Understanding how to apply for divorce in the UK can make an important legal process easier to navigate. In England and Wales, the modern divorce process allows a married couple to end their marriage without one spouse having to make allegations about the other person’s behaviour. The process involves submitting a divorce application, allowing the required period to pass, applying for a conditional order and then applying for the final order that legally ends the marriage.
If you are considering divorce, it is also important to think about financial arrangements, property, pensions and arrangements for children. A divorce application itself does not automatically resolve these issues. Taking appropriate legal advice can help you understand the separate steps that may be required.
Who Can Apply for Divorce in the UK?
Before starting a divorce application, you need to check that you are eligible. In England and Wales, you can generally apply for divorce if you have been married for more than one year, your relationship has permanently broken down and your marriage is legally recognised in the UK.
The divorce process in Scotland and Northern Ireland is different, so the information in this article is focused on England and Wales.
A person may apply alone as a sole applicant, or both spouses can make a joint application if they agree to proceed together. GOV.UK explains that a joint application requires both parties to confirm that they want to continue at the relevant stages.
How to Start a Divorce Application
The first practical step in how to apply for divorce in the UK is preparing the information and documents required for the application. You will generally need the full names and addresses of both spouses, your original marriage certificate or a certified copy, and evidence of any name change where applicable. If the marriage certificate is not in English, a certified translation may also be required.
Applications can generally be made online or by post. If applying by post, the D8 divorce application form is used. Online applications can be made through the official divorce service.
The current divorce application fee is £628. People who have difficulty paying the fee may be eligible for help with court fees depending on their circumstances.
Sole Divorce Application or Joint Divorce Application?
When learning how to apply for divorce in the UK, one of the decisions you may need to make is whether to apply jointly or on your own.
A joint application can be used where both spouses agree that they want the marriage to end and are able to proceed together. Both applicants need to participate in the process.
A sole application is made by one spouse. The court then sends the divorce application to the other spouse, who is known as the respondent. The respondent normally has to acknowledge service and indicate whether they intend to dispute the divorce.
If the respondent does not agree with the divorce, they need a genuine legal reason to dispute it. Simply not wanting the divorce or wanting to delay the process is not, by itself, a legal reason to dispute the application.
What Happens After the Divorce Application?
Once the divorce application has been issued by the court, the process moves to the next stage. For applications under the current divorce law, there is a minimum 20-week period from the issue of the application before an applicant can apply for a conditional order.
The 20-week period provides time for the parties to consider arrangements relating to their separation and the wider consequences of the marriage ending.
During this period, it can be useful to address financial matters, property and arrangements for children rather than leaving these issues until after the divorce has been finalised.
What Is a Conditional Order?
A conditional order is an important stage in the divorce process. It confirms that the court does not see a reason why the divorce cannot proceed.
For applications issued under the current law, the applicant can generally apply for the conditional order after the required 20-week period, subject to the relevant procedural requirements.
However, receiving a conditional order does not mean that you are legally divorced. You remain married until the final order has been made.
This distinction is important because people sometimes assume that receiving the conditional order means the marriage has already ended.
Applying for the Final Order
The final stage is applying for the final order. You normally need to wait at least 6 weeks and 1 day after the conditional order before applying for the final order. Once the final order is made, the marriage is legally ended.
GOV.UK also states that applicants should consider financial arrangements before applying for the final order where there are financial matters that need to be dealt with. A legally binding arrangement concerning money and property may require a separate financial order from the court.
If a person is unsure whether to apply for the final order immediately, obtaining advice about financial arrangements may be appropriate before taking that final step.
How Long Does Divorce Take in the UK?
If you are researching how to apply for divorce in the UK, the timescale is an important consideration. GOV.UK states that a divorce normally takes at least 7 months.
The process includes the 20-week period before the conditional order and the minimum 6-week-and-1-day period before the final order. Court administration, incomplete information, difficulties serving documents and disputes concerning other matters can affect the overall circumstances of a case.
Divorce proceedings can therefore involve more than simply submitting the initial application.
What Happens to Money and Property During Divorce?
Applying for divorce does not automatically divide your finances or property. Financial matters may include the family home, savings, investments, pensions, debts and other assets.
If you and your spouse agree on financial arrangements, it may still be appropriate to have the agreement formalised through the appropriate legal process. Where financial matters cannot be agreed, an application for a financial order may be necessary.
This is one reason why obtaining advice from a divorce solicitor in London can be useful before finalising your divorce.
What About Children After Divorce?
If you have children, divorce does not automatically determine where they will live or how they will spend time with each parent.
Parents can try to agree arrangements between themselves, including living arrangements, school matters, holidays and time spent with each parent. Where an agreement cannot be reached, legal advice may help explain the available options.
The needs and welfare of children should remain an important consideration when making arrangements following separation.
Why Speak to a Divorce Solicitor?
Although it is possible to apply for divorce yourself, family circumstances can make the process more complicated. A divorce solicitor in London can explain the divorce procedure and help you understand issues surrounding financial arrangements, property, pensions and children.
Professional legal advice can also be particularly useful where there are significant assets, disagreements about finances, international connections, business interests or concerns about children’s arrangements.
A solicitor can help you understand the legal options relevant to your circumstances rather than relying on general information alone.
Key Points About How to Apply for Divorce in the UK
The current divorce process in England and Wales begins with checking eligibility and preparing the required information. You can generally make a sole or joint application, and the application can usually be submitted online or by post. The current court fee is £628, subject to possible help with fees for eligible applicants.
After the application is issued, there is normally a 20-week waiting period before the conditional order stage. After the conditional order, there is a minimum period of 6 weeks and 1 day before the final order can be applied for.
Because divorce and financial arrangements are separate legal matters, it is sensible to consider both before bringing the marriage to a legal end.
Contact Asher & Tomar for Divorce and Family Law Advice
If you need advice about how to apply for divorce in the UK, Asher & Tomar can provide guidance on the divorce process and related family-law matters. Whether you are considering a sole or joint application, need assistance with financial arrangements or have questions about children following separation, obtaining advice at an early stage can help you understand the appropriate next steps.
For legal advice, contact Asher & Tomar to discuss your circumstances and the options available to you.
Frequently Asked Questions
How do I apply for divorce in the UK?
In England and Wales, you can generally apply for divorce online or by post. You will need information about both spouses and your marriage certificate or a certified copy. You can make a sole application or, where appropriate, a joint application. The current divorce application fee is £628.
Can I apply for divorce without my spouse’s agreement?
Yes. You can make a sole divorce application without your spouse agreeing to make a joint application. Your spouse will normally be notified and given an opportunity to respond. A genuine legal reason is required if they want to dispute the divorce.
How long does divorce take in the UK?
A divorce in England and Wales normally takes at least seven months. This includes the required waiting periods between the application, conditional order and final order stages. Individual circumstances and procedural issues can affect the overall timescale.
How much does it cost to apply for divorce in the UK?
The current court fee for a divorce application is £628. Some people may qualify for help with court fees depending on their income and circumstances. Solicitors’ fees are separate and depend on the work required.
What documents do I need to apply for divorce?
You will generally need the full names and addresses of both spouses, your original marriage certificate or certified copy, and evidence of a name change if applicable. A certified translation may be needed if the marriage certificate is not in English.
What is a conditional order in divorce?
A conditional order is a court document confirming that the court does not see a reason why the divorce cannot proceed. It does not legally end the marriage. You must apply for the final order to legally end the marriage.
When can I apply for the final order?
For a current divorce application in England and Wales, you can generally apply for the final order at least 6 weeks and 1 day after the conditional order. Once the final order is made, the marriage is legally ended.
Does divorce automatically divide our money and property?
No. Divorce and financial arrangements are separate matters. If you need a legally binding arrangement concerning money or property, you may need to apply for an appropriate financial order. GOV.UK advises considering financial arrangements before applying for the final order.
Can a divorce solicitor help with financial matters?
Yes. A family or divorce solicitor can advise you about financial arrangements connected with divorce, including property, savings, pensions and other financial interests. The appropriate approach depends on the circumstances of each case.
Can I get legal advice before applying for divorce?
Yes. Getting legal advice before submitting a divorce application can help you understand the process and identify other issues that may need attention, particularly finances, property and arrangements for children.
Contact Asher & Tomar
Telephone: 0208 867 7737 | 07873 329697 | 07454 229810
Email: asherandtomar@aol.co.uk
