Divorce: what do we need to do?

Here’s a brief summary of how a divorce application works in England and Wales.

You’ll need to decide whether to apply jointly with your spouse or apply on your own. Either way, the divorce takes at least 5-6 months from start to finish — joint and sole applications follow the same timeline.

A joint application works if you both agree to the divorce.

A sole application is the better route if any of the following apply:

• You’re at risk of domestic abuse
• Your spouse doesn’t agree to the divorce
• You don’t think your spouse will cooperate with the court
• There’s an urgent reason to apply without notifying your spouse, for example a jurisdictional issue. If this applies to you, please get urgent independent legal advice before proceeding.

To apply, you’ll need both full names and addresses, your original marriage certificate or a certified copy, with a certified translation if it isn’t in English, and proof of any name change since the marriage, such as a deed poll. You’ll also need your spouse’s current address if they’re living separately, so the court can send them the application. Give an email address and the court sends it online, otherwise it goes by post.

The court fee is £628 (as of September 2026, but this is subject to change). Help with fees is available if you receive benefits or have a low income. On a joint application, you both need to apply for fee help — if your husband or wife isn’t eligible or doesn’t apply, you’ll pay the full fee yourself.

Once the court receives your divorce application, it checks the details and, if everything’s correct, sends you a notice that it’s been issued, a stamped copy of the application, and a case number to quote in any further correspondence.

If you applied alone, the court also sends your spouse the application, along with an acknowledgement of service notice. They have 14 days to respond, either agreeing to the divorce, so you can apply for a Conditional Order once 20 weeks have passed, or disputing it. Disputing a divorce only works on very limited legal grounds — the English court lacking jurisdiction, the marriage not being valid, or the marriage having already ended legally. You can no longer dispute a divorce simply because you don’t want one, or to delay the process.

Assuming neither of you disputes it, you wait 20 weeks, then apply for a Conditional Order. This is the court confirming it sees no reason you can’t divorce — it isn’t the divorce itself, you’re still married once it’s granted. After this, the court can turn any agreement you’ve reached on your finances into a binding order.

Once your financial agreements are court orders, and at least 43 days (6 weeks and 1 day) have passed since your Conditional Order, you can apply for a Final Order. This is what ends your marriage.

You need to get your Financial Orders sorted before this step. A Final Order has real consequences for tax and pensions, and finalising your divorce before your finances are settled can complicate things unnecessarily.

Apply for a Final Order within 12 months of the Conditional Order, or you’ll need to explain the delay to the court. Once you apply, the court checks the time limits and confirms there’s no other reason to withhold the divorce, then sends you both copies.

Once you have the Final Order, you’re divorced. You’re free to remarry, and you’ll need this document to prove it, so keep it safe. If you lose it, you will need to apply to the court for a replacement.