Your Situation

Applying for divorce

We offer a free divorce application service for all couples seeking our advisory services. Couples who are ready to start the divorce process can instruct one Divorce Surgery solicitor to prepare and file your joint application, so the court process matches the approach you're already taking on finances and children.

Hands working on a laptop and notepad with documents on a meeting table

Joint divorce application at a glance

Jurisdiction
England and Wales.
Application type
Joint application for couples applying together.
Service cost
No fee for couples already taking The Divorce Surgery’s advice on finances or co-parenting.
Court fee
£628. This fee is set by HM Courts & Tribunals Service (HMCTS) and is subject to change.
Minimum statutory timescales
20 weeks from online application to Conditional Order, then at least 43 days from Conditional Order to Final Divorce Order.
What it resolves
The legal marriage only; finances, property, pensions, debts and children’s arrangements are separate.

What the divorce application does

Starts the court process that legally ends the marriage. For a married couple, the court process ends in a Final Divorce Order. For civil partners, the equivalent legal process is dissolution.

What the divorce application doesn't do

Divide property, pensions, or debts, or decide arrangements for your children. The divorce application, financial settlement and arrangements for children are treated separately by the courts.

A Final Divorce Order does not make an informal financial agreement binding. Even couples who have reached an informal agreement will need it converted into a Financial Order, which only becomes binding when approved by the court.

If your main concern is money, property, pensions or debts, please visit Resolving Your Finances.

For support with arrangements for children, explore Co-Parenting.

Who can make a joint divorce application?

You can apply for a divorce in England or Wales if you have been married for over one year, the relationship has permanently broken down, and the marriage is legally recognised. The court must also have jurisdiction to deal with the divorce.

You can apply together if you both agree; alternatively one of you can make a sole application without the other's prior agreement.

Divorce application cost

Free, for couples taking our advice on finances or co-parenting. You only pay the court fee, currently £628. The £628 fee is set by HMCTS and is subject to change.

What happens next

  1. 1

    We prepare the documents

    Your solicitor drafts everything you need, then reviews it with you both on a video call. You make any final changes together before you file.

  2. 2

    Through to Final Order

    You submit the finished application together, online, and keep it moving in step with any financial work happening at the same time.

Frequently Asked Questions

Is the divorce application the same as sorting our finances?

No. The divorce process ends the marriage once the Final Order is granted; the equivalent process for civil partners is dissolution. The division of your finances is a separate legal process, which requires a Financial Order approved by the court to become binding. You can find out more about how we can help in Resolving Your Finances.

Is your divorce application service free?

Yes, but only if you're taking our advice on your finances or children's arrangements. One of our solicitors prepares and files the application with you, at no charge. You pay only the court fee, currently £628 (court fees can change).

How long does a divorce application take?

Minimum 6 months. Once you have made a divorce application online, you have to wait 20 weeks before applying for a Conditional Order of divorce. Most couples use this time to seek advice on the division of their finances. Once you have your Conditional Order, you will need to wait at least 43 days (6 weeks and one day) before you can apply for the Final Order of divorce, but you should take legal advice before you do so.

Do we have to attend court?

No. The whole process is dealt with online.

Read all FAQs

This page provides general information about divorce in England and Wales. It is not legal advice for a particular case, and suitability for a joint application or shared-lawyer service depends on individual assessment.

Take one clear next step

You don't need to solve your whole divorce today. Choose the conversation or resource that best matches what you need now.