Legal Divorce FAQs

You can apply for a divorce after you have been married for at least one year. If you want to end a marriage earlier, in very limited circumstances you may be able to have it annulled.

To apply for a divorce in England or Wales, you need to have a connection with the country and need to have a marriage that is legally recognised here. You also need to have been married for at least one year.

To apply for a divorce, you do not need to give a reason, but you need to claim that your marriage has irretrievably broken down. England and Wales has a ‘no fault’ system of divorce (introduced as part of the Divorce, Dissolution and Separation Act 2020). As a result, you do not have to give a reason for the irretrievable breakdown. However, the reasons for the breakdown may be relevant in the other related areas of child arrangements and financial settlements. For example, the presence of domestic abuse can in certain circumstances lead to access to legal aid for related legal processes. It will also be relevant for child arrangements.

To apply for a divorce, you will need the original, or a certified copy of your marriage certificate and to provide the full names and addresses for both you and your spouse. You will also need to provide proof of any name changes since getting married, such as your marriage certificate or a deed poll. If your marriage certificate is not in English, you will need to provide a certified translation, with a signed ‘Statement of Truth’ from the translator that the translation is accurate. If the translator does not give you a Statement of Truth, you will need to have the translation of your marriage certificate certified by a Notary Public. You can search for translators online and for a Notary Public from the Notaries Society website: www.thenotariessociety.org.uk/notary-search

On the divorce application form, you are asked whether you want to apply for a financial order. It is important to tick ‘yes’ at the early stage of the divorce application as it leaves the option open to you to apply later for a financial settlement to be made legally binding by a court.

The fee for a divorce application is currently £612 (July 2025). This fee is payable when you make the application. If you are on low income or on certain benefits, you may be eligible for a reduced fee. There is a box you can tick on the online form. Up to date information can be found on the government website: www.gov.uk/get-help-with-court-fees The application is designed in a simple way to make it possible for individuals to do it without legal support. If you feel you can begin the application process for the divorce yourself without having to pay for legal assistance at this stage, you can apply online on the government website: www.gov.uk/divorce/file-for-divorce/ However, if you do not feel confident in doing this, you can get help and there will be additional costs associated with this.

Costs will vary depending on the circumstances around your divorce and how amicable the parties are. Other costs might arise from needing legal advice or representation. Other applications to the court within the divorce process might also be needed and these also require fees. The current cost are shown on the government website: www.gov.uk/court-fees-what-they-are You may decide to instruct a solicitor at any stage in the process of getting a divorce and there will be fees associated with that. This tends to be the most expensive route to take when getting a divorce and most people will avoid it. At the beginning of any meeting with a solicitor, you should discuss the likely costs involved. Some of the work can be done yourself if you feel capable and you can cut costs in this way.

If you are applying for a divorce, you may have to pay the court fee and any other fees that arise for various court orders. You may be able to make an agreement amongst yourselves to share the costs. If you want the court to order that your spouse pays some or all the divorce costs, you need to apply to the court to make a ‘costs order’ using form D11 on the gov.uk website. www.gov.uk/government/publications/form-d11-application-notice However, it is not usual for the court to award costs in family law proceedings and usually limited to cases where the spouse is behaving unreasonably and not cooperating with the divorce proceedings. If you are applying for a reduced court fee, you both need to be eligible for the reduction, otherwise one of you will be responsible for paying the full amount. You will then have to agree between you who will pay for the divorce or how the costs will be shared. You can check if you are eligible for a reduction in fees or for them to be waived on the government website: www.gov.uk/get-help-with-court-fees

You may be eligible for help to pay for a divorce, depending on your circumstances. You can get Legal Aid to help pay for a divorce if you have been in a relationship that has involved abuse, child abduction, or if you are at risk of being made homeless. It is means tested. You can check if you are eligible for Legal Aid on the government website: www.gov.uk/check-legal-aid

You can try your local Citizens Advice Office or Law Centre, The Bar Pro Bono Unit and other organisations, such as Rights of Women. More information and advice can be found on the Money Helper website: www.moneyhelper.org.uk/en/getting-help-and-advice/divorce-and-separation-advice/legal-aid-and-other-help-if-you-cant-afford-divorce-or-separation-fees

A person can apply for a divorce online on the gov.uk website or by getting a paper form (form D8) from a local court or the government website. You can call the Digital Support Helpline if you need help filling in the online form or don’t have access to a computer or smartphone. www.gov.uk/divorce/file-for-divorce

Either spouse can apply for a divorce. You can make a sole or joint application. If you make a sole application, you are known as the applicant and your spouse is the respondent. You cannot change a sole application to a joint application later in the process. If you both agree on getting a divorce, you can make a joint application. In that case, you will be known as applicant 1 and applicant 2. If a spouse stops cooperating during the process, a joint application can be changed to a sole application, but a sole application cannot become a joint application later.

If you are eligible for a reduction in court fees, but your spouse is not, it is better to apply as a sole applicant. Joint applicants can only get help with the cost of court fees if both are eligible.

If you are the applicant, you apply for the divorce and then your spouse has to respond by completing the Acknowledgement of Service (AOS) form. The applicant needs to provide an address or contact details for the respondent and can use measures such as friends, family members, employers, bailiffs, process servers, private investigators and government departments to try to find an address at which to serve the divorce papers. Therefore, it is harder for a respondent to keep their contact details hidden from the applicant. Also, as the applicant, only you can apply for the Conditional Order once the respondent has returned the Acknowledgement of Service form and start the next step of the process. Once you apply for the Conditional Order, you can start to apply for a legally binding financial settlement. Six weeks after a Conditional Order has been granted, the applicant can apply for the Final Order to end the marriage. If you have to sort out your financial agreement first, the Final Order will be delayed until that process is complete.

The applicant must provide contact details for both the spouses and a certified copy of your marriage certificate. For an online application, you can upload a copy or send it by post. If you don’t have a copy, you will need to apply for a copy from the local register office where you got married or the General Register Office. If your marriage certificate is not in English, you will need to get it translated and the translation needs to include a ‘Statement of Truth’ from the translator or be certified by a Notary Public.

The applicant will need to provide evidence of the fact that the marriage took place, giving details of the exact date and place that the marriage took place. If the marriage ceremony took place in another country, it would be best to get in touch with the embassy of that country to find out how to get a copy of the marriage certificate.

As an applicant, you may wish to keep your contact details confidential. This is usual in the case of significant domestic abuse. When completing the divorce application form, you can tick the option to keep your contact details confidential. The court will hide your contact details when they send your divorce application to the respondent.

No, an applicant doesn’t need to instruct a solicitor. However, there may be some aspects of the process where a solicitor would be recommended if the matter is not straightforward. Some solicitors will agree to do aspects of the work for a fixed fee. This helps to manage the costs. If a person does not have a solicitor and they have to go to court, they are known as ‘litigants in person’.

The court will begin the divorce process, and this is known as issuing an application. They will assign a case number and notify you of the next steps. If you made a sole application, you will be the ‘applicant’ and your spouse will be the ‘respondent’. The court will then ‘serve’ the divorce application to the respondent, using the contact details you will have provided.

The court usually sends the respondent the application for divorce, notification of divorce proceedings and an Acknowledgement of Service (AOS) form via email and post. The court can serve the divorce application via post only if you don’t have an email address for your spouse. If you don’t have a postal address, you can apply for the service to be sent via email only by filling out Form D11 on the government website. www.gov.uk/government/publications/form-d11-application-notice

The court will need alternative contact details for a spouse if their address is unknown. It is possible to serve the divorce application by email as this is quick and there is proof of sending. Alternative contact details can be provided to the court through a form (form D11) on the gov.uk website. This should include the reason why your spouse cannot be served the divorce application by post. You must also provide proof that the respondent uses the alternative contact method. If you can’t provide this proof, you must state when you last knew of them using it. If you want to send the divorce application to your spouse yourself instead of the court, you will need to give your reasons for the judge’s consideration and will have to provide a statement of truth and proof of sending it. www.gov.uk/government/publications/form-d11-application-notice

If it is safe to do so, it may be best to start by asking relatives, friends and last-known employers for the contact details of a spouse. If that search is not possible or unsuccessful, you can apply to request a government records search, using form D11, to disclose the address of the respondent. You will need to explain why you think the search will be successful. Typically, you would request to search the Department of Work and Pensions (DWP) and HMRC, but you can ask for all departments to do a search if necessary. There will be a fee to pay for each search. You will need to provide your spouse’s full name, date of birth and last known address. If you have their National Insurance number, it would be useful to provide that too. If, as the applicant, you are not applying for a financial order in the divorce, you must only apply to disclose the respondent’s address after you have tried all other methods to locate them. More information can be found on the government website: www.gov.uk/divorce-missing-husband-wife

The divorce application can be served by the court via email. You can also arrange to send it via text message or social media yourself, through a solicitor either here in England and Wales or in their country of residence, or through another third party.

An applicant may need to serve the respondent if the court has tried twice but couldn’t serve them, if they live outside England and Wales or if the applicant ticks the box to choose to serve the respondent themselves. An applicant will have 28 days in which to serve the respondent after the application is issued and will have to apply for an extension and explain the reasons for any delays if they occur.

The applicant can apply for the divorce application to go ahead without serving the papers to the other party by asking for a ‘dispensing of service’, using the D11 or D13B Form. It is advisable to seek legal advice before you complete these forms.

The spouse being served with notification of divorce proceedings is called the ‘respondent’ and has 14 days in which to reply by sending back the acknowledgement of service online or by post, using Form D10. If they live outside of England and Wales, they will be allowed more time to respond. As a respondent, you will have a chance to state whether you agree with the contents of the divorce application or not, however, a respondent cannot contest the divorce itself. A divorce can only be disputed if the circumstances are that:

• The marriage was already ended by a court in a different country
• The marriage was not legally valid to begin with
• The court does not have jurisdiction to deal with the divorce. This could be the case if neither of you has a permanent home in England or Wales or if divorce proceedings have already been started in another country.

The respondent must state they dispute the divorce application when returning the Acknowledgement of Service form. They must give an ‘answer’ to the application, online or by post, within 21 days of receiving the notice of proceedings by completing Form D8B. There will be a fee to pay and the case may have to go to a court hearing.

If safe to do so, you could contact your spouse and ask them to return the relevant documents. A respondent can also submit the acknowledgement of service late. Steps you can take are:

• You can pay a fee and ask for a court bailiff to serve the divorce application to your spouse again if you know where they live
• You can apply to continue with the divorce as if your spouse has received the divorce application, known as ‘deemed service’ if you know they did receive the papers
• If you do not know where they are, you can try to find your spouse with options available on the government website: www.gov.uk/divorce-missing-husband-wife.

If a respondent doesn’t want to allow the applicant to see their contact details on the acknowledgement of service form when they receive a copy of it, they can send it back with a request to keep their contact details hidden from the applicant. It is important to note that if a respondent has been served the divorce application, it is likely that the applicant may have already gone to some lengths to try to find contact details for the respondent to have the application sent to them. If you change address during the divorce process, you can ask the court to keep your new contact information confidential.

You must wait 20 weeks after the divorce application was issued, whether it was a joint or sole application. After that, you are able to apply for a Conditional Order (previously known as a Decree Nisi), confirming that the court sees no reason to prevent the divorce. The 20-week period is a time to reflect on whether you are sure you want to go ahead with the divorce process. You can apply for the Conditional Order online or by post using Form D84, depending on how you began your divorce application. You can also apply as a sole applicant even if you began the process as joint applicants. In this case, you must send a copy of your application for a Conditional Order to your spouse.

A judge considers the application and decides if you are entitled to a divorce. If the divorce application is not disputed, you do not have to attend a court hearing. The judge will issue both spouses a Certificate of Entitlement to Conditional Order, which will inform you of the date and time that the Conditional Order will be granted by the court. You do not have to attend the court at that time. A couple is still married after being granted a Conditional Order.

Getting your Final Order (previously called the Decree Absolute) officially ends your marriage. But it does not automatically end your financial ties to your ex. If you don’t have a financial order approved by the court, either of you could make financial claims against the other in the future — even years after the divorce. Timeframe: You must wait 6 weeks and 1 day after being granted the Conditional Order to apply for a Final Order. You must apply for the Final Order within 12 months of being granted the Conditional Order or you will have to explain why there has been a longer delay. A financial settlement is needed to ensure each party receives a share of any matrimonial assets. You should settle all financial arrangements before applying for a Final Order. Without a legal financial settlement being reached, the financial claims between the parties remains open indefinitely. A financial settlement before a Final Order is important as you will not be entitled to claim for certain financial arrangements to be made after the divorce is finalised, such as pensions provisions. If you do not have a financial settlement in place, evidenced by a legal agreement or Order, and you complete your divorce, either party can at any stage bring proceedings for financial remedies. They will have to have a good reason for any delays. If you are the applicant, you may wish to get legal advice before applying for the Final Order. If you are the respondent, you may wish to seek legal advice as soon as possible as you may only be able to ask for a delay in the granting of the Final Order and cannot stop the applicant from applying for it. This case study helps to illustrate the issue: You divorce and move on with your life. A few years later, you inherit money, win the lottery, or build up a pension. Because no financial order was made, your ex could still go back to court and claim a share of those assets. A financial order provides certainty. It sets out how money, property, pensions or debts will be dealt with and, once approved by the court, it closes the door to future claims. Finalising the divorce ends the marriage. A financial order ends the financial relationship. You usually need both to move forward securely.

If you were joint applicants, either of you can apply for the Final Order using Form D36. If you were the sole applicant, you can apply for the Final Order. If you were the respondent and you want to apply for the Final Order because the applicant is not doing so, you must wait an extra three months in addition to the 6 weeks and 1 day. A sole applicant, who began the divorce process as a joint applicant, needs to give their spouse 14 days’ notice that they will be applying for a Final Order and prove to the court that this notice was sent to their spouse. The applicant then asks for a Final Order using Form D36A.

You will be issued with a Final Order to state that the marriage has legally ended and you are free to marry someone else. Your Final Order is proof you have divorced, so it is important to keep it safe. You can get a copy if you lose your original from the government website: www.gov.uk/copy-decree-absolute-final-order

Usually, the court allows up to a year from receiving the Conditional Order to apply for the Final Order. If your financial settlement takes longer to achieve and your application if therefore delayed, you will be asked to provide a statement with your application for the Final Order explaining why there was a delay and that you did not reconcile at any point since the Conditional Order.

It is possible to withdraw the application but you will need to explain your reason to the court and there may be a fee to pay. It is best to be sure you are ready for a divorce before you begin the process as there is a lot of emotional strain and certain financial costs involved in going through the process.

You can apply to divorce your spouse if they ‘lack mental capacity’ and cannot make decisions about the divorce. Your spouse will need a ‘litigation friend’ to make decisions for and represent them in the divorce proceedings. This can be a friend or family member or can be an Official Solicitor if there is no-one else who can take on the role. More information can be found on the government website: www.gov.uk/divorce/if-your-husband-or-wife-lacks-mental-capacity

The shortest amount of time a civil divorce usually takes is over 6 months if there are no disputes, complications or financial arrangements to be made. Where financial resolution is needed, especially if this is litigated in court, it can take much longer. The application for the Final Order should not be made until there is an agreement. This agreement should be evidenced in a consent order if it is reached outside of court. If there is a court process, there will be a final court Order dividing the assets. Once you have this document, you can apply for the divorce to be finalised. Any hearings to do with child arrangements do not impact on the divorce application and process. Child arrangements are entirely separate.

If you receive any benefits, you will need to report a change in your circumstances to the relevant government departments. www.gov.uk/report-benefits-change-circumstances?step-by-step-nav=84b7fdca-a8b0-4500-bc27-dafeab9f1401 If your visa depends on your relationship status, for example, you are a dependent on your spouse’s visa or you are a spouse on a family visa, you will need to inform the Home Office. www.gov.uk/report-benefits-change-circumstances?step-by-step-nav=84b7fdca-a8b0-4500-bc27-dafeab9f1401

A divorce conducted abroad may be legally valid in England and Wales, but it will depend on a number of criteria being met, including some which are connected to the complex rules around your place of domicile. If you are not sure of the validity of your divorce, it is best to seek legal advice. This would be especially important if you are considering entering into another marriage, as you may commit the offence of bigamy and make your new marriage void if you are still legally married to your former spouse.

42. What is a McKenzie Friend? A McKenzie Friend is someone who has been given permission by the judge to attend court hearings with you if you don’t have legal representation. They don’t have to be legal professionals and can be a friend or family member with no special interest in the outcome of your case. They can provide emotional and practical support, such as making notes or organising your papers. A McKenzie Friend cannot speak to the judge or the other party’s legal representatives unless they have permission from the judge. If a judge refuses to allow you a McKenzie Friend, they must explain why. Some people or organisations offer services to attend court hearings as McKenzie Friends for a fee or free of charge. Please be aware that they are not regulated and may not be legally trained. Before choosing a McKenzie Friend, make sure you have a clear idea of the extent of the role and the support one can offer and that the person understands the need to keep all matters relating to the case confidential. For more information, please read: www.rightsofwomen.org.uk/wp-content/uploads/2023/12/mckenzie-friends_support-at-court-without-a-lawyer-1.pdf

You can make an informal agreement with your spouse regarding living separately and how to share costs of living, other financial obligations and time with any children. This is a ‘separation agreement’ which can help create an understanding while you are living apart and are not ready to start the divorce process. You can have this agreement checked by a solicitor and can ask for the court to make it legally binding by turning it into a ‘consent order’. This agreement could also be formalised by a judge as part of a divorce if you show you have taken legal advice in drafting it and your circumstances have remained the same since.