The rules around divorce were simplified in 2022. You now no longer have to blame your husband or wife, nor prove that anyone did anything wrong. Instead, you simply need to confirm that the marriage has broken down for good, and the court takes you at your word.
That is what people mean by no-fault divorce.
This guide walks you through how it works: what you need to apply, how long it takes, and what it costs.
Written by Yi Ling Lio, Private Client Paralegal
Can you apply?
You can apply for a divorce in England and Wales if all of the following are true.
- You have been married for at least one year.
- Your relationship has irretrievably broken down.
- You or your spouse is domiciled or habitually resident in England or Wales.
It does not matter where in the world you got married. As long as the marriage is legally valid in the country where it took place, the courts here will recognise it.
The six stages of divorce
If you and your spouse both cooperate, the process is fairly predictable. These are the stages you must go through.
| 1 | Submit the application
We prepare and file your divorce application with the court. You can apply on your own or jointly with your spouse. |
Week 0 |
| 2 | The court issues it and notifies your spouse
The court sends a copy to your spouse, who confirms they have received it. This is called the acknowledgement of service. |
Weeks 1 to 4 |
| 3 | The 20-week reflection period
A fixed 20-week wait begins. It runs from the date the application is issued, not from the acknowledgement, so it overlaps with the earlier stages. This would be the time to sort out finances and arrangements for any children before anything is finalised. |
Weeks 4 to 24 |
| 4 | Apply for the Conditional Order
After the 20 weeks, we confirm to the court that you still wish to proceed and apply for the Conditional Order. The court reviews the application and, once satisfied, grants it. This is the court’s own decision that you are entitled to the divorce. |
Around week 24 |
| 5 | The six-week wait
A further six-week period runs from the date the Conditional Order is granted. Only once it has passed can you apply for the Final Order. |
6 weeks |
| 6 | Apply for and receive the Final Order
We apply for the Final Order. The court usually grants it within a day or two, and this is the point at which your marriage legally ends. |
Around week 30 |
How long does a divorce take?
Start to finish, a straightforward divorce usually takes around 10 to 12 months. The 20-week reflection period is fixed by law, so even the smoothest case cannot move faster than that. Court processing times, whether you apply jointly or alone, and how quickly your spouse responds can all shift the timeline.
The divorce only ends the marriage. Finances and arrangements for any children are separate matters, and they are where most of the negotiation happens. If those cannot be agreed, the case can stretch to two years.
What you will need to get started
| Your marriage certificate | The original, or a certified copy. If it is not in English, it will need a certified translation. |
| Your details | Full legal name, current address and contact details. |
| Your spouse’s details | Full name and an address where they can be reached. This can be an email address if they agree to it. |
| If you married abroad | The marriage must be valid in the country where it took place. That is usually enough for the UK courts. |
| One year of marriage | You need to have been married for at least a year before you can apply. |
| A UK connection | You or your spouse must live here or treat England or Wales as your permanent home. |
What if things are not straightforward?
Your spouse does not want to divorce
They cannot stop it. Under the no-fault system, a divorce can only be challenged in very specific situations, for example if the court does not have the authority to deal with it. Simply refusing to agree is not one of them. The court does need, however, proof your spouse knows the divorce is happening, which is why they are asked to acknowledge the application.
Your spouse ignores the application
If they will not respond, we can arrange for a professional process server to hand the papers to them in person. Once we have proof they were served, we ask the court to confirm service and let the divorce carry on. Our fee for this step is £600 plus VAT, and the process server charges separately.
You cannot find your spouse
A divorce is still possible, but the court will want to see that you made reasonable efforts to locate them. If you believe they are still in the UK, it is often worth instructing a private investigator before you apply. If they still cannot be found, the court can allow the papers to be served another way, or in some cases dispense with service altogether, so the divorce can still go ahead.
Your marriage certificate is missing
If you married in England or Wales, you can order a replacement online from the General Register Office. If you married abroad, you will need to contact the marriage registry in that country for a certified copy. In most cases the divorce cannot proceed without it.
What it costs
Our fee for an uncontested divorce is fixed. It assumes you both agree to the divorce, there is no dispute over children or property, and your spouse does not hold things up.
| Our legal fee for an uncontested divorce | £750 + VAT |
| Court fee (paid to the court, in advance) | £628 |
| Service where your spouse will not respond (our fee only; the process server charges separately) | £600 + VAT |
These figures cover the divorce only. Any work on your finances or child arrangements is charged separately, and we will always talk that through with you first. If your marriage certificate is not in English, a certified translation will be needed and is an additional cost.
A few questions we hear often
Does it matter who applies first?
For the divorce itself, no. There is no advantage to being the applicant, and being the respondent does not put you at a disadvantage. You can also apply jointly if you are on good terms.
Do we have to go to court?
For most divorces, no. The whole process is handled online and on paper. You would usually only end up in front of a judge if there is a dispute over finances or children that cannot be resolved any other way.
Should I sort out the money before the Final Order?
Usually, yes. It is often wise to have a financial order in place before the marriage formally ends, because ending the marriage can affect certain rights, such as those tied to pensions. There is also what is sometimes called the remarriage trap. If you remarry before a financial order is in place, you can lose the right to make certain financial claims against your former spouse. We can advise you on the right timing for your situation.
Speak to us
If any of this raises questions about your situation, get in touch and we’ll talk it through before you decide what to do next.
You can also find out more about our family law service here.
Have questions? Get in touch today!
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