How to Get Divorced UK - Step-by-Step Process Guide 2026

Getting divorced is one of the most significant legal and personal decisions many people ever make. Since the introduction of no-fault divorce in England and Wales on 6 April 2022, the process has become simpler, less confrontational and largely online. You no longer have to blame your husband or wife for the end of the marriage, and neither party can contest the divorce simply because they do not want it to happen. This guide from the family law team at MCR Solicitors explains, step by step, how divorce works in England and Wales in 2026, how long it takes, what it costs and how the separate but crucial issues of money and children are dealt with.

This article covers the law in England and Wales. Scotland and Northern Ireland have their own separate divorce systems and rules. If you were married abroad or one of you lives outside England and Wales, the position can be more complicated and you should take specific legal advice.

What no-fault divorce means

Divorce law in England and Wales is governed by the Matrimonial Causes Act 1973, as significantly reformed by the Divorce, Dissolution and Separation Act 2020. Under the old law you had to prove that your marriage had broken down by relying on one of five "facts" – adultery, unreasonable behaviour, desertion, two years' separation with consent, or five years' separation. This often forced couples to make allegations against each other even where the separation was amicable.

The reformed law removed all of that. There is now only one ground for divorce: that the marriage has broken down irretrievably. To start a divorce you simply confirm this by making a statement of irretrievable breakdown. The court must take that statement as conclusive proof, which means:

• You do not have to give any reason or evidence for the breakdown.
• You do not have to blame your spouse or prove any wrongdoing.
• Your spouse cannot defend or contest the divorce simply because they disagree with it. A divorce can only be challenged on limited legal grounds, such as disputing that the court has jurisdiction, that the marriage is valid, or that it has already been legally ended.

The reforms also changed some of the terminology. The person who starts the divorce is now the applicant (previously the "petitioner"). The interim decree is now the conditional order (previously the "decree nisi"), and the final decree that legally ends the marriage is the final order (previously the "decree absolute").

Can you get divorced? Eligibility rules

Before you can apply, several conditions must be met.

You must have been married for at least one year

You cannot apply for a divorce until you have been married for at least one year. If you have separated before that point, you can still take steps to sort out finances and arrangements for children, and you can apply for divorce once the year has passed. Couples who need to separate legally within the first year sometimes consider a judicial separation instead.

Your marriage must be legally valid and recognised

The marriage must be one that is legally recognised in England and Wales. This includes many marriages that took place abroad. If you only had a religious ceremony that is not recognised as a legal marriage under English law, you may not be able to divorce because, in the eyes of the law, you were never legally married. This is a common and difficult issue – take advice if you are unsure.

The court must have jurisdiction

The courts of England and Wales must have the legal authority (jurisdiction) to deal with your divorce. This usually depends on where you and your spouse are habitually resident or domiciled. If you married or lived abroad, or your spouse now lives overseas, jurisdiction should be checked carefully, as it can affect not only whether you can divorce here but also how your finances are dealt with.

Divorce, dissolution and civil partnerships

If you are in a civil partnership rather than a marriage, the process is essentially the same but is called dissolution rather than divorce. The steps, timescales and terminology mirror the divorce process described here.

Sole application or joint application?

One of the most important changes under no-fault divorce is that you can now apply either on your own or together.

• Sole application – one spouse applies for the divorce. The other spouse (the respondent) is notified and must acknowledge that they have received the application.
• Joint application – both spouses apply together as applicant 1 and applicant 2. This can feel more collaborative and is often suited to amicable separations where both people agree the marriage is over.

A joint application can be switched to a sole application later if one person stops engaging with the process, so you are not locked in if circumstances change. Choosing the right route at the outset can set the tone for the whole separation, which is something a family solicitor can help you think through.

The divorce process step by step

Most divorces in England and Wales are now dealt with through the online divorce service on gov.uk, although a paper application is still available in some circumstances. Here is what the journey looks like.

Step 1: Prepare and file the divorce application

The applicant (or applicants, if joint) completes the divorce application, either online or on paper. You will need details including your full names, your marriage certificate, and the address for serving your spouse if it is a sole application. If your original marriage certificate is missing you can usually apply for a certified copy. You must also pay the court fee when you submit the application. Court fees change from time to time, so check the current amount on gov.uk. Fee reductions or exemptions may be available through the Help with Fees scheme if you are on a low income or certain benefits.

Step 2: The application is issued and served

Once the court checks and issues the application, it is sent to the other spouse. In a sole application the respondent receives the papers and must complete an acknowledgement of service to confirm they have received them, usually within about 14 days. Returning this form is important because it confirms the respondent is aware of the proceedings and allows the divorce to move forward smoothly. If the respondent ignores the papers, there are other ways to prove service, but this can cause delay.

Step 3: The 20-week reflection period

A key feature of no-fault divorce is a built-in minimum waiting period of 20 weeks between the date the application is issued and the date you can apply for the conditional order. This period is intended to give couples time to reflect, and, where the decision is final, to start sorting out practical arrangements for finances and children. You cannot shortcut this stage. In practice, this 20-week window is a valuable opportunity to negotiate a financial settlement.

Step 4: Apply for the conditional order

After the 20-week period has passed, and assuming the paperwork is in order, you apply for the conditional order. This is the court's confirmation that you are entitled to a divorce. A judge reviews the application and, if satisfied, gives a date on which the conditional order will be pronounced. You do not usually need to attend court for this.

Step 5: The six-week wait, then the final order

Once the conditional order has been made, there is a further minimum waiting period of six weeks and one day before you can apply for the final order. The final order is the document that legally ends your marriage. Once it is granted, you are divorced and free to remarry.

Although you can apply for the final order as soon as the six weeks have passed, in many cases it is sensible not to rush this last step until your financial arrangements have been resolved and approved by the court. Ending the marriage before finances are settled can, in some situations, affect entitlements such as pension benefits or protections available to a spouse. A solicitor can advise on the right timing for your circumstances.

How long does divorce take?

Because of the built-in waiting periods, a straightforward no-fault divorce in England and Wales now takes a minimum of around six to seven months from start to finish – the 20-week reflection period plus the six-week-and-one-day wait, together with the time needed to process each stage. In reality many divorces take longer, particularly where finances are complex or contested, or where the court is busy. Sorting out money and property is very often what determines how long the overall process takes, rather than the divorce paperwork itself.

Sorting out your finances: the crucial separate step

This is the single most important thing to understand about divorce in England and Wales: the divorce itself does not deal with your finances. The final order ends your marriage, but it does not divide your money, property, savings, pensions or debts, and it does not automatically end financial claims between you. In fact, without a formal financial order, your ex-spouse could potentially make a financial claim against you years later, even after the divorce is complete.

To achieve a clean break and legal certainty, you need a separate financial order approved by the court.

Consent orders where you agree

If you and your spouse reach an agreement about how to divide your assets, that agreement is not legally binding on its own. It should be recorded in a consent order and submitted to the court for a judge to approve. Once sealed by the court, it becomes legally binding and enforceable. A separate court fee applies to a consent order application.

Financial remedy proceedings where you cannot agree

If you cannot agree, either of you can apply to the court for a financial remedy. The court has wide powers to make orders about property, lump sums, spousal maintenance, and pensions. When deciding what is fair, the court considers the factors set out in section 25 of the Matrimonial Causes Act 1973, including:

• The income, earning capacity, property and financial resources of each person.
• Their financial needs, obligations and responsibilities.
• The standard of living enjoyed during the marriage.
• The age of each party and the length of the marriage.
• Any physical or mental disability.
• Contributions each has made, including looking after the home and family.
• The conduct of each party, where it would be unfair to ignore it.

The welfare of any children under 18 is the court's first consideration. There is no fixed formula: a 50/50 split is a common starting point for long marriages, but the outcome depends on all the circumstances, and needs – particularly housing needs and the needs of children – can justify an unequal division. Pensions are frequently one of the most valuable assets and are often overlooked; they can be shared or offset and expert advice is usually essential.

Full and frank financial disclosure

Both spouses have a legal duty to provide full and frank disclosure of their finances. Hiding assets or failing to disclose can lead to a settlement being set aside later and to cost penalties. This is one of the most common areas where legal advice protects you.

Arrangements for children

Like finances, arrangements for children are dealt with separately from the divorce. The court expects parents to try to agree where the children will live and how much time they spend with each parent. Many families reach agreement without any court order at all.

Where parents cannot agree, an application can be made for a child arrangements order under the Children Act 1989, which sets out who a child lives with and spends time with. The court's paramount concern is always the welfare of the child. Child maintenance is usually handled through the Child Maintenance Service rather than the divorce court, and it uses a set formula based on the paying parent's income and other factors. You can check current child maintenance rates on gov.uk.

Before applying to court about children (and in many financial cases), you will normally be expected to attend a Mediation Information and Assessment Meeting (MIAM) to see whether the dispute can be resolved without a court hearing, unless an exemption applies, for example in cases involving domestic abuse.

Resolving disputes without court

Court should usually be a last resort. There are several ways to resolve the financial and children issues arising from divorce more constructively, often at lower cost and stress:

• Solicitor negotiation – your solicitors correspond and negotiate on your behalf to reach a settlement.
• Mediation – a trained, neutral mediator helps you both reach your own agreement, which can then be made legally binding through a consent order.
• Collaborative law – you and your spouse, each with a specially trained solicitor, meet together to work things out around the table.
• Arbitration – you appoint a private arbitrator to make a binding decision, which can be quicker than waiting for a court hearing.

These approaches, together known as non-court dispute resolution, are actively encouraged by the family courts and can preserve a workable relationship between separating parents.

How much does a divorce cost?

There are two broad types of cost. First, the court fees – the fee to issue the divorce application, and a further fee if you apply for a consent order or financial remedy. Court fees are set by the government and change periodically, so always check the current figures on gov.uk, and check whether you qualify for Help with Fees. Second, legal fees if you instruct a solicitor. The divorce paperwork itself is often relatively modest in cost; the larger expense usually arises from resolving finances, especially where matters are contested or assets are complex. At MCR Solicitors we are transparent about our fees and will explain the likely cost of your matter at the outset.

Why use a solicitor for a no-fault divorce?

The divorce application process is designed to be more accessible, and some people complete the paperwork themselves. However, the paperwork is only part of the picture. A family solicitor adds real value by:

• Making sure the court has jurisdiction and your marriage can be dissolved here.
• Advising on the best timing for the final order to protect your financial position.
• Negotiating and drafting a watertight financial consent order so claims cannot be reopened later.
• Ensuring pensions, property and hidden assets are properly addressed.
• Helping you reach fair, child-focused arrangements without unnecessary conflict.

Getting the finances right is where mistakes are most costly and hardest to undo, which is why early advice usually saves money and stress overall.

Frequently asked questions

Can my husband or wife stop the divorce?

No. Under no-fault divorce your spouse cannot contest the divorce simply because they do not want it. A divorce can only be challenged on very limited legal grounds, such as disputing the court's jurisdiction, arguing that the marriage was never legally valid, or that it has already been ended. In practice, contested divorces are now very rare.

How long do I have to be separated before I can divorce?

You do not need a period of separation at all. Under the current law you only need to have been married for at least one year and to confirm that the marriage has broken down irretrievably. Living apart is no longer a requirement, and you can even be living in the same home while you divorce.

Do I have to go to court?

In most no-fault divorces you never attend a court hearing – the process is dealt with online or on paper by the court. You are only likely to need a hearing if there is a dispute about finances or arrangements for children that cannot be resolved by agreement or mediation.

Will I have to split everything 50/50?

Not necessarily. Equal sharing is a common starting point, particularly after a long marriage, but the court looks at all the circumstances under section 25 of the Matrimonial Causes Act 1973. Needs – especially housing and the needs of any children – can lead to an unequal division. There is no automatic formula.

What happens to our pensions?

Pensions are treated as a financial asset of the marriage and can be one of the most valuable. The court can order a pension to be shared, or its value can be offset against other assets such as the family home. Because pensions are complex and easy to undervalue, expert legal and often actuarial advice is strongly recommended before agreeing any settlement.

Should I get divorced before or after sorting out the money?

It is usually wise to resolve your finances and obtain a court-approved financial order before applying for the final order that ends the marriage. Finalising the divorce too early can, in some cases, affect valuable rights such as certain pension and survivor benefits. A solicitor can advise on the safest order of events for your situation.

Talk to MCR Solicitors about your divorce

Every divorce is different, and the decisions you make about finances, pensions and children can affect you for years to come. The experienced family law team at MCR Solicitors in Manchester can guide you through every stage of the no-fault divorce process, protect your interests and help you move forward with confidence. For clear, practical advice tailored to your circumstances, call MCR Solicitors today on 0161 466 1280 to arrange a consultation.

Please note: This article is for general information about the law in England and Wales as at 2026 and does not constitute legal advice. Fees, thresholds and processing times change over time – always check the latest figures on gov.uk – and you should take advice on your own situation before acting.