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A Guide to Getting Divorced in England and Wales

Summary

  • Divorce law in England and Wales has changed – the no-fault system means couples no longer need to assign blame
  • Eligibility depends on the 12-month rule and jurisdiction; you must have been married for at least one year and have a recognised connection to England or Wales
  • The process includes several key steps, filing a D8 form, serving papers, waiting through a 20-week reflection period, and finalising the divorce with a Final Order
  • Financial and child arrangements must be considered, and settlements must be fair, with the factors listed in Section 25 of the Matrimonial Causes Act 1973 taken into account
  • Avoid common mistakes, such as failing to sort finances before applying for the Final Order or forgetting key documents

Divorce is never easy. Even when the decision is mutual, the experience often brings grief, stress, and the overwhelming pressure of getting the process right. If you are unsure where to begin, you’re not alone. This guide provides step-by-step guidance for those considering or beginning the divorce process in England and Wales.

Eligibility and Preparation

To begin a divorce in England and Wales, you must have been married for at least 12 months. You or your spouse must also have a sufficient connection to England or Wales. This may include being domiciled or habitually resident in either country.
If you were married abroad, the marriage must be legally recognised here for your England and Wales divorce application in 2025 to proceed.
Before filing, it’s worth checking:

  • Whether your marriage is recognised under English law
  • That you can access a valid marriage certificate
  • That you meet the jurisdiction rules
    Legal advice from a Divorce Solicitor can help with complex eligibility questions, particularly for international couples.

Step-by-Step Process for Getting a Divorce in England and Wales

Initial Considerations and Support

Divorce is more than a legal process. Counselling, relationship support, or mediation can help clarify whether separation is the right next step, and how best to manage it if it is. Some people also seek help from financial advisors or parenting coordinators to plan ahead.

Filing the Application

To begin the process, you must complete a D8 form, which your Family Law Solicitor can help you with. You will need:

  • Your original or certified marriage certificate
  • Proof of name change if your name has changed since marriage
  • The court fee of £612 (as of 2025)
    You can apply as a sole applicant or jointly with your spouse.

Serving Papers

Once submitted, the court serves the divorce application to your spouse. A 20-week reflection period begins after the application is issued. This gives couples time to reflect and consider whether they still wish to end the marriage. It is also the time when financial and parenting arrangements should be made.

Arrangements for Children, Money, and Property

During the reflection period, couples are expected to resolve matters such as:

  • Who the children will live with and how often they will see each parent
  • How the family home and other assets will be divided (Financial agreements should ideally be formalised in a consent order, approved by the court, to make them legally binding)
  • Spousal and child maintenance

Conditional and Final Orders

Once the 20-week period has passed and arrangements are in place, you may apply for a Conditional Order (previously known as the Decree Nisi). This is confirmation that the court sees no reason the divorce cannot go ahead.


After another six weeks, you may apply for the Final Order (previously the Decree Absolute). This legally ends your marriage and restores your status as a single person meaning you can remarry.

After the Divorce

Following a divorce, there are important practical matters to deal with. These may include:

  • Informing HMRC, your bank, and your employer of your new status
  • Updating your Will and financial arrangements
  • Managing ongoing parenting or financial obligations

Common Pitfalls and How to Avoid Them

Even straightforward divorces can hit stumbling blocks. Common mistakes include:

  • Forgetting to include key documents such as the marriage certificate
  • Refusing to negotiate or mediate contentious issues, especially around finances and children – this can lead to your divorce taking longer and costing a lot more
  • Believing that divorce alone ends financial obligations, you need a formal Consent Order
  • Missing deadlines or not checking the online portal for updates
  • Not updating legal documents such as your Will or pension nomination

The key to avoiding these downsides is to engage an experienced Divorce Law Solicitor before you begin the process.

Concluding comments

Divorce is a major life event and sadly it is often painful and messy. But it can also mark a turning point, a space to rebuild, reset, and regain control. If you are contemplating divorce or are already partway through the process, take heart. Help is available, and if both parties are open to resolving matters through non-court dispute resolution methods such as mediation, you can end your marriage with peace and dignity.

Frequently Asked Questions

Can I get divorced in England and Wales if I got married abroad?
Yes, as long as your marriage is legally recognised here and you or your spouse have a connection to England or Wales, i.e. you are habitually resident or England and Wales is your country of domicile.

How long does the divorce process take in 2025?
Typically around 7 to 8 months, including the mandatory 20-week reflection period. However, the recent backlog in the Family Courts means the process can take longer.

Do I need a solicitor to file for divorce online in the UK?
No, but legal advice is recommended for financial settlements and child arrangements.

What is the significance of the White v White case?
It established that both financial and non-financial contributions (such as childcare) should be valued equally when dividing matrimonial property and assets.

What happens if we get a Consent Order?
Without a formal Consent Order, either party can make claims in the future, even years after the divorce. If you have any questions regarding this article, please call our office today on 02476 231000 or email enquiries@askewslegal.co