What is a Divorce in the UK?

What is a Divorce in the UK?

Divorce is the legal process of ending a marriage, marking the official dissolution of a marital relationship. In the UK, divorce proceedings are governed by specific laws and procedures to ensure fairness for both parties. If you’re considering divorce, or simply want to understand how it works, this guide provides a comprehensive overview.

Who Can Get a Divorce in the UK?

In order to apply for a divorce in the UK, certain conditions must be met:

  1. You Must Be Legally Married: You cannot divorce someone if you were not legally married to them.
  2. The Marriage Must Have Broken Down Irretrievably: The law requires a permanent breakdown of the marriage.
  3. 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.
  4. Jurisdiction Rules: At least one spouse must have a connection to the UK, such as being domiciled or habitually resident in the country.

The Grounds for Divorce

As of April 6, 2022, the UK introduced “no-fault divorce” under the Divorce, Dissolution and Separation Act 2020. This means couples no longer need to assign blame or provide specific reasons for the breakdown of their marriage. Instead, they simply confirm that the marriage has irretrievably broken down.

This change makes the divorce process less confrontational, allowing couples to separate amicably where possible.

The Divorce Process

  1. Application: The process begins with one or both spouses filing a divorce application online or by paper.
  2. Acknowledgment of Service: The respondent (the other spouse) is notified and must confirm they’ve received the application.
  3. Cooling-Off Period: A minimum of 20 weeks from the start of the process is required before you can apply for a conditional order (formerly decree nisi).
  4. Conditional Order: This is a formal statement that the court sees no reason why the marriage cannot end.
  5. Final Order: After an additional 6 weeks, you can apply for the final order (formerly decree absolute), which legally ends the marriage.

Financial and Child Arrangements

A divorce only ends the legal marriage—it does not automatically resolve financial matters or arrangements for children.

  • Financial Settlements: It’s important to agree on how assets, debts, pensions, and property will be divided. This can be formalized through a financial consent order.
  • Child Arrangements: Parents need to decide where the children will live, how they’ll spend time with each parent, and how decisions will be made regarding their welfare.

If agreements cannot be reached, mediation or court intervention may be necessary.

Cost of Divorce

The cost of divorce in the UK typically includes a £593 court fee (as of 2025). Additional costs may arise if further legal advice or representation is needed.

Why Seek Legal Advice?

While the no-fault divorce process is more straightforward than before, seeking legal advice can help ensure your rights are protected—particularly regarding finances or child arrangements. A solicitor can guide you through complex issues and ensure you achieve a fair outcome.

Conclusion

Divorce is a significant life change, but the process in the UK aims to simplify and reduce conflict where possible. Understanding your rights and the steps involved can help you navigate this challenging time with greater confidence. If you’re considering divorce, take time to seek advice and plan carefully to protect your future and that of your family.