What is a Divorce in the UK?
Divorce is the legal process of ending a marriage. It formally brings a marital relationship to an end.
In the UK, divorce proceedings are governed by specific laws and procedures. These rules are designed to ensure fairness for both parties. If you are considering divorce, or simply want to understand how it works, this guide provides a clear and accurate overview.
Who can get a Divorce in the UK?
To apply for a divorce in the UK, you must meet certain legal requirements.
You must be legally married
You can only divorce someone if you are legally married to them. Civil partnerships follow a separate legal process.
The marriage must have broken down irretrievably
The law requires confirmation that the marriage has permanently ended.
You must have been married for at least one year
Couples can only apply for a divorce after they have been married for a minimum of 12 months.
You must meet jurisdiction requirements
At least one spouse must have a legal connection to the UK. This usually means being domiciled or habitually resident here.
Grounds for Divorce in the UK
Since 6 April 2022, divorce law in England and Wales has changed significantly.
The Divorce, Dissolution and Separation Act 2020 introduced no-fault divorce. This means couples no longer need to blame one another or provide reasons such as adultery or unreasonable behaviour.
Instead, one or both spouses simply confirm that the marriage has broken down irretrievably. As a result, the process is less confrontational and often more constructive.
The Divorce process explained
The divorce process follows several clear stages.
Step 1: Divorce application
One or both spouses submit a divorce application. This can be done online or by paper.
Step 2: Acknowledgment of service
The respondent receives the application and confirms they have received it.
Step 3: Cooling-off period
A minimum period of 20 weeks applies before you can apply for a conditional order. This allows time for reflection and practical arrangements.
Step 4: Conditional order
The court confirms there is no legal reason why the marriage cannot end.
Step 5: Final order
After a further six weeks, you can apply for the final order. This legally ends the marriage.
Financial and child arrangements
Importantly, a divorce only ends the legal marriage. It does not automatically resolve finances or arrangements for children.
Financial settlements
Couples must agree how assets, debts, pensions, and property will be divided. These agreements should be legally recorded in a financial consent order to make them binding.
Child arrangements
Parents must decide where children will live and how much time they will spend with each parent. Decisions about education, healthcare, and welfare must also be considered.
If agreements cannot be reached, mediation or court proceedings may be required.
Cost of Divorce in the UK
The court fee for a divorce application is £593 (as of 2025).
However, additional costs may arise if legal advice is required. This is particularly common where finances, property, or children are involved.
Why is legal advice important?
Although no-fault divorce has simplified the process, legal advice remains important. This is especially true when dealing with financial settlements or child arrangements.
A solicitor can explain your rights, guide you through the process, and help protect your long-term interests.
Divorce is a major life event. However, the UK legal system aims to make the process as clear and fair as possible.
By understanding how divorce works and seeking advice where needed, you can approach the process with greater confidence. Careful planning can help protect both your future and that of your family.
Speak to our family team today and let us guide you through the process at a pace that works for you. Call 01162536856 or email mark@bplegal.co.uk