Divorce

In the UK, there is only one ground for divorce: that the marriage has irretrievably broken down.

The Divorce, Dissolution and Separation Act 2020, implemented in April 2022, introduced ‘no-fault’ divorces. Since then, divorcing couples only have to confirm that their marriage has irretrievably broken down; they do not need to explain why this is the case.

Previously, one of five reasons had to be given to prove the breakdown of the marriage, but this is no longer needed. These reasons were:

• Adultery
• Unreasonable behaviour
• Desertion
• Two years’ separation with consent
• Five years’ separation without consent

In most cases, no: the majority of divorces can be resolved amicably without going to court. You will also be encouraged to use alternative dispute resolution methods, such as mediation, to come to an agreement before resorting to court. This will save you time and expense. 

Typically, the only reason a divorce will reach court is if disputes over children or finances cannot be resolved otherwise.

It’s true that the divorce application must be filed with the court, but you can do so online and do not need to attend court to do this.

Divorce in England and Wales follows five stages:

• Application: One or both spouses apply to the court. The fee is £612. You do not need to provide reasons beyond stating the marriage has broken down.
• Response: With a sole application, the other person has 14 days to acknowledge receipt of the papers.
• 20-week waiting period: A mandatory reflection period, and usually the best time to work on financial and child arrangements.
• Conditional Order: The court confirms you are legally entitled to divorce. This is the stage at which financial settlements can be formally approved.
• Final Order: Applied for at least six weeks after the Conditional Order. Once granted, the marriage is legally ended and you’re free to remarry.

The minimum timeline is around six to seven months, though cases involving complex finances or disputed child arrangements can take longer.

Click here to read our full guide to divorce.

No. Since the introduction of no-fault divorce in April 2022, a spouse cannot refuse or block a divorce in England and Wales simply because they do not want it to happen. The court will accept one person’s statement that the marriage has broken down irretrievably and allow the divorce to proceed, regardless of whether the other person agrees.

A spouse can only challenge a divorce on very narrow legal grounds, such as disputing whether the marriage is legally valid, whether England and Wales is the correct jurisdiction, or whether the marriage has already been ended. They cannot challenge it simply because they disagree with the decision.

So, in practice, if you want a divorce, you will get one.

The court fee to apply for a divorce in England and Wales is £612. This is a fixed government fee and applies to every divorce application.
Beyond that, the total cost of divorce depends on your circumstances:

• If you reach a financial agreement, you will also need a Consent Order to make it legally binding, which carries an additional court fee of £60, plus your solicitor’s fees for drafting it.
• If financial matters go to court, there is an additional court fee of £313, and solicitor’s costs increase significantly as proceedings become more contested.
• If you use mediation, this is usually considerably cheaper than court and can help you reach an agreement on finances and child arrangements more quickly.

Solicitor fees vary depending on the complexity of your case, how cooperative both parties are, and how much needs to be resolved. A straightforward, amicable divorce will always cost less than a contested one. The most effective way to keep costs down is to reach an agreement on financial and child matters without going to court. Our divorce solicitors will always work towards that outcome with you wherever possible.

The minimum timeline for a divorce in England and Wales is around six to seven months. This is because the law builds in two mandatory waiting periods:

• 20 weeks must pass between the divorce application being issued and applying for the Conditional Order
• A further six weeks and one day must pass between the Conditional Order and the Final Order

These waiting periods apply to every divorce, regardless of how straightforward or amicable it is. In practice, most divorces take longer than the minimum. The most common reasons are:

• Financial negotiations: reaching and formalising a financial settlement often takes longer than the divorce itself, particularly where pensions, property, or business interests are involved.
• Child arrangements: agreeing on where children will live and how much time they spend with each parent can extend the process if parents cannot reach an agreement quickly.
• Delays in gathering information: financial disclosure requires both parties to provide full details of their income, assets, debts, and pensions, which can take time to put together.

The divorce itself and the financial settlement run in parallel. It is common for the financial side to take considerably longer, and in complex cases it can run to a year or more.

The best way to keep your divorce on track is to take early legal advice, start gathering financial information as soon as possible, and work towards an agreement rather than conflict wherever you can.