How to File For Divorce in England & Wales
Many people ask our family law experts how to file for divorce in the UK – The good news fortunately is that the divorce procedure in England & Wales is fairly straightforward as filing for divorce is mainly a paperwork filing process.
To file divorce papers, you’ll need to do the following:
- File a D8 Divorce Petition Form
- Provide the original marriage certificate or a certified translated version if it’s not written in English
- Provide proof of your name change if it’s changed since you got married – for example your marriage certificate or a legal deed poll document
- Pay the court fees – A payment of £593 is required to apply for a divorce
The filing of the divorce petition form D8 means you are formally asking the court for permission to divorce.
Can I get a quick divorce in UK?
Yes, the filing of your divorce petition in England or Wales is possible without you needing to instruct any divorce solicitors, provided you can answer YES to the following questions:
- Have you been married for a year or longer
- Do you permanently live in England or Wales or are you domiciled in England or Wales if you live abroad
- Is your marriage legally recognised in the UK – including same-sex marriage
- Has your relationship permanently broken down
You can file for divorce in only minutes if you do it yourself or use one of the Divorce-Online services.
Before you file for divorce
Firstly please note – If you are ending a civil relationship, though very similar the process is slightly different, read this guide: How to End a Civil Partnership – the process is also different if you want to get divorced in Scotland or Northern Ireland.
A new divorce law came into legal force in England and Wales on 6 April 2022. One significant change is that filing for divorce no longer has to be initiated by one partner alone. A couple can now make a joint application to file for divorce.
Consequently, the first decision you need to make is whether you want to make a joint application with your spouse or apply on your own. You should also know it will now take a minimum of 6 months to get a divorce, and it’s the same length of time for joint and sole applications.
Making a joint application with your Spouse
You can make a joint application to file for divorce if both of the following apply:
- you both agree that you should get a divorce
- you’re not at risk of domestic abuse
You can apply online or by post and your spouse must do the same. Whichever method you choose you will 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 can still continue the application as a sole applicant.
Making a sole application
You can still 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.
What are the five stages of divorce?
Since the new divorce law came into force for England and Wales in April 2022 there are 5 stages of divorce which need to be followed in strict order to obtain a divorce. Our clients often ask us what they need to do to get a divorce from their spouse, so our specialist divorce advisors have defined what are the 5 stages of divorce and exactly what is required at each key stage.
The 5 key stages of the new no-fault divorce process are as follows:
- The petition – the divorce application
- The Response – after you file for divorce
- Apply for a conditional order
- Conditional order – after you apply
- Pronouncement of final order – finalise your divorce
1. The petition – the divorce application
To file divorce papers, you’ll need to do the following:
- File a D8 Divorce Petition Form
- Provide the original marriage certificate or a certified translated version if it’s not written in English
- Provide proof of your name change if it’s changed since you got married – for example your marriage certificate or a legal deed poll document
- Pay court fees – A payment of £593 is required to apply for a divorce
The filing of the divorce petition form D8 means you are formally asking the court for permission to divorce.
Your fee will not be refunded after you are sent the notice that your divorce application has been issued.
Please note, You also need to provide the court with both yours and your husband or wife’s full name and address. You must try to find your husband or wife’s current address if you do not know it because the court will need to send them a copy of the divorce application.
If you provide your husband or wife’s email address, the court will send the divorce papers to them via email. If you do not provide an email address the papers will be sent by post.
See: Getting divorced without an address for your husband or wife
2. The Response – after you file for divorce
What happens after you file for divorce depends on whether you applied jointly 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 Her Majesty’s Courts and Tribunals Service (HMCTS)
- An ‘acknowledge receipt’
- A case number
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 (known as the Respondent) the divorce application and an ‘Acknowledgement of Service’ notification.
They must respond to the notification within 14 days saying whether they agree with the divorce or intend to dispute the divorce.
If they agree with the divorce
You can continue with the divorce by applying for a Conditional Order (previously called decree nisi) after a 20 weeks ‘cooling off period’.
If they dispute the divorce
Your husband or wife will have to complete an ‘answer form’ to say why they disagree with the divorce.
They must have a genuine legal reason to dispute the divorce. They cannot simply dispute the petition because they do not want to get divorced or to delay the process.
If your husband or wife does not respond by submitting the answer form, the court will tell you. This article describes what happens if spouse doesn’t sign divorce papers and what steps you need to take to get divorced.
3. Apply for a conditional order
A conditional order (previously called decree nisi – the first decree in divorce proceedings) is a document that confirms that the court does not see any reason why you cannot divorce.
There is now a minimum waiting period of 20 weeks (referred to as a reflection period) from when your divorce application has been issued at the start of divorce proceedings to when an application can be made to the court for a conditional order.
This so called ‘reflection period’ is designed to provide an opportunity for couples to reconcile or agree practical arrangements for the future where reconciliation is not possible, and divorce is inevitable. Such matters could include child arrangements and the division of assets like property or pensions.
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 spouse.
At this stage, you (the Applicant) are formally asking the court to proceed with the divorce. You apply for a conditional order by submitting an application form D84 together with a supporting statement which verifies that the contents of the divorce application are true.
4. Conditional order – after you apply
The court reviews your application and if the judge agrees, the court will issue you and your spouse with a ‘Certificate of Entitlement’ to confirm the date that your conditional order was granted (pronouncement of the conditional order).
Both parties also receive a Court Order stating that the conditional order has been pronounced and this will typically take a few weeks.
You will still be married, even after the conditional order has been pronounced. To officially end the marriage, you will have to apply to finalise the divorce by submitting form D36 ‘Notice of Application’ for the conditional order to be made Final.
5. Pronouncement of final order – finalise your divorce
The last of the 5 stages of divorce is the pronouncement of the final order which is made once the court has received form D36 – the Notice of Application for conditional order to be made Final. You can apply for a final order as a sole applicant, even if you started the divorce process jointly with your spouse.
You can only apply for a final order (previously called decree absolute) after waiting at least 6 weeks + 1 day from the date of the conditional order. However, you should apply within 12 months from the date of the conditional order to avoid having to explain the delay to the court.
Before pronouncing of the final order the court will check that the above time limits have been met and that there are no other reasons not to grant the divorce.
Once you receive the pronouncement final order, you are officially divorced, no longer married and free to marry again if you wish.
Points to note:
- The court will send both parties copies of the final order. If you have a solicitor acting for you the final order will be sent directly to them, and you will need to ask them for a copy
- Keep the final order safe – you will need to show it if you remarry or have to prove your marital status and if you lose it you can apply to the court for a duplicate
- If you applied for divorce as a sole applicant and do not apply to finalise the divorce your spouse can apply, but they have to wait an additional 3 months after the standard 6 weeks + 1 day
- If you want a legally binding arrangement for dividing assets, money, pensions and property you must apply to the court for a consent order before you apply for the final order
How Divorce-Online Can Help You
Our divorce experts are here to make the process of divorce as simple, hassle-free and affordable as possible, which does not change with the new divorce law.
Contact Us
Give us a ring to speak to speak with one of our friendly team or you can get quick and reliable answers on Live Chat.
01793 384 029
Our phone lines are open Mon-Fri, 9am-5pm
- Fixed-fee with no hidden or extra costs
- All aspects of your divorce are handled for you
- Track your divorce case online at any time
- We chase the court for updates for you
- We keep you updated from start-to-finish
How to deal with your finances in divorce
Contrary to popular belief, obtaining a divorce does not sever your financial ties or ongoing commitments to or from your ex-spouse, it merely dissolves your marriage.
Dealing with your finances at the same time as your divorce is the only legal way to guarantee that neither party can claim against the other in the future.
The mistake many couples make when filing for divorce is that they fail to obtain a financial order to legally separate assets and finances. This needs to be made legal by obtaining a financial clean break called a consent order.
Unfortunately, they wrongly believe that because they have an amicable relationship with their former spouse it’s unnecessary, or they believe that getting a divorce means the finances are automatically sorted.
What Is a Financial Consent Order?
A financial consent order is a legal document that confirms your financial agreement to the court in respect of how any assets such as money, property, pensions, and investments are to be divided upon divorce.
Having a court approve a financial order essentially ‘completes’ a divorce by severing all financial ties and preventing any future claims by either party.
Applying for a consent order
A divorcing couple can only apply to the court for approval of a financial order at the conditional order stage of divorce proceedings, an application cannot be made before that point.
As mentioned above the divorce procedure has a 6 weeks + 1 day ‘cooling-off period’ from the date of the conditional order which is designed to allow time to negotiate and settle any outstanding issues with children’s welfare and asset divisions or settlements.
In most cases, the financial agreement becomes legally binding on both parties once the court has granted the final order, thereby providing both parties with a ‘financial clean break’ at the same time that their marriage comes to an end.
Whilst it’s possible to obtain a consent order after the final order has been granted, it will affect entitlement to pension sharing and you may also be liable for tax on assets you receive.
Therefore, the best time to apply for a financial consent order is at the point in which the court grants you a conditional order as your agreement will become legally binding upon completion of your divorce.
How to get a combined divorce & financial agreement
Divorce-Online can help you obtain a divorce and a legally binding financial order without you needing to spend thousands of pounds on solicitors. We have helped over 150,000 couples obtain a managed divorce and clean break consent order for a fixed-fee cost of just £499 including VAT.
Managed Divorce & Clean Break Consent Order – £499
This service involves Divorce-Online managing your entire divorce procedure for you and obtaining you a financial consent order to put your financial settlement into legal effect. This service costs just £499 fixed fee and could save you over £1500.
Frequently Asked Questions
What if I have been married for less than a year?
If you have been married for less than a year and cannot yet file for divorce, you can instead get a legal separation so you can live apart without ending the marriage. You might also be able to annul your marriage under certain conditions.
You can apply for legal separation or annulment during your first year of marriage.
How do I divorce someone who lives in another country?
Many British nationals get married abroad, either to another British citizen or to a foreign national. So, can you divorce someone who lives in a different country under UK divorce law?
Yes, the process of filing for divorce in England and Wales is the same regardless of if the marriage took place domestically or overseas.
Provided the international marriage was conducted lawfully and at least one spouse is still considered to be habitually resident or domiciled in the UK, it will generally be possible to get divorced in the UK.
British nationals who have left the UK to go and live abroad temporarily will normally be considered to still be habitually domiciled in the UK. However, if they have decided to leave the UK permanently (e.g., they have obtained citizenship of another country) then they probably will not be considered habitually domiciled in the UK.
How much does it cost in the UK for a divorce?
The Gov.uk website does not offer a divorce service for £593 as some people seem to think – this is just simply the court filing fee and does not include a divorce service. However, you may be eligible for help paying court fees if you are on certain benefits or have a low income.
Furthermore, the Gov.uk website will not be able to advise you on how to file your own divorce papers, how to complete the forms or what to put in them, they simply just provide the forms!
Divorce-Online has a range of award-winning divorce services that help couples from as little as just £199 for our Managed No-fault Divorce Service (court filing fee is extra).
It’s the quickest and easiest way to obtain a divorce because we handle your entire divorce procedure whilst keeping you fully updated on the progress.
Is tax payable on a divorce settlement?
Although Income Tax does not generally need to be paid in respect of a divorce settlement, Capital Gains Tax (CGT) is the tax that is most likely to apply when you separate or divorce. This could apply to divorcing couples who have assets tied up in property or other joint investments. If this is the case then you should carefully consider the CGT implications of your separation.
It should be noted that while CGT is not payable on a main residence, it may apply to the sale or transfer of second properties, including holiday homes and Buy to Let investment properties.
Generally, assets transferred between spouses and civil partners are exempt from Capital Gains Tax.
But you only have until the end of the tax year after the separation process has begun to transfer assets between parties without incurring a tax liability. So, if you have transferred assets during the tax year of separation, it is considered to be a ‘no gain/no loss’ situation and no CGT is due.
A CGT liability is then only likely to occur from 5 April of the year after the separation process has begun regarding any subsequent liquidation of assets. It is therefore prudent to plan future asset disposals or transfers accordingly.
Can I apply for a divorce if my spouse 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. They will need someone to make decisions for them during the divorce. The person who acts on their behalf is called a ‘litigation friend’. This person can be a family member, close friend or someone else.
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’).
First check there’s nobody else suitable or willing to act as a litigation friend and check that money is available for any costs the Official Solicitor has to pay. Your husband or wife may be able to get legal aid.
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.
How to apply – Email: [email protected] or Telephone: 020 3681 2754 the private family law team (they cannot answer general questions about divorce).
How can Divorce-Online help you today?
Divorce-Online has been helping couples since 1999. If you’d like to find out how we can help you today with our divorce or financial order services, please call us for a free consultation on 01793 384 029 or email us today
Between the hours of 9am-5pm Monday-Friday we also have Live Chat operating where a qualified divorce expert will be more than happy to assist you with any questions or queries you have.
Managed No-Fault Divorce Service – £199
This service is the quickest and easiest way to get divorced. Our team of divorce experts handle all aspects of your divorce and keep you updated on the progress, each step of the way.