Get a divorce
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1. Check you can get a divorce
You can get divorced in England or Wales if all of the following are true:
- you’ve been married for over a year
- your relationship has permanently broken down
- your marriage is legally recognised in the UK (including same-sex marriage)
This guide is also available in Welsh (Cymraeg).
If you are ending a civil relationship, read the guide for ending a civil partnership.
If you do not want a divorce, you can get a legal separation so you can live apart without ending the marriage. You might also be able to annul the marriage. You can apply for separation or annulment during your first year of marriage.
There is a different process if you want to get a divorce in Scotland or get a divorce in Northern Ireland.
2. Before you apply
You must decide whether you want to make a joint application with your husband or wife or whether you want to apply on your own.
It normally takes at least 7 months to get a divorce. This is the same for joint and sole applications.
Making a joint application with your husband or wife
You can make a joint application if both of the following apply:
- you both agree that you should get a divorce
- you’re not at risk of domestic abuse
You will need to decide if you want to apply online or by post. Your husband or wife needs to use the same application method.
You’ll both have to separately confirm that you want to continue with the divorce application at each stage of the process.
If your husband or wife stops responding, you’ll be able to continue with the divorce application as a sole applicant.
If you want to apply for help with paying the divorce fee, both of you must be eligible to qualify.
Applying for a divorce on your own
Make a sole application if either of the following apply:
- your husband or wife does not agree you should get a divorce
- you do not think your husband or wife will cooperate or respond to notifications from the court
You will need to confirm you want to continue with the divorce application at each stage of the process.
Arrangements for children, money and property
You and your husband or wife can choose to work out:
- arrangements for looking after any children
- child maintenance payments for any children
You can also divide your money and property.
You can usually avoid going to court hearings if you agree about children, money and property.
Get help or advice
You can get advice about legal paperwork and making arrangements from:
Find a legal adviser if you need legal advice.
If you’re married to more than one person
Contact the Divorce Service Centre if you’re married to more than one person (polygamy).
3. How to apply
To apply for a divorce you’ll need:
- yours and your husband or wife’s full name and address
- your original marriage certificate or a certified copy (and a certified translation if it’s not in English)
- proof of your name change if you’ve changed it since you got married - for example your marriage certificate or a deed poll
You will be asked for your husband or wife’s current address. This is so the court can send them a copy of the divorce application. Find out what to do if you do not know your husband or wife’s address.
If you give your husband or wife’s email address, the court will send the divorce papers to them online. If you do not give an email address the papers will be sent by post.
Fee
There’s a £593 fee to apply for a divorce. The way you pay depends on how you apply. Your fee will not be refunded after you are sent the notice that your divorce application has been issued.
If you need help paying the fee
You may be able to get help with fees if you get benefits or are on a low income. You can apply for this help online or with a paper form.
If you apply for the help online, you’ll get a reference number. Use that reference number when you apply for a divorce so you do not have to pay the fee upfront.
If you apply for the help with a paper form, you will not get a reference number. If you do not want to pay the fee upfront, apply for divorce by post and include your paper form with your divorce application.
A decision will then be made about your application for help with fees. Depending on what’s decided, you may be asked to pay some or all of the fee.
If you are making a joint divorce application and want help with paying the fee, you must both apply for help. If your husband or wife is not eligible or does not apply, you’ll have to pay the full fee.
Apply online or continue an existing application
You’ll need a debit or credit card to apply online.
Solicitors can apply online using a MyHMCTS account.
If you started an application before 6 April 2022
Sign in to continue an application started before 6 April 2022.
If you need help applying online
Who you contact depends on the type of help you need.
If you’re having technical issues or need guidance about how to apply
Courts and Tribunals Service Centre
Telephone: 0300 303 0642
Webchat
Monday to Friday, 10am to 6pm
Closed on bank holidays
Find out about call charges
If you do not have access to the internet or do not feel confident using it
We Are Group
support@wearegroup.com
Telephone: 03300 160 051
Monday to Friday, 9am to 5pm
Closed on bank holidays
Text FORM to 60777 and someone will call you back
Find out about call charges
Apply by post
Fill in a divorce application form D8 to start a divorce.
You can get help filling in the form at a Citizens Advice office.
Send a copy of the form to:
HMCTS Divorce and Dissolution service
PO Box 13226
Harlow
CM20 9UG
Keep your own copy of the form.
If you’re a Welsh speaker, you can apply by post using the divorce application form D8 (Welsh).
How to pay
You can either pay by:
- debit or credit card - HM Courts and Tribunals Service (HMCTS) will call or email you with details of how to pay
- cheque - made payable to ‘HM Courts and Tribunals Service’
4. What happens after you apply
What happens after you apply depends whether you applied for a divorce jointly with your husband or wife, or on your own.
If you applied jointly with your husband or wife
Your application will be checked. If it’s correct, you’ll both be sent:
- a notice that your application has been issued (sent out)
- a copy of your application stamped by HM Courts and Tribunals Service (HMCTS)
- an ‘acknowledge receipt’
- a case number
You need to wait 20 weeks after your divorce application has been issued by the court. After this time you and your husband or wife can continue with the divorce by applying for a conditional order.
If you applied as a sole applicant
Your application will be checked. If it’s correct, you’ll be sent:
- a notice that your application has been issued (sent out)
- a copy of your application stamped by HMCTS
- a case number
The court will send your husband or wife the divorce application and an ‘acknowledgement of service’ notification.
Your husband or wife must respond to the acknowledgement of service notification within 14 days saying whether they:
- agree with the divorce
- intend to dispute the divorce
If they agree with the divorce
You can continue with the divorce by applying for a conditional order (or a decree nisi if the court issued your divorce application before 6 April 2022). You’ll need to wait 20 weeks after your divorce application has been issued by the court before you can apply.
If they dispute the divorce
Your husband or wife will have to complete an ‘answer form’ to say why they disagree with the divorce.
Your husband or wife must have a genuine legal reason to dispute the divorce. They cannot dispute the divorce simply because they do not want a divorce or to delay the process. You may have to go to court to discuss the case.
If they do not submit an answer form, you can continue the divorce by applying for a conditional order (or a decree nisi if the court issued your divorce application before 6 April 2022).
If your husband or wife does not respond to the divorce
You should contact your husband or wife and ask them to respond, if it is safe for you to do so. They can still respond after the deadline.
If they still do not respond, the court will contact you and tell you what you can do.
5. Apply for a conditional order or decree nisi
A conditional order and decree nisi are documents that say that the court does not see any reason why you cannot divorce.
How to apply
How you apply depends on when the court issued your divorce application.
If the court issued your divorce application on or after 6 April 2022
You must wait 20 weeks after your divorce application has been issued by the court before you can apply for a conditional order.
If you applied for a divorce online, you’ll be told how to apply for a conditional order online.
To apply by post, fill in the application for a conditional order.
You can apply for a conditional order and continue with the divorce as a sole applicant, even if you started the divorce process jointly with your husband or wife.
Solicitors can apply online or manage a case using a MyHMCTS account.
If the court issued your divorce application before 6 April 2022
If you applied for a divorce online, you can apply for a decree nisi online.
To apply by post, fill in the application for a decree nisi.
You also need to fill in a statement confirming what you said in your divorce application is true. There are 5 statement forms - use the one that covers the reason you’ve given for your divorce.
Attach a copy of your husband’s or wife’s response to the divorce application.
After you apply
The court will review your application for a conditional order or decree nisi. This may take several weeks. If the judge agrees, the court will send you and your husband or wife a certificate.
The certificate will tell you the time and date you’ll be granted a conditional order or decree nisi. You will still be married after it has been granted.
You need to wait at least 43 days (6 weeks and 1 day) after it’s been granted before you can apply to finalise the divorce and end the marriage.
6. Finalise your divorce
To end your marriage you must apply for either:
- a final order
- a decree absolute - if the court issued your divorce application before 6 April 2022
You need to wait at least 43 days (6 weeks and 1 day) after the date of the conditional order or decree nisi before you can apply to end your marriage.
You can apply for a final order as a sole applicant, even if you started the divorce process jointly with your husband or wife.
Apply within 12 months of getting the conditional order or decree nisi - otherwise you will have to explain the delay to the court.
How to apply
How you apply depends on when the court issued your divorce application.
If you want a legally binding arrangement for dividing money and property you must apply to the court for this before you apply for a final order or decree absolute.
If the court issued your divorce application on or after 6 April 2022
If you applied for a divorce online, you’ll be told how to apply for a final order.
To apply by post, fill in an application for a final order.
Solicitors can apply online or manage a case using a MyHMCTS account.
If the court issued your divorce application before 6 April 2022
If you applied for a divorce online, you can apply for a decree absolute online.
To apply by post, fill in an application for a decree absolute.
After you apply
The court will check that:
- time limits have been met
- there are no other reasons not to grant the divorce
The court will send both of you copies of the final order or decree absolute.
If a solicitor is acting for you, the final order or decree absolute will be sent to them. You’ll need to ask them for a copy.
Once you get the final order or decree absolute, you are divorced, no longer married and free to marry again if you wish.
Keep the final order or decree absolute safe - you will need to show it if you remarry or to prove your marital status.
If you lose your final order or decree absolute, you can apply to the court for a copy.
If you applied as a sole applicant and you do not apply to finalise the divorce
Your husband or wife can apply if you do not. They’ll have to wait an extra 3 months to do this, on top of the standard 43 days.
7. If your husband or wife lacks mental capacity
You can apply for a divorce if your husband or wife ‘lacks mental capacity’ and cannot agree to a divorce or take part in the divorce case.
Your husband or wife will need someone to make decisions for them during the divorce. The person who acts on their behalf is called a ‘litigation friend’. It can be a family member, close friend or someone else who can represent them.
Your husband or wife does not have a litigation friend
If there’s no one suitable and willing to be their litigation friend, you can apply to the court to appoint a litigation friend.
The Official Solicitor may agree to act as your husband or wife’s litigation friend when there’s no one else to do this (‘litigation friend of last resort’).
How to apply
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Check there’s nobody else suitable or willing to act as your husband or wife’s litigation friend.
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Check that there’s money available for any costs the Official Solicitor has to pay. Your husband or wife may be able to get legal aid.
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Give the details of your husband or wife’s doctor or other medical professional to the court so it can ask for a certificate of capacity.
If the Official Solicitor agrees to act as litigation friend for your husband or wife, you’ll be able to file for divorce.
Contact the Official Solicitor’s staff
Email or call the private family law team if you have an enquiry about divorcing someone who lacks mental capacity. They cannot answer general questions about divorce.
Official Solicitor - private family law team
ospt.dsm@offsol.gsi.gov.uk
Telephone: 020 3681 2754
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