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You can get divorced in England or Wales if all of the following are true:

• you鈥檝e been married for over a year
• your relationship has permanently broken down
• your marriage is legally recognised in the UK (including same-sex marriage)

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 or .

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鈥檙e 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鈥檒l 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鈥檒l 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 help or advice from:

• a legal adviser听

• a divorce service provider

If you鈥檙e married to more than one person

Contact the if you鈥檙e married to more than one person (polygamy).

To apply for a divorce you鈥檒l need:

• yours and your husband or wife鈥檚 full name and address
• your original marriage certificate or a certified copy (and a certified translation if it鈥檚 not in English)
• proof of your name change if you鈥檝e changed it since you got married - for example your marriage certificate or a deed poll

You will be asked for your husband or wife鈥檚 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鈥檚 address.

If you give your husband or wife鈥檚 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鈥檚 a 拢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鈥檒l 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鈥檚 decided, you may be asked to pay some or all of the fee.

Apply online or continue an existing application

You鈥檒l need a debit or credit card to apply online.

If you started an application before 6 April 2022

.

If you need help applying online

Who you contact depends on the type of help you need.

If you鈥檙e having technical issues or need guidance about how to apply

If you do not have access to the internet or do not feel confident using it

Apply by post

Fill in a divorce application form D8 to start a divorce.

Send a copy of the form to:

Keep your own copy of the form.

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 鈥楬M Courts and Tribunals Service鈥�

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鈥檚 correct, you鈥檒l 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 鈥榓cknowledge receipt鈥�
• 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鈥檚 correct, you鈥檒l 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 鈥榓cknowledgement of service鈥� 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鈥檒l 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 鈥榓nswer form鈥� 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.

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鈥檒l 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.

If the court issued your divorce application before 6 April 2022

If you applied for a divorce online, you can .

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鈥檝e given for your divorce.

Attach a copy of your husband鈥檚 or wife鈥檚 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鈥檒l 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鈥檚 been granted before you can apply to finalise the divorce and end the marriage.

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.

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鈥檒l be told how to apply for a final order.

To apply by post, fill in an application for a final order.

If the court issued your divorce application before 6 April 2022

If you applied for a divorce online, you can .

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鈥檒l 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.

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鈥檒l have to wait an extra 3 months to do this, on top of the standard 43 days.

You can apply for a divorce if your husband or wife 鈥榣acks mental capacity鈥� 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 鈥�litigation friend鈥�. 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鈥檚 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鈥檚 litigation friend when there鈥檚 no one else to do this (鈥榣itigation friend of last resort鈥�).

How to apply

1. Check there鈥檚 nobody else suitable or willing to act as your husband or wife鈥檚 litigation friend.

2. Check that there鈥檚 money available for any costs the Official Solicitor has to pay. Your husband or wife may be able to get legal aid.

3. Give the details of your husband or wife鈥檚 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鈥檒l be able to file for divorce.

Contact the Official Solicitor鈥檚 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.