Overview
You can get divorced in England or Wales if all of the following are true:
- you’ve been married for over a year
- your relationship has permanently broken down
- your marriage is legally recognised in the UK (including same-sex marriage)
- the UK is your permanent home, or the permanent home of your husband or wife
You must decide whether you want to make a joint application with your husband or wife or whether you want to apply on your own.
It normally takes at least 6 months to get a divorce. This is the same for joint and sole applications.
You can make a joint application if both of the following apply:
- you both agree that you should get a divorce
- you’re not at risk of domestic abuse
You will need to decide if you want to apply online or by post. Your husband or wife needs to use the same application method.
You’ll both have to separately confirm that you want to continue with the divorce application at each stage of the process.
If your husband or wife stops responding, you’ll be able to continue with the divorce application as a sole applicant, see below.
If you want to apply for help with paying the divorce fee, both of you must be eligible to qualify.
To make a sole application if either of the following apply:
- your husband or wife does not agree you should get a divorce
- you do not think your husband or wife will cooperate or respond to notifications from the court
You will need to confirm you want to continue with the divorce application at each stage of the process.
You will need to provide
- your husband or wife’s full name and address
- your original marriage certificate or a certified copy
- proof of your name change if you’ve changed it since you got married – for example your marriage certificate or a deed poll
You must try to find your husband or wife’s current address if you do not know it. The court will need it to send them a copy of the divorce petition.
If you name the person your husband or wife committed adultery with, they’ll get copies of the paperwork.
You must pay a fee currently £612.00 to apply for a divorce. The way you pay depends on how you apply. Your fee will not be refunded after you are sent the notice that your application has been issued.
You may be able to get help with fees if you get benefits or are on a low income.
You can apply for a divorce online. You’ll need a debit or credit card to apply online.
If you were married outside of the UK
You can divorce in England and Wales if you were married abroad if:
- the marriage is legally recognised in that country, and
- recognised as valid under UK law, and
- you meet “habitual residence” or “domicile” criteria, and
- you have been married for at least one year.
You may need a certified translation of your marriage certificate.
Marriages contracted in any country are generally recognized for divorce in the UK, provided the marriage was legally valid under local laws and both parties had the capacity to marry. There is no official list of countries; recognition relies on meeting legal requirements, such as complying with local procedures and not being a “bare” talaq
If you ex-spouse does not respond to the‘acknowledgement of service’ notification.
You should contact your husband or wife and ask them to respond, if it is safe for you to do so. They can still respond after the deadline.
If they still fail to respond you can make an application to the court for ‘deemed’ or ‘dispensed’ service. You may need a solicitor to complete and submit the form(s) on your behalf
Deemed Service
A Deemed service application is where the respondent party has not responded to the Divorce petition through filing an Acknowledgment of Service. The petitioner can apply for a deemed application for a court order to prove the petition ‘deemed to have been served’. Evidence can be written
confirmation such as a letter, email, or text. If accepted, the Judge will deem that the Petition has been served to the respondent. You can make the application using form D11 with the court fee. You can find the current fee in leaflet EX50 Civil and Family Court Fees
Dispensed Service
A Dispensed service application is where all attempts to serve notice to the Respondent have failed. The petitioner can apply to the Court to have the service of the petition ‘Dispensed with’. The petitioner will need to demonstrate that they have made all reasonable attempts and enquiries to find the Respondent and serve the papers. you can make the application using a form D13B with the current fee. You can find the current fee in leaflet EX50 Civil and Family Court Fees
Financial Arrangements
When you divorce or end a civil partnership you and your ex-partner need to agree how to separate your finances.
You can usually avoid going to court hearings if you agree how to split your money and property.
To make your agreement legally binding you need to draft a consent order (or possibly a clean break order if you have limited assets) and ask a court to approve it.
If your agreement is not legally binding, a court cannot enforce it if there are any issues later.
A consent order is a legal document that confirms your agreement. It explains how you’re going to divide up assets like:
- pensions
- property
- savings
- investments
It can also include arrangements for maintenance payments, including child maintenance.
A clean break order makes it clear that neither person will make a financial claim against the other in the future. This also extends to wills and the ability to contest a will.
You can get legal advice or ask a solicitor to draft an application for these types of court order.
If you and your ex-partner cannot agree how to divide your finances you can ask a court to make a financial order (also known as the ‘contested’ route or an ‘ancillary relief order’).
This means the court will decide how assets will be split. Getting the court to decide usually takes longer and is more expensive than if you and your ex-partner agree.
You must attend a meeting about mediation before you can apply to the court to decide.
You can ask a court to make a financial order if you’ve started the paperwork to divorce or end your civil partnership.
It is usually more straightforward to divide money and property before you apply for the final legal document to end the relationship (decree absolute)
You can start your application for a financial order online
.All parents have a responsibility to support their child financially, child maintenance usually includes payment of regular amounts of money to the parent who cares for the child most of the time. Child maintenance can also include paying bills or buying items such as clothes and toys, as long as both parents agree.
If you cannot agree on child arrangements then you’ll need to apply for a court order before you go to court. You must show you’ve attended a meeting about mediation first – except in certain cases (there’s been domestic abuse, for example).
You may have to attend a court appointment and go to a number of court hearings.
Before the court makes a decision, it might ask you try mediation again or go on a course to help you resolve issues.
The type of court order you need depends on what you’ve been unable to agree on. You can apply for more than one court order.
A ‘child arrangements order’ decides:
- where your child lives
- when your child spends time with each parent
- when and what other types of contact take place (phone calls, for example)
‘Child arrangements orders’ replace ‘residence orders’ and ‘contact orders’. Parents with these orders do not need to re-apply.
A ‘specific issue order’ is used to look at a specific question about how the child is being brought up, for example:
- what school they go to
- if they should have a religious education
You can also apply for a ‘prohibited steps order’ to stop the other parent from making a decision about the child’s upbringing.
The child’s mother, father or anyone with parental responsibility can apply for a court order.
Last Updated on May 1, 2026 by Ashford Advice