Family law

How to actually start filing for divorce

This post is for general information only and isn't legal advice. Family law is fact-specific — if you're dealing with a real situation, please speak to a qualified, regulated solicitor.

Since the no-fault divorce reforms came into force in April 2022, getting a divorce in England and Wales no longer means proving your spouse did something wrong. Here's the process in plain English.

1. Check you're eligible

You can apply for a divorce if you've been married for at least one year and your marriage is legally recognised in England and Wales. Civil partners follow a near-identical process to end a civil partnership.

2. Decide: sole or joint application

You can apply on your own (a "sole application") or together with your spouse (a "joint application"). A joint application can feel less adversarial, but either route leads to the same outcome.

3. Apply online

Applications are made through the government's online service. You'll need to confirm the marriage has broken down irretrievably — that's the only ground needed now, no need to give a reason or evidence of fault.

4. The 20-week reflection period

Once the application is issued, there's a mandatory 20-week wait before you can apply for a conditional order (this used to be called "decree nisi"). It's built in as a cooling-off period, and it's also a good window to start sorting out finances and, if relevant, arrangements for children.

5. Conditional order, then final order

After the conditional order, there's a further wait of at least six weeks before you can apply for the final order (previously "decree absolute"), which legally ends the marriage.

A note on money and children

Getting divorced doesn't automatically resolve finances or living arrangements for children — those are separate legal processes. It's worth taking financial and, where needed, family advice early, ideally before you apply.

Court fees and exact online forms change from time to time, so always check the current process and costs on GOV.UK before you start.

This post walks through the general process only — every situation is different, and if you're going through this yourself, it's worth speaking to a solicitor about your specific circumstances.

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