What is the divorce process and how does it work?

In the UK, divorce follows a number of steps. The process involves making arrangements for finances, property and assets, as well as applying for and finalising the divorce.

The legal process of divorce ends your marriage. It does not resolve all issues relating to property, money and children upon separation – these involve separate legal procedures.

Our award-winning family law and divorce experts are here to guide you through the entire process.

1. Checking if you’re able to get divorced

If you’re considering divorce, the first thing to confirm is whether you’re able to. In order to get divorced in the UK, the following must be true:

• You must have been married for 12 months or more

• Your marriage must be recognised in the UK (this includes same-sex marriage)

• Your relationship must have broken down

On 6 April 2022, the concept of no-fault divorce was introduced as law in England and Wales, meaning that the old grounds for divorce are now obsolete.

Will you be getting a divorce jointly? It’s possible to initiate divorce proceedings even if your spouse doesn’t agree. If you start a joint application and your spouse stops responding, then you can still continue by yourself.

2. Making arrangements: children, finances and other assets

Finances are a significant factor in marriage. They will often include joint assets, such as property — usually the family home — as well as bank accounts, savings, investments and pensions. Marriages also include joint and individual debts and liabilities. Before finalising the divorce, it is also helpful for parties to try and negotiate on the division of the financial assets.

Financial obligations, such as maintaining the family home, do not automatically terminate following separation. Any interest in assets, such as properties, pensions and businesses must be taken into account. Solicitors can help you in drafting a financial consent order — this is a legally-binding agreement for the division of property, money, pension benefits and spousal maintenance. This should be in place before you apply to finalise the divorce (step 5).

Although it’s possible to divorce without a solicitor, to best protect your financial position, it is highly recommended to instruct a solicitor for professional advice. There are no guarantees that a court or judge will accept informal arrangements prepared by individuals themselves.

Additionally, some divorces are more complicated than others. International divorce, in particular, can be complex. If you have property overseas, or one of you is living overseas, then bear in mind that the law relating to children and division of assets is different in each country.

Even if you are certain that you want to deal with the divorce yourself, it is still recommended to consult a solicitor — they will often offer an initial consultation free of charge.

3. Applying for the divorce

Your divorce application can be started through the UK government’s online divorce service website page. If you’ve instructed a solicitor, they handle this for you.

You will need a photocopy or photograph of your marriage certificate to upload. It should be on a single sheet and easy to read, with the certificate number and all four corners clearly visible.

Upon application, a fee of £593 will be payable direct to the court. This can be paid by one individual, or the cost shared equally.

Depending on your level of savings, benefits you receive and your income, you may be exempt from paying this fee. In these circumstances, you need to complete an EX160 form. If you’re making a joint application, both of you must apply for assistance, and if one of you isn’t eligible, then the full fee needs to be paid.

If you applied jointly…

• Your application will be checked and you’ll both be sent a stamped copy of your application, a case number and an ‘acknowledge’ receipt.

• Both of you will receive confirmation of the application being issued. You will have 14 days to formally respond.

• Then, you will need to wait 20 weeks after the date of your application being issued to apply for a conditional order and continue the divorce.

If you applied by yourself…

• Your sole application will be checked by the HM Courts and Tribunals Service (HMCTS) online service, after which you’ll receive a copy of your application, a case number and a notice that your application was issued.

• Your spouse will receive a court letter containing a passcode and details to log onto an online portal and respond to the divorce electronically. This must be done within 14 days.

  • If they complete the formal response, the divorce continues by the applicant proceeding with the conditional order application. Like a joint application, you must wait 20 weeks after the application has been issued by the court.

  • If they dispute the divorce, your husband or wife will have to complete a form detailing why. They must have a genuine legal reason — this cannot be because they do not want a divorce, or are seeking to delay the process.

  • If they do not submit the answer form, you can continue by applying for the conditional order, but you may be required by the court to prove the application has been received In these circumstances the party failing to respond may be ordered to pay the other party's costs.

4. Applying for a conditional order

You will receive a notice confirming the date of when the ‘conditional order’ will be made. This is a document stating that the court sees no reason why you cannot divorce. It was previously called ‘decree nisi’.

As mentioned, this happens 20 weeks after your divorce application was issued by the court. You can apply for the conditional order online. Even if the divorce was started jointly, this step can be continued by one person.

5. Finalising the divorce (and financial orders)

After the conditional order is granted, you must wait 43 days (six weeks and one day) before the divorce is finalised and the marriage is ended. At this point, you can apply for a final order.

Before applying for the final order, you should have a financial order in place if you want one. As discussed in step 2, this is a legally-binding agreement for the division of property, money, pension benefits and spousal maintenance. It can be done with consent, which would be by mutual agreement between the parties. If not, one party will need to issue financial court proceedings.

Consent orders are typically approved by the court if full financial disclosure of the marital assets has taken place. Sometimes, however, a judge can refuse an order — this may be due to the lack of financial information that could potentially lead to an unfair settlement.

When the consent order is filed at court, a separate document — known as a D81 statement of information for a consent order form — needs to be completed by each party. This sets out their individual financial information.

The final order is the last step of the divorce process. This document (previously known as the decree absolute) should be kept safe as proof of your marital status, or if you plan to remarry.

Divorce process: frequently asked questions answered

How much does a divorce cost?

The court fee for a divorce is £593. This would be the only fee if you consider the divorce yourself. If you wish to use a solicitor for a divorce, law firms often charge a fixed fee. The divorce fee is separate to the costs of advising on the financial matters of the marriage. Any matters concerning children matters will also be in addition to the base divorce costs.

At Emsleys, we offer a free initial consultation, fixed fees and a set hourly rate, so you’ll have no hidden surprises during the divorce process.

How long does divorce take in the UK?

Even the most straightforward divorces take at least six months to complete. This is because you must wait 20 weeks after the initial application before the conditional order is made, and then another six weeks and one day after the conditional order date before the divorce is finalised.

If your spouse is uncooperative — perhaps by failing to acknowledge service or provide financial information when requested — then this process can take as long as 12 months to conclude.

Will I need to go to court for my divorce?

If you want to divorce, it is unlikely you will need to attend court. If you have disagreements involving your finances or children and separate proceedings have started, then you may have to attend court hearings to resolve these issues. However, experienced family law solicitors will see this only as a last resort.

Emsleys: specialist divorce solicitors

Since 1987, our award-winning family law team has been providing expert legal guidance and advice for those seeking divorce. This includes complex and international cases.

We appreciate this is a hugely emotional time, our Resolution affiliated experts adopt a personal, sensitive approach. Each case is unique.

Word of mouth is our most powerful marketing tool — as well as a Trustpilot score of 4.7 out of 5, we’re proud to say that 99% of our clients would use us again and recommend Emsleys to others.