Get a divorce

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1. Check you can get a divorce

You can get divorced in England or Wales if all of the following are true:

  • you바카라 사이트™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)

This guide is also available in Welsh (Cymraeg).

If you are ending a civil relationship, read the guide for ending a civil partnership.

If you do not want a divorce, you can get a legal separation so you can live apart without ending the marriage. You might also be able to annul the marriage. You can apply for separation or annulment during your first year of marriage.

There is a different process if you want to or .

2. Before you apply

You must decide whether you want to make a joint application with your husband or wife or whether you want to apply on your own.

It normally takes at least 7 months to get a divorce. This is the same for joint and sole applications.

Making a joint application with your husband or wife

You can make a joint application if both of the following apply:

  • you both agree that you should get a divorce
  • you바카라 사이트™re not at risk of domestic abuse

You will need to decide if you want to apply online or by post. Your husband or wife needs to use the same application method.

You바카라 사이트™ll 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, you바카라 사이트™ll be able to continue with the divorce application as a sole applicant.

If you want to apply for help with paying the divorce fee, both of you must be eligible to qualify.

Applying for a divorce on your own

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.

Arrangements for children, money and property

You and your husband or wife can choose to work out:

You can also divide your money and property.

You can usually avoid going to court hearings if you agree about children, money and property.

Get help or advice

You can get help or advice from:

If you바카라 사이트™re married to more than one person

Contact the if you바카라 사이트™re married to more than one person (polygamy).

3. How to apply

To apply for a divorce you바카라 사이트™ll need:

  • yours and your husband or wife바카라 사이트™s full name and address
  • your original marriage certificate or a certified copy (and a certified translation if it바카라 사이트™s not in English)
  • proof of your name change if you바카라 사이트™ve changed it since you got married - for example your marriage certificate or a deed poll

You will be asked for your husband or wife바카라 사이트™s current address. This is so the court can send them a copy of the divorce application. Find out what to do if you do not know your husband or wife바카라 사이트™s address.

If you give your husband or wife바카라 사이트™s email address, the court will send the divorce papers to them online. If you do not give an email address the papers will be sent by post.

Fee

There바카라 사이트™s a £612 fee to apply for a divorce. The way you pay depends on how you apply. Your fee will not be refunded after you are sent the notice that your divorce application has been issued.

If you need help paying the fee

You may be able to get help with fees if you get benefits or are on a low income. You can apply for this help online or with a paper form.

If you apply for the help online, you바카라 사이트™ll get a reference number. Use that reference number when you apply for a divorce so you do not have to pay the fee upfront.

If you apply for the help with a paper form, you will not get a reference number. If you do not want to pay the fee upfront, apply for divorce by post and include your paper form with your divorce application.

A decision will then be made about your application for help with fees. Depending on what바카라 사이트™s decided, you may be asked to pay some or all of the fee.

If you are making a joint divorce application and want help with paying the fee, you must both apply for help. If your husband or wife is not eligible or does not apply, you바카라 사이트™ll have to pay the full fee.

Apply online or continue an existing application

You바카라 사이트™ll need a debit or credit card to apply online.

Solicitors can apply online using a MyHMCTS account.

If you started an application before 6 April 2022

.

If you need help applying online

Who you contact depends on the type of help you need.

If you바카라 사이트™re having technical issues or need guidance about how to apply

Courts and Tribunals Service Centre
Telephone: 0300 303 0642

Monday to Friday, 10am to 6pm
Closed on bank holidays
Find out about call charges

If you do not have access to the internet or do not feel confident using it

We Are Group
support@wearegroup.com
Telephone: 03300 160 051
Monday to Friday, 9am to 5pm
Closed on bank holidays
Text FORM to 60777 and someone will call you back
Find out about call charges

Apply by post

Fill in a divorce application form D8 to start a divorce.

You can get help filling in the form at a office.

Send a copy of the form to:

HMCTS Divorce and Dissolution service
PO Box 13226
Harlow
CM20 9UG

Keep your own copy of the form.

If you바카라 사이트™re a Welsh speaker, you can apply by post using the divorce application form D8 (Welsh).

How to pay

You can either pay by:

  • debit or credit card - HM Courts and Tribunals Service (HMCTS) will call or email you with details of how to pay
  • cheque - made payable to 바카라 사이트˜HM Courts and Tribunals Service바카라 사이트™

4. What happens after you apply

What happens after you apply depends whether you applied for a divorce jointly with your husband or wife, or on your own.

If you applied jointly with your husband or wife

Your application will be checked. If it바카라 사이트™s correct, you바카라 사이트™ll both be sent:

  • a notice that your application has been issued (sent out)
  • a copy of your application stamped by HM Courts and Tribunals Service (HMCTS)
  • an 바카라 사이트˜acknowledge receipt바카라 사이트™
  • a case number

You need to wait 20 weeks after your divorce application has been issued by the court. After this time you and your husband or wife can continue with the divorce by applying for a conditional order.

If you applied as a sole applicant

Your application will be checked. If it바카라 사이트™s correct, you바카라 사이트™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 the divorce application and an 바카라 사이트˜acknowledgement of service바카라 사이트™ notification.

Your husband or wife must respond to the acknowledgement of service notification within 14 days saying whether they:

  • agree with the divorce
  • intend to dispute the divorce

If they agree with the divorce

You can continue with the divorce by applying for a conditional order (or a decree nisi if the court issued your divorce application before 6 April 2022). You바카라 사이트™ll need to wait 20 weeks after your divorce application has been issued by the court before you can apply.

If they dispute the divorce

Your husband or wife will have to complete an 바카라 사이트˜answer form바카라 사이트™ to say why they disagree with the divorce.

Your husband or wife must have a genuine legal reason to dispute the divorce. They cannot dispute the divorce simply because they do not want a divorce or to delay the process. You may have to go to court to discuss the case.

If they do not submit an answer form, you can continue the divorce by applying for a conditional order (or a decree nisi if the court issued your divorce application before 6 April 2022).

If your husband or wife does not respond to the divorce

You should contact your husband or wife and ask them to respond, if it is safe for you to do so. They can still respond after the deadline.

If they still do not respond, the court will contact you and tell you what you can do.

5. Apply for a conditional order or decree nisi

A conditional order and decree nisi are documents that say that the court does not see any reason why you cannot divorce.

How to apply

How you apply depends on when the court issued your divorce application.

If the court issued your divorce application on or after 6 April 2022

You must wait 20 weeks after your divorce application has been issued by the court before you can apply for a conditional order.

If you applied for a divorce online, you바카라 사이트™ll be told how to apply for a conditional order online.

To apply by post, fill in the application for a conditional order.

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 husband or wife.

Solicitors can apply online or manage a case using a MyHMCTS account.

If the court issued your divorce application before 6 April 2022

If you applied for a divorce online, you can .

To apply by post, fill in the application for a decree nisi.

You also need to fill in a statement confirming what you said in your divorce application is true. There are 5 statement forms - use the one that covers the reason you바카라 사이트™ve given for your divorce.

Attach a copy of your husband바카라 사이트™s or wife바카라 사이트™s response to the divorce application.

After you apply

The court will review your application for a conditional order or decree nisi. This may take several weeks. If the judge agrees, the court will send you and your husband or wife a certificate.

The certificate will tell you the time and date you바카라 사이트™ll be granted a conditional order or decree nisi. You will still be married after it has been granted.

You need to wait at least 43 days (6 weeks and 1 day) after it바카라 사이트™s been granted before you can apply to finalise the divorce and end the marriage.

6. Finalise your divorce

To end your marriage you must apply for either:

  • a final order
  • a decree absolute - if the court issued your divorce application before 6 April 2022

You need to wait at least 43 days (6 weeks and 1 day) after the date of the conditional order or decree nisi before you can apply to end your marriage.

You can apply for a final order as a sole applicant, even if you started the divorce process jointly with your husband or wife.

Apply within 12 months of getting the conditional order or decree nisi - otherwise you will have to explain the delay to the court.

How to apply

How you apply depends on when the court issued your divorce application.

If you want a legally binding arrangement for dividing money and property you must apply to the court for this before you apply for a final order or decree absolute.

If the court issued your divorce application on or after 6 April 2022

If you applied for a divorce online, you바카라 사이트™ll be told how to apply for a final order.

To apply by post, fill in an application for a final order.

Solicitors can apply online or manage a case using a MyHMCTS account.

If the court issued your divorce application before 6 April 2022

If you applied for a divorce online, you can .

To apply by post, fill in an application for a decree absolute.

After you apply

The court will check that:

  • time limits have been met
  • there are no other reasons not to grant the divorce

The court will send both of you copies of the final order or decree absolute.

If a solicitor is acting for you, the final order or decree absolute will be sent to them. You바카라 사이트™ll need to ask them for a copy.

Once you get the final order or decree absolute, you are divorced, no longer married and free to marry again if you wish.

Keep the final order or decree absolute safe - you will need to show it if you remarry or to prove your marital status.

If you lose your final order or decree absolute, you can apply to the court for a copy.

If you applied as a sole applicant and you do not apply to finalise the divorce

Your husband or wife can apply if you do not. They바카라 사이트™ll have to wait an extra 3 months to do this, on top of the standard 43 days.

7. If your husband or wife lacks mental capacity

You can apply for a divorce if your husband or wife 바카라 사이트˜lacks mental capacity바카라 사이트™ and cannot agree to a divorce or take part in the divorce case.

Your husband or wife will need someone to make decisions for them during the divorce. The person who acts on their behalf is called a 바카라 사이트˜litigation friend바카라 사이트™. It can be a family member, close friend or someone else who can represent them.

Your husband or wife does not have a litigation friend

If there바카라 사이트™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 wife바카라 사이트™s litigation friend when there바카라 사이트™s no one else to do this (바카라 사이트˜litigation friend of last resort바카라 사이트™).

How to apply

  1. Check there바카라 사이트™s nobody else suitable or willing to act as your husband or wife바카라 사이트™s litigation friend.

  2. Check that there바카라 사이트™s money available for any costs the Official Solicitor has to pay. Your husband or wife may be able to get legal aid.

  3. Give the details of your husband or wife바카라 사이트™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, you바카라 사이트™ll be able to file for divorce.

Contact the Official Solicitor바카라 사이트™s staff

Email or call the private family law team if you have an enquiry about divorcing someone who lacks mental capacity. They cannot answer general questions about divorce.

Official Solicitor - private family law team
ospt.dsm@offsol.gsi.gov.uk
Telephone: 020 3681 2754
Find out about call charges