Since 6 April 2022, nobody in England and Wales has had to blame their husband or wife in order to get divorced. The Divorce, Dissolution and Separation Act 2020 removed the old requirement to prove adultery, behaviour, desertion or a period of separation. Today one statement is enough: that the marriage has broken down irretrievably.

The change was overdue. Under the old system couples who had simply grown apart were pushed into writing lists of each other’s faults, or waiting two years or more, and that did nothing for the conversations about children and money that had to follow.

Who can apply

You can apply for a divorce if you have been married for at least one year and your marriage is legally recognised in the UK. You or your spouse must also have a sufficient connection with England and Wales, usually through where you live. If you have been married for less than a year, a judicial separation is possible, and our guide to divorce or separation explains how that differs.

The language has changed along with the law. The petition is now an application. The petitioner is the applicant. Decree nisi has become the conditional order, and decree absolute the final order.

Sole or joint

You can apply on your own or together. A joint application suits couples who agree that the marriage is over and want the process to reflect that. If one person stops cooperating part way through, the other can carry on as a sole applicant at the conditional order and final order stages, so a joint start is not a trap.

The steps

The application. Most applications are made online. The court fee is £628 (it rose from £612 on 13 July 2026), and you may not have to pay all of it if you are on a low income or certain benefits. You will need your original marriage certificate or a certified copy, with a certified translation if it is not in English.

The response. On a sole application the court sends the papers to your spouse, who has 14 days to acknowledge them. Your spouse cannot defend the divorce on the basis that the marriage has not broken down. Disputes are now limited to technical points, such as whether the court has jurisdiction or whether the marriage was legally valid in the first place. That is rare.

The 20-week wait. You cannot apply for a conditional order until 20 weeks have passed since the application was issued. The law calls this a period of reflection. In practice it is the time to agree arrangements for the children and to work out the finances.

The conditional order. After 20 weeks you confirm that you want to continue, and a judge checks the paperwork. If everything is in order the court sets a date on which the conditional order will be pronounced. You do not need to attend.

The final order. You can apply for the final order six weeks after the conditional order. Once it is made you are divorced. If you wait more than 12 months after the conditional order, you will need to explain the delay to the court. If the applicant does not apply, the other spouse can, after a further three months.

Taken together, that means a minimum of approximately 32 weeks from application to final order, as long as there is no delay in instructions or filing paperwork. Most divorces take longer, usually because of the finances rather than the divorce itself.

Do not rush the final order

This is the mistake we see most often. The divorce ends the marriage. It does not end your financial claims against each other, and it does not divide anything.

Only a financial order made by the court does that. Where you have agreed terms, they can be drawn up as a consent order and approved by a judge without a hearing. Where you cannot agree, the court can decide. Our page on financial remedy following divorce explains how.

The timing matters for two reasons. A pension sharing order cannot take effect until the final order is made, and if your spouse were to die before the final order you might still be entitled to benefits as their widow or widower, including a spouse’s pension from their scheme. Once the final order is made, that protection is gone. For most people the safer course is to have the financial order approved by the court before applying for the final order.

If you are thinking of remarrying, take advice first. Remarrying before you have applied for a financial order can prevent you from bringing most financial claims for yourself against your former spouse.

How we can help

We deal with the application and every stage that follows it. Just as importantly, we make sure the finances are dealt with properly, with an order drafted so that nothing is left open for a claim years later. Our fixed fee divorce service covers the divorce process, and we can advise separately on children and money.

Goldsmiths Solicitors have a dedicated Family Law team who specialise in divorce and marital finance disputes. Request a callback or call 0121 690 4000 and ask for the Family Department.

This article reflects the law in England and Wales as at October 2026. It is general information, not advice on your own circumstances.