How to Get a Divorce in the UK: Step by Step Guide

Key takeaways

• A divorce legally ends a marriage through a formal court process, now simplified by the ‘no-fault’ divorce law, allowing either party to file without assigning blame.
• The process takes a minimum of six months, with a mandatory 20-week reflection period followed by at least six weeks before the final order is granted.
• Financial and parenting arrangements are handled separately, with full financial disclosure strongly advised to ensure fair settlements, including pensions.
• Courts usually begin with a 50/50 asset split, but adjustments are made based on factors like childcare responsibilities, duration of marriage, and individual financial needs.
• Pensions, engagement rings, and social media activity can all carry legal implications, and neglecting to finalise finances can create long-term financial risk.
• Using a solicitor helps avoid common pitfalls, such as the ‘remarriage trap’, and ensures all financial claims are protected before and after divorce is finalised.

What does getting a divorce mean?

Getting a divorce is the legal process for ending a marriage, resulting in a court order that declares you and your spouse are no longer married. The following points are important to remember:

1. You may need to divide your marital property and debts.
2. You are no longer legally obligated to live together or financially support each other.
3. If you have children, you may need to make arrangements for child custody and support

Some key statistics

Joint applications tend to progress more quickly through the system than sole applications, with about 6 weeks difference in overall timeframe. It is important to note these timings when setting realistic expectations about how long the process will take.

A new law, the Divorce, Dissolution and Separation Act (April 2022), allows for ‘no-fault divorce claims‘, simplifying divorce in England and Wales. You can now file jointly or alone without needing to assign blame. This makes the process easier to understand and navigate. Going through a divorce or separation can be one of the most stressful periods in your life, and if you’re unsure of what the divorce process is or how it works in practice, then the whole thing can feel a little bit overwhelming.

Divorce terminology is also changing, bringing the process into the 21st century. Making each element of divorce as clear as possible will reduce confusion and help people to understand the process they’re embarking on a little easier.

What are the stages of getting a divorce?

Here we break down the process of getting a divorce into seven steps.

Steps one to four explain how to start divorce proceedings. The latter three steps explain the process of completing the divorce.

1. Applying for a divorce

One person or a couple jointly starts the divorce application. This can be done online or via a paper application.

There is now no requirement to give a reason for divorce or blame your partner – it is now largely based on irretrievable breakdown of the marriage.

2. Reflection period

The court sends your partner a copy of the application and the new and important 20 week reflection period starts. The new law stipulates a minimum allowable period of 20 weeks between the initial application and the granting of the conditional order, the old decree nisi, and then another six weeks between this and the final order.

While there was some concern that the new legislation would mean ‘quicker/easier’ divorces, this period will mean the shortest divorces will still take at last six months to complete, rather than 3-4 months under the previous law.

3. Conditional order application

You apply for a conditional order and decide whether you want to make a financial claim.

Although completing a financial disclosure form is not compulsory for every divorce, it is a useful tool to give both parties a clear understanding of each other’s financial position, as people don’t always know exactly what is there to agree a fair financial split.

Before you even start considering how you’re going to divide things up, it’s important that you are both open and honest with the information you provide about your finances.

Financial disclosure is not part of the divorce application document, but it does tend to be done in parallel to completing the application. You can contact our team for further support with financial settlements, here.

4. Application review

Once you’ve filled in your application, you’ll need to send it to the court, along with either your original marriage certificate or an official copy (which you can obtain from the local registrar for around £12). You can find the address of your nearest divorce centre on the gov.uk website. You can also apply for a divorce on-line rather than send in a paper application.

As the applicant(s) you will also need to pay a fee to apply for a divorce (this is currently £550) – the application won’t be issued without a payment being made.

Although it is the responsibility of the applicant(s) to pay the fee, people often agree with their ex-partner to share the costs (if they are aware the application is being filed at this stage). If you are on a low income, you may be able to receive help with the fees, but you will need to make a separate application for this and produce details of your circumstances.

5. Conditional order

The court grants the conditional order, commencing the six-week cooling off period. Once you’ve sent your divorce application to the court, your ex-partner will be sent a copy too. As the ‘responder’ they must acknowledge that they have received a copy of the divorce application by signing and returning an acknowledgement of service form to the court. They must do this within seven days of receiving the papers. The Divorce, Dissolution and Separation Act 2020 has removed the option for an ex-partner to contest a divorce.

We recommend that you speak to your ex-partner in advance so they are aware of the reasons you have filed the application and so they can keep an eye out for the papers. This helps prevent any delays with returning the form, which in turn can lead to severe delays with the divorce process and sometimes incur additional costs.

6. Final order application

The final step in obtaining a divorce takes place six weeks and a day after your final order is pronounced. If you’re the applicant, then you will be the one to apply for the final order (the legal document that officially dissolves your marriage) after this period.

7. Final order granted

The court grants the final order. It’s important to know that you must file for your final order within a year after your conditional order is granted, otherwise, you’ll have to go through more court proceedings, causing further delays.

Frequently asked questions

1. Do I have to talk to my ex-partner throughout the divorce process?

It’s always better if you can communicate with your ex-partner – especially if there are children involved. We appreciate that parenting through a divorce or separation is not easy. Even though you’ll no longer be married, you’ll both still want to act in the best interests of your children, so if you can retain some form of a relationship, it’s better for everybody. It also helps to maintain some level of communication with your ex-partner when negotiating financial settlements.

However, we appreciate that this isn’t always possible. If it’s hard to talk to them, or your divorce is as a result of a domestic abuse case, then don’t put yourself in an uncomfortable or compromising position. That’s where our divorce solicitors can work with you to try and reduce the stress and pressures surrounding the process, protect your interests, and seek a positive and prompt solution that works for you.

2. Can I get a divorce if my partner doesn’t want to?

Yes. divorce proceedings can be started by one party or by both parties and no reason is required to be provided.

3. Will my partner get 50% of our assets, even if they have cheated?

In England, the courts will always start with a 50/50 split of assets. But there are instances where this may not be the case, such as the length of the marriage/civil partnership, large sums of inheritance or money generated after separation and sometimes generated pre-marriage and whether there are children. Circumstances such as one partner cheating, has no bearing on the division of assets.

4. What am I entitled to in a divorce settlement?

This depends on a variety of factors such as;

• Length and duration of the marriage,
• Who the children will live with,
• What the matrimonial pot of assets consists of,
• What the respective income positions of the parties look like,
• The age of the parties.

Once you have gone through the process of full financial disclosure, a specialist divorce lawyer will be able to tell you what a Judge might consider being a fair financial settlement in your case. The starting point is for there to be an equal division of all matrimonial assets which includes assets in joint names but also any assets in the sole names of each party.

Visit our divorce financial settlements solicitors page to learn more about how we can support you.

5. Will I have to split my pension if we divorce?

With the change to a “no fault” divorce process, more parties are attempting the process themselves and in doing so, forgoing major financial claims, especially when it comes to pensions. If you are attempting a DIY divorce, you should be aware that pension sharing is one of the options available, providing for a clean break as the pension assets are split immediately.

If your combined pensions are worth over £100,000 the Pensions Advisory Group suggests that a pension report, prepared by a pension expert, is likely to be necessary. A pension expert or pension on divorce expert (PODE) is a financial adviser who are specialists that focus on the impact of divorce on pensions. They ensure that your pensions are evaluated and divided fairly and will produce a report, known as a Pension Sharing Report.

If one of you has been a stay-at-home carer for the children whereas the other party has been in employment, contributing to a work-based pension for numerous years, the employed party will likely have a substantially larger pension in comparison.

In that scenario, to equalise pension income upon retirement, a pension expert could be instructed to produce a report and provide a percentage figure for how much the employed party will need to transfer from their pension pot, into the primary carer’s pension, to ensure both of you have sufficient pension income upon retirement.

It is therefore important not to forget about pension as it could mean you are neglecting a critical part of your future financial security. Find out more about pensions in divorce.

6. Do I have to give my engagement ring back if we divorce?

If you break up with your partner, you may feel a moral obligation to return the ring – however, unless it can be proved that the ring was given conditionally, the law states that it is an absolute gift, meaning you do not have to return it to your ex.

Wedding and engagement rings can hold both monetary and emotional value, and the giver of those rings may believe that they are entitled to half the value, or even to have them returned. There may be an argument if an engagement is broken off, that the ring was given on the condition that it should be returned if the marriage did not take place. However, even though unfair, the recipient is not obliged to return it.

If the ring is of very significant value, this figure may be considered as part of the overall settlement.

7. Do I need to appoint a solicitor?

While it is possible to get a divorce without the support of a solicitor, you may run the risk of missing important legal loopholes, such as the ‘remarriage trap’. Put simply; if you remarry without a claim for a financial order, you may be barred from seeking maintenance and other financial claims. You may also find yourself out of pocket down the line. Without full legal severance, it is possible that an ex-partner could chase you for a share of funds you may accrue later in life – whether that be a pension pot, inheritance or even a lottery win!

8. We’re not married, but we’ve been together for years – will I get 50%?

Cohabiting couples frequently believe that living with somebody for a prolonged period leads to certain legal rights such as a share of property owned by one party – it does not. If you choose not to marry, then you should consider a living together agreement to protect your best interests.

9. What happens during a divorce if the couple has a prenuptial agreement?

The court will consider whether to give effect to a prenuptial agreement if it is freely entered into by each party with a full appreciation of its implications.

The key question is fairness. To establish this, the court will query whether the agreement was entered into freely and if the parties were aware of the implications of the agreement. It must be fair to hold the parties to the agreement in the circumstances prevailing, this will include whether any children have been born.

Social media and divorce

When going through a divorce, it can be easy to be tempted to post about how we’re feeling on social media. After all, social media is part of our lives and in its best form it can be a wonderful tool to connect, inform, and entertain people. However, it can also cause harm, distress and hurt and be used in an unhealthy way.

Divorce can be an incredibly emotional time for both parties involved and their families, which is why we’ve prepared some do’s and don’t of using social media during difficult times. Remember much of this information will be available to a court and could have a bearing on any outcome.

Our top tips for going through a divorce

1. Remain civil and amicable

Keep discussions regarding the divorce and financial matters away from children. Emotions will understandably be running high but it’s essential that children do not pick up on any parental discord. Remaining civil and amicable with an ex-partner in the presence of the children can make the divorce process less traumatic for everyone involved.

2. Take care during any conversations

Assume any text message, conversation or email exchange with an ex-partner will be shown to a Judge. Stop and think before sending an angry message in the heat of the moment, as this could be regretted later down the line.

3. Consult a lawyer before any major decisions

Avoid making any drastic decisions such as leaving the family home or clearing out a bank account without consulting a divorce lawyer, as this could adversely affect the case.

4. Keep a diary of events

Divorces are an emotional and unstable time, meaning it can be hard to keep track of important events which may need to be relied upon later down the line. Documenting everything ensures all essential information is on hand. For example, if an ex-partner misses a contact session or they tell you they will be opening a new bank account in their sole name, this should be recorded.

5. Outline specific objectives

Defining goals can help keep the divorce process on track.

If retaining a pension is the main priority, then you should aim to inform your divorce lawyer during the initial appointment. If the aim is to remain in the former family home, thinking about whether that goal is realistic and achievable is essential.

Neither party will ever come away from a divorce with absolutely everything that they wanted, so it’s important from the outset to decide what’s most important and what can be lived without.

How we guide you through the divorce process

The complicated part of the divorce process is not the dissolving of the marriage but dealing with issues surrounding it such as those involving children or finances.

Our team of family lawyers can help support you and advise on the options available to complete your divorce process, whether this is making child arrangements and ensuring that the disruption and emotional stress is kept to a minimum, or securing the best financial settlement for you to secure your future.

The process of divorce can be emotional and the actions you take in the early stages can set the tone for everything that follows. If you’re about to start divorce proceedings either jointly or separately, or currently going through the separation process, then speak to one of our divorce lawyers. We’re here to guide you through the maze of emotions and legal responsibilities, every step of the way.

Helpful resources:

1. 1. What happens after you apply
   2. Citizen’s Advice on getting a divorce
   3. Check if you’re eligible for Legal Aid