How to get a divorce in England and Wales: the complete 2026 guide to the no-fault process, costs, and what happens to finances and children.
The divorce itself takes a minimum of 26 weeks and costs £612 in court fees. The average in 2026, due to court backlogs, is 44 weeks. This guide explains every stage: what you do, what the court does, and when. Finances and children are dealt with separately and are covered at the end of this guide.
Since April 2022, divorce in England and Wales has operated under the no-fault system introduced by the Divorce, Dissolution and Separation Act 2020. You no longer need to prove that your spouse did anything wrong. You no longer need to have lived apart for years. You state that the marriage has irretrievably broken down, and the process begins. Over 97% of divorce applications are now filed online. If you are still weighing up whether to apply, you may find how a marriage breaks down before divorce useful reading.
This guide is written for people in England and Wales who have decided to divorce and want to understand exactly what happens at each stage: what they need to do, what the court does, how long each stage takes, and what the critical decisions are along the way. It covers the divorce procedure itself, the financial settlement, and children’s arrangements, because these are three separate legal processes that run in parallel and interact with each other.
Eligibility — Can You Apply?
Three conditions must all be met before you can apply for divorce in England and Wales:
You have been married for at least 12 months
The earliest you can apply is the day after your first wedding anniversary. If you married abroad, the marriage must be legally recognised in the UK.
The marriage has irretrievably broken down
This is the only ground for divorce. You state it in the application. You do not need to explain why or prove it. No one judges whether the breakdown is genuine.
The courts of England and Wales have jurisdiction
At least one spouse must be domiciled in England or Wales, or have been habitually resident here for at least 12 months immediately before the application.
Visa holders: read this before applying
If you are in the UK on a visa that depends on your marriage (a spouse visa, a dependant visa), the final divorce order ends your entitlement to remain under that visa. You will need to consider your immigration position before or alongside the divorce process. Seek advice on this early. See our guide on immigration status and legal proceedings for related context.
The Application — Sole or Joint?
One of the first decisions is whether to apply alone (a sole application) or together with your spouse (a joint application). The legal outcome is identical: the marriage ends the same way. The difference is procedural.
Sole application
- You apply alone as the applicant
- Court serves papers on your spouse
- Spouse has 14 days to acknowledge
- You control the timing of next steps
- Better where communication is difficult
- Average timeline: 50 weeks
Joint application
- Both apply together
- No service step required
- Both must confirm to proceed at each stage
- Sets a cooperative tone from the start
- Better where relationship is amicable
- Average timeline: 43 weeks
You can start as a joint application and switch to a sole application later, but not before 20 weeks from the issue date. You cannot switch the other way. If you are not confident your spouse will cooperate throughout, a sole application gives you more control.
The application is submitted online at apply-divorce.service.gov.uk. You will need your original marriage certificate or a certified copy. The court fee of £612 is paid at the time of submission. Fee remission is available if you are on a low income or qualifying benefits. Check Help with Fees before paying. The other expenses are broken down in the overall cost of a divorce.
Need advice on your divorce?
Speak to Shella Makwana about the divorce itself, the finances, or arrangements for your children. Fixed-fee options are available.
The Timeline — Stage by Stage
Finances — The Separate Process You Cannot Ignore
The divorce itself ends the marriage. It does not divide the assets. Financial matters (who keeps the house, how pensions are split, whether maintenance is paid) are governed by the Matrimonial Causes Act 1973 and require a separate legal process. This is the area where most people need legal advice, and where the stakes are highest.
The consent order is a document setting out how you and your spouse have agreed to divide your finances. Once agreed, it is submitted to the court for a judge to approve. When approved it becomes a legally binding court order. It severs the financial relationship permanently: the clean break. Without a consent order, either party can make further financial claims against the other at any point in the future, even years after the divorce.
If you cannot agree, either party can apply for a Financial Remedy Order by filing a Form A with the court. This starts formal financial proceedings: the First Appointment, the Financial Dispute Resolution hearing, and if necessary a Final Hearing where a judge decides. This process takes 9-18 months and costs significantly more than a negotiated settlement.
For the full picture on what a court considers when dividing assets (the section 25 factors, the equal sharing principle from White v White [2000] UKHL 54, pension division, and the Mesher order), see our divorce solicitors main guide and our page on contested divorce financial remedy proceedings.
The most common and costly mistake in DIY divorce
Applying for and obtaining the final order without resolving finances and without a consent order in place. The divorce completes. Then, years later, the former spouse makes a financial claim against a property acquired after the divorce, against a pension, against an inheritance. Without a consent order, that claim is legally open. The cost of defending it far exceeds the cost of a consent order at the time of divorce.
Children — Another Separate Process
Child arrangements (where children live, how often they see each parent, which school they attend, who makes decisions about their upbringing) are dealt with entirely separately from the divorce. Most parents reach agreement between themselves, with or without solicitor assistance. The court does not need to approve child arrangements in most cases.
Where agreement cannot be reached, either parent can apply for a Child Arrangement Order under the Children Act 1989. Before applying, a Mediation Information and Assessment Meeting (MIAM) is required in most cases. The court’s only consideration is the welfare of the child, under the section 1 welfare checklist from the Children Act 1989.
For the full procedural guide to contested child arrangements (CAFCASS reports, PD12J where domestic abuse is alleged, and what happens at each court hearing), see our child arrangement cases guide.
Costs — What You Will Actually Pay
| Item | Cost |
|---|---|
| Divorce application: court fee | £612 |
| DIY divorce: no solicitor, no financial assets | £612 total |
| Solicitor-assisted uncontested divorce (paperwork only) | £750 — £1,200 |
| Consent order: agreed financial settlement | £1,200 — £2,000 |
| Mediated settlement with consent order | £1,500 to £3,000 per person |
| Contested financial remedy: final hearing | £15,000 to £50,000+ per person |
Fee remission is available for the court fee where you are on a low income or qualifying benefits. Apply via Help with Fees (Form EX160) before paying the £612. Legal Aid for the divorce procedure itself is not generally available, but Legal Aid for domestic abuse injunctions and, in limited cases, financial proceedings is available. Speak to us about eligibility.
Frequently Asked Questions
Can my spouse stop the divorce?
No. Under the no-fault system, one party’s statement that the marriage has irretrievably broken down is sufficient. Your spouse cannot dispute this. They can only raise a jurisdictional challenge (arguing the courts of England and Wales have no authority over the case), which is rarely viable where you both live here. If they do not want the divorce, they cannot prevent it.
Do I need a solicitor to get divorced?
Not for the divorce procedure itself: the online portal is straightforward for most applicants. You need legal advice for the financial settlement and child arrangements, particularly where there are significant assets (including pensions), a business, or a dispute. The consent order, which protects you from future financial claims, requires legal drafting to be approved by the court.
What happens to the house?
The house is not dealt with by the divorce procedure; it is dealt with in the financial settlement. Options include: sale with proceeds divided between you, transfer to one party (usually the primary carer of children), or a Mesher order deferring sale until children reach 18. Without a consent order, the house remains a potential subject of future financial claims even after the divorce.
Can I speed up the process?
No. The mandatory periods (20 weeks from issue, then 6 weeks and 1 day from the conditional order) cannot be shortened by any means. Paying a premium solicitor does not accelerate the court’s timetable. What solicitors can do is make sure the paperwork is correct and submitted without delays at each stage, avoiding the administrative hold-ups that push the average from 26 weeks to 44 weeks.
What if my spouse does not acknowledge the divorce papers?
If your spouse does not respond within 14 days, you can apply to the court for deemed service (the court accepts that service has been effected) or for a process server to personally serve the papers. In exceptional circumstances where your spouse cannot be located, the court can grant dispensed service, allowing the process to proceed without acknowledgement. These steps add time but do not ultimately prevent the divorce.
We have agreed everything — do we still need a solicitor?
For the consent order, yes. The court will not approve a consent order drafted by the parties without legal input. It needs to be in the correct format, cover all assets and future claims, and include a clean break provision where appropriate. A solicitor-drafted consent order is not expensive relative to the protection it provides, and the consequences of getting it wrong are significant.
Ready to start, or not sure where you are in the process?
Shella Makwana advises on divorce, financial settlements, and children’s arrangements. Fixed-fee initial consultation. Legal Aid where eligible.
Further Reading
- Divorce Solicitors: Main Guide (financial settlement, children, domestic abuse)
- Contested Divorce: Financial Remedy and Child Arrangements
- What Is a Non-Working Spouse Entitled to in a Divorce?
- My Husband Is Hiding Money in Divorce
- How Much Does a Divorce Cost in the UK?
- Child Arrangement Cases: Court Procedures
- Non-Molestation Orders: DBS and Career Impact
- Legal Aid Eligibility Calculator
External Resources
- Apply for a Divorce Online (GOV.UK)
- Help with Court Fees (fee remission), GOV.UK
- Divorce, Dissolution and Separation Act 2020
- Matrimonial Causes Act 1973
- Getting a Divorce (Citizens Advice)
Written and approved by Shella Makwana, Principal Solicitor | 25+ years’ experience | SRA Regulated (No: 651072) | Makwana Solicitors Limited, Devonshire House, 582 Honeypot Lane, Stanmore, HA7 1JS | Page last updated June 2026
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