Divorce in England & Wales - Overview

In this guide:

How to start a divorce in England and Wales
Minimum length of marriage
How much is the court fee?
Help with fees
Is legal aid available for divorce?
Can I claim a refund?

This guide has been prepared by a Resolution accredited family law solicitor. It aims to answer the questions people typically have when first coming to see a solicitor about a divorce.

The process of applying for a divorce has been simplified since 2022.

Before 2022 you were required to have been separated for 5 years before starting a divorce unless either

• • you both agreed to a divorce (in which case the minimum separation period was reduced to 2 years); or
  • one of you proved that the other had behaved unreasonably or committed adultery.

This has now changed. There is no longer any need to give a reason for the breakdown in the marriage.

Most people now use the government website to apply for a divorce, rather than go to a solicitor.

The information in this guide is written by a solicitor who specialises in divorce and the financial consequences of divorce and separation.

It will answer straightforward questions about the divorce process, including timescales and costs.

More detailed information can also be found other guides in the divorce series. For further information on financial orders, how to apply for a consent order and separation agreements, see the links to the rest of the guidance at the bottom of this page.

This guide is completely free. However, to help protect the copyright of the author, you will need to create a free account in order to read it.

If you find this overview of divorce useful but want more personal advice on the legal process, speak to a solicitor who is also a member of Resolution.

You can start a divorce:

• • • online on the .gov website or
    • by sending a paper application to the Divorce and Dissolution Service.

How long does the divorce process take?

A straightforward divorce takes around 9 months from start to finish.

There are 2 periods of reflection which in total last 6 months.

The other 3 months is the average time it takes for the court service to issue the process and approve the applications for the 2 divorce orders (conditional and final).

Divorce can take longer if:

* One spouse delays responding.
* There are disputes about finances, property, or children (these are dealt with separately from the divorce itself).
* Court backlogs cause delays.

What happens to money and property when you separate or divorce?

If you have joint property, you will need to decide whether to sell it or transfer it over to one of you.

If you have young children, you may want to postpone the sale.

Other assets, in separate names, including pensions, might also need to be divided to achieve fairness.

If you can’t decide between yourselves what is fair, you have options.

A mediation service may be able to help you talk about the issues and come to an agreement that way.

If mediation isn’t suitable or doesn’t work out, an independent family court judge can make a decision for you. Court decisions are binding.

In all cases, the sooner you start thinking about the financial impact of separation and divorce, the better.

Professional help can be expensive but not always. Often, what makes it expensive is

• when someone doesn’t want to be open about their financial circumstances; or
• when someone doesn’t really want to let go of the relationship or compromise.

A mediation service working with the support of a family law solicitor can help in this situation.

There is more information about finances on divorce and separation in our matrimonial financial guidance.

Court fees

Court fees are payable when you start a divorce.

There is a separate fee if you have to make another application as part of your divorce.

For example, if you need to apply for deemed service, you will pay an extra fee on top of the original court fee.

A fee is also payable for an order dividing your assets or making a clean break.

Help paying the court fee

If you are on a low income

• you may be eligible to pay a discounted court fee; or
• fully exempt.

Court Fee refunds

If you have paid a court fee within the last 3 months and were eligible at the time for exemption or to pay a discounted fee, you may be able to apply for a refund.

How much is the court fee?

The table below shows the most common court fees in connection with divorce.

You can find out more about fee exemption and apply for help with the court fee here.