for example how a pension or the house might be split, and get a draft plan for your next steps.
  6. If your case involves disputed finances, children or a business, find a lawyer or clinic through Libra.

Frequently asked questions

Can I get a divorce without my spouse agreeing?

Yes. A sole application can go ahead even if your spouse does not want the divorce or does not reply. They can only dispute it for legal reasons, such as the court lacking jurisdiction or the marriage not being valid. Blame and fault are no longer part of the process in England and Wales.

Do I need a solicitor to get divorced?

No. You can apply for a divorce yourself online through GOV.UK, and many people do. The divorce itself is largely an administrative process. Legal advice is most valuable on the financial settlement, especially where there is a house, pensions, a business or significant savings, because mistakes there can be hard to undo.

Does the divorce end our financial claims against each other?

No. The final order ends the marriage but not your financial claims. Unless the court makes a financial order, such as a clean break consent order, either of you could make a claim years later. That is why most people put a consent order in place before or alongside the final order.

Who gets the house in a divorce?

There is no automatic rule. The court looks at everyone's needs, especially housing for any children, as well as income, contributions and the length of the marriage. The house may be sold, transferred to one of you, or kept until the children grow up. Whose name is on the deeds is not decisive.

How much does a consent order cost?

The court fee for a financial consent order is £62. You also need to prepare the draft order and a statement of information (form D81) setting out your finances. If a solicitor drafts the order for you, their fee is on top of the court fee.

Can we apply for a divorce jointly?

Yes. Since April 2022 you can make a joint application, where you both confirm the marriage has broken down irretrievably. You share the £628 fee. Both of you then confirm at each stage. Either of you can switch to continuing as a sole applicant at the conditional or final order stage if the other stops cooperating.

Can I get divorced if my spouse has moved abroad or I do not know where they are?

Yes. You can apply if you have been married over a year and your marriage is legally recognised in England and Wales, and either of you is domiciled or habitually resident here. If you cannot find your spouse you can ask the court for permission to use another way of serving the papers, or to dispense with service.

Will I have to go to court to get divorced?

Usually not. The divorce application, conditional order and final order are dealt with on paper through the online service. Hearings are rare and mostly happen if something is contested or needs a decision. Sorting out money and property can involve a hearing if you cannot agree, but most couples settle before then.

Can I stop my spouse from selling the house while we are divorcing?

If the home is in your spouse's sole name, you may be able to register a notice or restriction at the Land Registry to protect your right to stay there, particularly if you are married. If you fear a sale or dissipation of assets, a court can be asked for an urgent order. Get advice quickly.

Do I have to pay my ex's debts after we divorce?

Not automatically. Debts in your sole name generally stay yours, but joint debts such as a joint loan or overdraft remain owed to the lender by both of you whatever the divorce says. The court can take debts into account when dividing assets, so disclose them fully in your financial paperwork.

Can I change my mind after applying for a divorce?

Yes, in the early stages. You can ask the court to withdraw your application before the conditional order, and you can delay applying for the final order. After the final order is made the marriage has ended and cannot be reversed. Think carefully before applying for it, especially if money is not settled.

What happens to my pension if I get divorced and did not work?

A pension built up during the marriage is a financial resource the court can take into account, even if it is in only one name. Options include a pension sharing order, an offsetting arrangement against other assets, or an attachment order. Ask for a valuation of each pension before agreeing anything.

Ask Libra

  • Can I get divorced without my husband or wife agreeing?
  • Can I stop my spouse selling our house during a divorce?
  • What happens to my pension if I get divorced?
  • Am I liable for my ex-partner's joint debts after divorce?
  • Do I have to go to court to get a divorce?
  • How do I apply for a divorce online in England and Wales?

Sources

This guide is general information about the law in England and Wales as at September 2026, not legal advice. For advice on your situation, ask Libra or find a lawyer through Libra.

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To divorce in the UK you require a certified copy of your marriage certificate. If you were married outside of the UK you will need to obtain your marriage certificate from the embassy of the country where you were married. Please follow the link in the resources below to find a list of embassies for you to contact.
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