How do I start the divorce process?
You can apply for a divorce online or by post through the official government website. You’ll need to confirm that your marriage has irretrievably broken down. You can apply individually or jointly with your spouse.
Do I need to give a reason for the divorce?
No. Since April 2022, the law allows for a 'no-fault' divorce, meaning you don't have to assign blame or provide specific reasons. A simple statement that the marriage has broken down irretrievably is sufficient.
How long does a divorce take?
The process typically takes around 6 months, assuming there are no complications. This includes a mandatory 20-week reflection period between the application and the Conditional Order, followed by a 6-week waiting period before the final order can be granted.
How much does a divorce cost?
The court fee for filing a divorce application is £593. Additional costs may include legal fees if you choose to instruct a solicitor, and expenses related to resolving financial matters or child arrangements. You might be eligible for help with fees depending on your financial situation.
Do I need a solicitor to get divorced?
While it is possible to handle a divorce without legal representation, consulting a solicitor will enable you to ensure that your rights are protected, especially when dealing with financial settlements or child arrangements.
What happens to our finances after divorce?
It is important to reach a financial agreement to divide assets like property, savings, and pensions. This should be formalised through a financial order, known as a Financial Remedy Order, and approved by the court. Your financial settlement is then legally binding, and your former spouse cannot make any further financial claims against you in the future.
Decisions about child arrangements, including where the children will live and how much time they are to spend with each parent, can be agreed mutually or through mediation. If an agreement cannot be reached by a child’s parents, the court can make a decision based on the child’s best interests.
Can I get divorced if we've been married less than a year?
No. You must have been married for at least one year before you can apply for a divorce in England and Wales.
What if my spouse doesn't agree to the divorce?
Under the no-fault divorce system, your spouse's agreement is not required. Once you have stated that your marriage has broken down irretrievably, your divorce can proceed without their consent.
Will I have to go to court?
Most divorces are dealt with administratively, without the need for court appearances. However, if there are disputes over finances or child arrangements, you might need to attend court.
