Filing for divorce in England and Wales can feel overwhelming when you’re already dealing with the emotional weight of a relationship breakdown. Understanding what to do, how the process works, and what it will cost can make a difficult situation feel more manageable. If you’re thinking about separating, this guide explains how to file for divorce in England and Wales, what to expect at each stage, and how our team at Judge Law can support you throughout the process.
Eligibility to File for Divorce
You can file for divorce if:
• You have been legally married for at least one year
• Your marriage is recognised in the UK
• England or Wales is your permanent home or the centre of your life
You do not need to prove fault. Under the no-fault divorce law introduced in April 2022, you only need to confirm that the marriage has broken down irretrievably.
The no-fault system has transformed how couples approach divorce, removing the need to assign blame and allowing you to focus on practical arrangements rather than legal conflict.
For more on the legal framework and how we assist, see our Divorce & Family Law page.
Preparing Before You File
Before you begin the online application, it helps to gather essential information. This includes:
• Your marriage certificate
• The correct spelling of both partners’ names
• An address for your spouse so the court can serve the application
• Basic details about any children under 18
• Your Government Gateway login details
If your marriage certificate is not in English, you will need a certified translation. If you cannot find your marriage certificate, you can request a replacement from the General Register Office.
How to File for Divorce in England & Wales: Step-by-Step
Step 1: Choose Your Application Type
You can apply as a sole applicant or jointly with your spouse. Joint applications are faster and more straightforward, eliminating the need for service of papers and acknowledgment procedures. Sole applications take longer as they involve additional steps.
Step 2: Start the Application Online
You file for divorce through the official online service at gov.uk/apply-for-divorce. You will be asked to upload your marriage certificate and provide personal details for both parties.
The online system handles 97% of all divorce applications and has made the process significantly more efficient than the previous paper-based system.
Step 3: Pay the Court Fee
The current court fee to file for divorce is £593. If you are on a low income or receive certain benefits, you may be eligible for help with fees through the government’s fee remission scheme.
Step 4: The Court Issues the Application
Once submitted, the court reviews your application. For sole applications, the court sends a copy to your spouse, who must acknowledge it within 14 days. If they do not respond, you can ask the court to continue the application without their acknowledgement.
Importantly, your spouse cannot contest the divorce simply because they disagree with it. They can only challenge the application on limited grounds such as jurisdictional issues or if the marriage is invalid.
Step 5: The Reflection Period
There is a mandatory 20-week reflection period designed to give both parties time to consider their decision and make practical arrangements. During this time, you should:
• Begin financial negotiations
• Prepare a financial consent order
• Agree child arrangements
• Seek legal advice to protect your interests
This period applies to both joint and sole applications and cannot be shortened under any circumstances.
Step 6: Apply for the Conditional Order
After the 20-week period, you can apply for a Conditional Order. This confirms that the court agrees you can divorce. The court usually grants it without a hearing, typically within 4-5 weeks.
Step 7: Apply for the Final Order
Six weeks and one day after the Conditional Order is granted, you can apply for the Final Order. This legally ends the marriage and you become officially divorced.
Important: You must secure a financial order before applying for the Final Order. Without it, your financial rights remain open and unresolved, which could cause significant problems later.
For detailed guidance on pension, property, or children-related matters, see our Understanding the Divorce Process article.
How Much Does It Cost to File for Divorce?
Filing the divorce application costs £593. Your overall costs depend on whether you need legal support. A simple divorce with agreed finances will be more affordable than one involving disputes about property, pensions, or children.
Financial orders have separate legal fees that vary depending on complexity. While 80% of couples now handle straightforward divorces without solicitors, complex cases involving significant assets or disputed arrangements benefit from professional legal advice.
How Long Does It Take to File for Divorce?
A straightforward divorce typically takes around 6-8 months. It cannot be completed faster because the court-mandated reflection period and waiting times cannot be shortened.
The timeline breakdown is:
• Application processing: 2-4 weeks
• Reflection period: 20 weeks
• Conditional Order: 4-5 weeks
• Waiting period: 6 weeks
• Final Order: 1-2 weeks
Joint applications typically complete faster than sole applications, averaging around 43 weeks compared to 50 weeks for sole applications.
What Is the Quickest Way to Get a Divorce?
The quickest way is to avoid unnecessary disputes and delays. This means:
• Filing the application correctly the first time
• Responding promptly to court notifications
• Reaching agreement on finances early
• Using joint applications where possible
• Getting professional legal support to avoid mistakes
Online “quick divorce” services often advertise unrealistic timeframes. The legal minimum timelines still apply regardless of which service you use.
Do You Need a Solicitor to File for Divorce?
No, but legal advice is strongly recommended, particularly for financial arrangements. The divorce application itself is straightforward thanks to the online system. The financial arrangements are not. These decisions affect:
• Property rights and division
• Pension sharing
• Ongoing income and maintenance
• Long-term financial security
• Arrangements for children
A solicitor ensures your rights are protected and your financial future is secured. Even if you handle the divorce application yourself, professional advice on financial settlements can prevent costly mistakes.
Important Considerations
Financial Orders: These must be completed before your Final Order. Without a financial order, your financial claims against each other remain open indefinitely, even after divorce.
Child Arrangements: These are dealt with separately from the divorce. You may need a Child Arrangement Order if you cannot agree on where children will live or how much time they spend with each parent.
International Elements: Different rules apply if you or your spouse live abroad or have assets overseas. EU regulations no longer apply to UK divorces post-Brexit.
When to Seek Legal Help
Consider professional legal advice if:
• You have significant assets or debts
• You own property together
• You have pension rights to consider
• You cannot agree on child arrangements
• Your spouse is not cooperating
• There are international elements to your case
At Judge Law, we understand that every family situation is unique. Our experienced family law team provides clear, practical advice tailored to your circumstances.
Next Steps
If you’re thinking about filing for divorce, early legal advice can prevent costly mistakes and protect your financial position. The no-fault system has made divorce less adversarial, but the financial and practical arrangements still require careful consideration.
At Judge Law, your story matters. Our team is here to guide you through the process with clarity, care, and practical support. We can help with everything from initial advice to complete representation throughout your divorce proceedings.
Contact our family law team today to discuss your situation in confidence. Call us on 01753 770 775 or contact us to arrange a consultation.
Frequently Asked Questions
What is the first thing to do if you want a divorce?
The first step is to check your eligibility and gather key documents such as your marriage certificate. It’s also sensible to get early legal advice to understand your rights, particularly regarding financial arrangements.
How much does it cost to file for divorce in England & Wales?
The court fee is £593. Other costs depend on whether you need legal support or financial orders. Fee remission may be available if you’re on a low income.
Can I file for divorce without my spouse’s agreement?
Yes. Under the no-fault system, the divorce can continue even if one party does not respond or disagrees. Your spouse cannot contest the divorce simply because they don’t want it.
How long does it take to file for divorce?
Most divorces take 6-8 months due to the mandatory reflection period and waiting times. Joint applications are typically faster than sole applications.
Can we file together as a joint application?
Yes. Joint applications are encouraged where both parties agree to divorce. They’re faster and more straightforward than sole applications.
Do I need to sort out finances before the divorce is finalised?
Yes. A financial order should be completed before applying for the Final Order. Without it, your financial rights remain unresolved.
What happens if my spouse will not respond?
You can ask the court to progress the divorce without their response. Non-response doesn’t prevent the divorce from proceeding.
Do I need a solicitor to file for divorce?
No, but legal advice ensures your rights are protected, especially when dealing with financial matters and child arrangements. Professional guidance can prevent costly mistakes.
