We understand that deciding to end a marriage is one of life’s toughest choices. Our experienced divorce lawyers are here to support you every step of the way, helping you keep things as amicable as possible.
Below, you’ll find answers to common questions about the divorce process:
How do I get divorced?
Accepting that your marriage has ended is incredibly difficult. We’re here to guide you through the legal process with sensitivity and care.
Since 6 April 2022, divorces in England and Wales follow a simpler, less confrontational process known as ‘no-fault 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).
How do I apply for a divorce?
You’ll need to complete a divorce application (previously called a ‘divorce petition’) and submit it online via the government’s portal or by post. You’ll usually need your original marriage certificate.
Who is the applicant/respondent?
- Applicant: The person applying for divorce (previously the ‘petitioner’).
- Respondent: The other spouse.
- You can now apply jointly, in which case you’ll be referred to as Applicant 1 and Applicant 2.
What is the divorce process?
- Submit the divorce application.
- Acknowledgment: The respondent confirms receipt.
- Conditional Order: Apply after a 20-week waiting period.
- Final Order: Six weeks later, you can apply to have the marriage legally ended.
Do I need to prove anything to get divorced?
Under the new system, you no longer need to blame your spouse or give reasons—state that the marriage has irretrievably broken down.
What else should I know?
Financial Arrangements: A divorce doesn’t automatically settle financial matters. You should agree on how to divide assets, property, pensions, and whether financial support is needed. A binding legal agreement is highly recommended before finalising the divorce.
International Connections: If you or your spouse has ties to another country, speak to a family lawyer early—the country where you divorce affects how financial matters are decided.
Who pays for the divorce?
The applicant can ask the court to order the respondent to contribute to legal costs, though this is less common under the no-fault system. Most couples agree privately on how to split costs.
How can disputes be resolved?
Court isn’t the only way. Consider:
These alternatives are often faster, less stressful, and more cost-effective.
Should I apply for a financial order?
Yes—ticking this box preserves your right to resolve financial matters, even if you don’t want to apply right away. Without it, you could lose the ability to make future financial claims, particularly if you remarry.
Do I have to tell my spouse I’m applying for divorce?
Legally, no—but it’s strongly advised. Giving at least seven days’ notice allows for smoother, more amicable proceedings. If safety is a concern, speak to your lawyer first.
What if my spouse doesn’t respond?
If your spouse ignores the application, you can arrange for the papers to be personally served or apply for a court order confirming they’ve received the documents.
What if my application is rejected?
The court will explain why your application was refused and what you need to do to fix it—usually, this is a simple clarification or extra document.
What if my spouse doesn’t agree?
Since 6 April 2022, divorces are no-fault—your spouse can’t block the divorce unless they can show the marriage wasn’t valid or the court has no jurisdiction.
What happens after the final order?
Once the final order (formerly decree absolute) is granted, you’re legally divorced. Remember:
- Financial claims remain open unless settled.
- Your inheritance rights and pension entitlements may change.
How long does divorce take?
The quickest divorce takes at least 26 weeks from application to final order, but delays (e.g. court backlogs or financial negotiations) may extend this.
How much does it cost?
- Court fee: £612 check GOV.UK for the latest cost (subject to reduction in some cases—check the ‘Help with Fees’ scheme).
- Legal fees: Vary depending on your solicitor’s rates.
Can I get legal aid?
Legal aid is only available in limited circumstances, such as cases involving domestic abuse. Tees does not offer legal aid, but you can search for legal aid solicitors on the GOV.UK website.
Please speak to our family law specialists
We know that every situation is unique. Contact us to discuss your circumstances in confidence. We’re here to help you move forward.
