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DivorceApplicationEngland & Wales

How to apply for a divorce

How to apply for a divorce in England and Wales. The online process, what you need, what it costs, and what happens at each stage.

Courts

Court fee

£612

fee waiver available

Apply at GOV.UK

Online

no court visit needed

Reflection period

20 weeks

mandatory minimum wait

Total timeline

~42 weeks

median to final order

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Before you start

You can apply for divorce if you have been married for at least one year and your marriage has permanently broken down. Since April 2022, you do not need to give a reason or blame anyone. You can apply on your own (a sole application) or together with your spouse (a joint application). About 73% of applications are sole and 27% are joint. It makes no practical difference to the outcome.

You will need: your marriage certificate (original or certified copy), your spouse's full name and address, and £612 for the court fee. If you are on a low income or receiving certain benefits, you may be able to get help with the fee using form EX160 - The form you use to apply for help with court fees (fee remission). You’ll need to provide details of your income and any benefits you receive.. Universal Credit, Income Support, income-based JSA, and Pension Credit all qualify.

The step-by-step process

1

Apply online at GOV.UK

You fill in your details, your spouse's details, and confirm your marriage has broken down. Pay the £612 fee or apply for fee remission - A reduction or waiver of court fees if you’re on a low income or certain benefits. You apply using the EX160 form..

2

Your spouse is notified

If it is a sole application, your spouse receives the application and has 14 days to respond. They can agree, disagree, or not respond. Even if they disagree, the divorce will proceed. You cannot stop a divorce in England and Wales.

3

Wait 20 weeks

This is the mandatory reflection period from the date the application was issued. You cannot skip it. Use this time to start thinking about your finances and children's arrangements.

4

Apply for conditional order

After 20 weeks, you apply for your conditional order - The court’s provisional agreement that you’re entitled to a divorce. Previously called a decree nisi. You can’t remarry until the final order is granted. (this used to be called decree nisi). The court checks the paperwork and grants it. You do not need to attend court.

5

Wait 6 weeks

Another mandatory waiting period. This is a good time to finalise your financial arrangements.

6

Apply for final order

After 6 weeks, you apply for the final order - The document that legally ends your marriage. Previously called a decree absolute. You’re free to remarry once this is granted. (this used to be called decree absolute). Once granted, you are legally divorced.

Do not apply for your final order until your finances are sorted

Once you are divorced, you lose certain rights, including the right to claim against your ex-spouse's pension as a spouse. Sort your financial order first, then apply for the final order.

Help with the court fee

The £612 court fee can be reduced or waived entirely if you are on a low income or receiving certain benefits. You apply using form EX160, which is available on GOV.UK. This is a separate application from the divorce itself, and you should submit it before or at the same time as your divorce application.

You automatically qualify if you receive Universal Credit, Income Support, income-based Jobseeker's Allowance, income-related Employment and Support Allowance, or Pension Credit (guarantee credit). If you do not receive these benefits but have a household income below a certain threshold and savings under £3,000 (or £16,000 if you are over 61), you may still qualify for a full or partial remission.

If you are doing a joint application and only one of you qualifies for help with fees, consider switching to a sole application filed by the qualifying person. The outcome is the same, and you save £612.

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