No-fault divorce: how it works and how long it takes

Can you apply?

You can get divorced in England or Wales if all of these apply:^[2]

• you've been married for over a year
• your relationship has permanently broken down
• your marriage is legally recognised in the UK

If you've been married for less than a year, you can't divorce yet, but you can separate. In some cases you may be able to have the marriage annulled.^[2]

You don't need to give a reason for the divorce. This is what people mean by 'no fault'.^[1]

Applying on your own or together

You can apply on your own (a sole application) or with your husband or wife (a joint application). A joint application is for when you both agree to the divorce and you're not at risk of domestic abuse. Apply on your own if your husband or wife doesn't agree, or you don't think they'll co-operate.^[3]

You can apply online or by post using form D8.^[5] If you apply together, you both need to use the same method.^[3]

If you need technical help applying online, you can call the Courts and Tribunals Service Centre on 0300 303 0642.^[5]

The fee, and help paying it

The court fee to apply for a divorce is £628. You won't get it back once the court has issued your application.^[5]

You may be able to get help with the fee if you get certain benefits or are on a low income. If you apply for help online first, you'll get a reference number to use so you don't pay the fee upfront. If you apply together, you both need to be eligible.^[5][3]

Ending a civil partnership has its own fee. Please check the current figure on GOV.UK before you apply.

The timeline, step by step

1. You apply. The court checks your application and 'issues' it. This is the date the clock starts.^[6]
2. Your husband or wife responds (sole applications only). They have 14 days to send back a form called the acknowledgement of service.^[6] They can only dispute the divorce for a genuine legal reason, not just because they don't want it or to delay things.^[6]
3. A 20-week wait. You must wait 20 weeks after the application is issued before you can apply for the next stage. Many people use this time to work out the money and the children's arrangements.^[7]
4. The conditional order. This is a document that says the court can't see any reason why you can't divorce. You're still married at this point. For applications issued before 6 April 2022, it's called a decree nisi.^[7]
5. At least 6 weeks and 1 day. You must wait at least 43 days after the conditional order before you can apply for the final order.^[8]
6. The final order. This legally ends your marriage. For applications issued before 6 April 2022, it's called a decree absolute.^[8]

In total, a divorce normally takes at least 7 months.^[3] Apply for the final order within 12 months of your conditional order, or you'll have to explain the delay to the court.^[8]

If you made a sole application and don't apply for the final order, your husband or wife can apply instead, but they have to wait an extra 3 months on top of the 43 days.^[8]

Sort out the money before the final order

A divorce ends the marriage but it doesn't settle your finances. Until you have a legally binding financial order, you can each still make a financial claim against the other, even years after the divorce.^[4]

If you want a legally binding arrangement for dividing money and property, you must apply to the court for it before you apply for the final order.^[8] Applying after the final order may have financial consequences, particularly for pensions.^[9]

Read our guide to financial orders, clean breaks and consent orders.

Ending a civil partnership

Ending a civil partnership is called dissolution. You can apply if you've been in the civil partnership for over a year.^[10] The steps are like a divorce: a 20-week wait before the conditional order, then a final order, which you should apply for within 12 months of the conditional order. The waiting times after the conditional order are set out on GOV.UK.^[10]

If you're not married

If you lived together but weren't married or in a civil partnership, you don't need a divorce, and the law treats your money and home differently.^[11] Citizens Advice explains the differences.