The Law of Divorce in the UK: Legal Grounds, Process and What to Expect
The law of divorce differs across the UK. In England and Wales, the only legal ground is that the marriage has broken down irretrievably. You no longer need to prove fault, and a statement confirming the breakdown is sufficient. Couples must normally have been married for at least one year, and the divorce process has a minimum statutory timetable of 26 weeks and one day. Scotland and Northern Ireland operate different systems, retaining separation and fault-based grounds.
This guide explains the main differences before examining the England and Wales divorce process, including eligibility, court applications, financial arrangements, children and legal costs.
How the law of divorce differs across the UK
Divorce legislation and procedures vary depending on which UK jurisdiction has authority to deal with the marriage.
England and Wales | Scotland | Northern Ireland | |
Legal basis | Matrimonial Causes Act 1973, amended by the Divorce, Dissolution and Separation Act 2020 | Divorce (Scotland) Act 1976 | Matrimonial Causes (Northern Ireland) Order 1978 |
What you must show | Irretrievable breakdown confirmed through a statement | Irretrievable breakdown established through adultery, behaviour, one year's separation with consent or two years' separation without consent | Irretrievable breakdown established through adultery, behaviour, two years' desertion, two years' separation with consent or five years' separation without consent |
Joint application | Yes | No equivalent joint no-fault application procedure | No equivalent joint no-fault application procedure |
Minimum marriage duration | One year | No equivalent statutory one-year bar | Generally two years, subject to exceptional hardship or depravity provisions |
Northern Ireland continues to require evidence of one of the statutory facts demonstrating irretrievable breakdown. Proposals to introduce no-fault divorce have not yet changed the existing legislation.
For jurisdiction-specific procedures, consult the official guidance for Scotland and Northern Ireland.
The following sections focus on England and Wales.
The legal ground for divorce in England and Wales
Since 6 April 2022, the only legal ground for divorce has been the irretrievable breakdown of the marriage.
Under the Divorce, Dissolution and Separation Act 2020, the applicant provides a statement confirming that breakdown.
The court must treat the statement as conclusive evidence. However, a divorce order remains subject to the necessary jurisdictional, procedural and legal requirements.
Applicants no longer need to establish adultery, unreasonable behaviour, desertion or a period of separation.
The legislation also changed the terminology used throughout divorce proceedings.
A petitioner is now called an applicant, a decree nisi is a conditional order, and a decree absolute is a final order.
Our guide to the legal process for no-fault divorce explains these changes.
Before April 2022 | Since April 2022 |
Five facts established irretrievable breakdown, including adultery, behaviour and separation | One ground, established through a statement of irretrievable breakdown |
One spouse petitioned against the other | Sole or joint applications are permitted |
Divorce could be contested on substantive grounds | Challenges are restricted to limited legal grounds |
Decree nisi and decree absolute | Conditional order and final order |
Who can apply?
According to GOV.UK, you can normally apply for divorce in England or Wales when:
You have been married for at least one year.
Your marriage has permanently broken down.
Your marriage is legally recognised in the UK, including a legally recognised same-sex marriage.
The courts of England and Wales have jurisdiction to hear your application.
Civil partners follow a comparable procedure called dissolution.
If you have been married for less than one year, judicial separation or annulment may be available, depending on your circumstances.
Some religious ceremonies do not create legally recognised marriages unless the required formalities have been satisfied.
Where you married overseas or have connections with several countries, jurisdiction can become particularly important.
Our guide to international divorce cases explains the relevant considerations.
Can your spouse stop the divorce?
A spouse cannot prevent a divorce simply because they disagree that the relationship has broken down.
Once the required statement has been provided, the court cannot generally investigate whether the marriage has actually ended emotionally or practically.
However, proceedings may still be challenged on limited legal grounds, including jurisdiction, the validity or existence of the marriage and certain procedural issues.
Financial disagreements do not ordinarily prevent the divorce itself.
Applications can be made by one spouse or jointly. Joint applications may be suitable for couples who agree to divorce and wish to manage the process together.
If cooperation breaks down, a joint applicant may be able to continue the proceedings individually at a later stage.
The divorce timeline
Divorce proceedings in England and Wales follow a statutory timetable.
Stage | What happens |
Application issued | The court issues the application and the 20-week waiting period begins |
20 weeks | The applicant can apply for a conditional order |
Conditional order | The court confirms entitlement to divorce, subject to completing the process |
Six weeks and one day later | The applicant can normally apply for the final order |
Final order | The marriage legally ends |
The earliest possible completion is approximately 26 weeks and one day after the application is issued. However, court processing, service difficulties and outstanding applications can extend the process.
The 20-week period provides time to consider arrangements and address practical issues before progressing.
As GOV.UK explains, applicants who delay applying for the final order for more than 12 months after the conditional order must provide an explanation.
In a sole application, the respondent may apply for the final order after an additional three months if the applicant has not done so.
Our guides to the legal timeline for divorce and the divorce process in the UK explain each stage.
The current divorce application fee is £628. Eligible applicants on low incomes or receiving qualifying benefits may obtain help with court fees.
Finances are not settled by the divorce itself
A final divorce order legally ends the marriage, but it does not automatically resolve financial claims between former spouses.
Property, savings, pensions, debts and maintenance may still need addressing through a separate financial settlement. Where spouses agree, they can ask the court to approve a consent order, making the agreed financial arrangements legally binding.
The current application fee for a financial consent order is £62.
GOV.UK confirms that the court cannot approve a financial consent order before the conditional order has been made.
It is generally advisable to resolve finances before applying for the final divorce order, particularly where pension rights or inheritance consequences may be affected. However, financial orders can sometimes be pursued after divorce, subject to applicable restrictions.
Our guides to dividing property and finances and spousal maintenance explain the relevant factors.
Our conveyancing solicitors can also assist where property transfers or sales form part of a settlement.
Documents and arrangements to update after divorce
Divorce can affect several existing legal and financial arrangements.
Your will. Divorce does not automatically revoke a will, but provisions benefiting or appointing a former spouse are generally treated as though that person had died. Our wills and probate team can help review your arrangements.
Lasting powers of attorney. Divorce generally terminates a former spouse's appointment as attorney, subject to statutory exceptions. Review any power of attorney documents.
Pensions and insurance. Check death benefit nominations, beneficiary details and relevant financial arrangements.
Immigration status. Where permission depends on a relationship, separation or divorce may affect immigration rights. Read our guide to immigration status after a divorce and seek advice from our immigration team.
Children are decided separately
Divorce does not automatically determine where children live or how frequently they spend time with each parent.
Parents are encouraged to agree suitable arrangements wherever possible, focusing on the children's welfare.
Where agreement is impossible, the court may make a child arrangements order.
Applicants generally need to attend a Mediation Information and Assessment Meeting before certain court applications, unless an exemption applies.
Exemptions can include qualifying domestic abuse circumstances and other specified situations.
Our 2026 guide to child arrangements explains the legal framework. Our article on the impact of divorce on children examines further considerations.
Does fault still matter?
Fault is no longer necessary to establish grounds for divorce in England and Wales. However, conduct can occasionally influence financial proceedings where it would be inequitable for the court to disregard it.
Ordinary marital misconduct rarely changes how assets are divided.
Our article on adultery in divorce cases explains its limited legal relevance.
Where abuse has occurred, our guide to domestic abuse and divorce proceedings explains potential protections.
Keeping it out of court
Although the divorce itself is generally straightforward, disagreements about finances and children can remain difficult.
Mediation may help couples resolve disputes without contested court proceedings.
Similarly, collaborative law allows parties to negotiate with professional support.
Where litigation becomes necessary, our guide to legal representation in contested divorces explains the benefits of appropriate advice.
Reform to watch
The Ministry of Justice consultation, A fairer end to relationships, opened on 5 June 2026 and closed on 14 August 2026.
It considered reforms to financial arrangements on divorce, protections for separating cohabiting couples and inheritance provision for cohabitants.
The Government has not yet implemented the proposed framework, so existing law continues to apply.
Our overview of the 2026 family law reforms discusses the proposals.
Our guide on cohabiting couples explains current rights for unmarried partners.
Frequently asked questions
Do I need a reason to get divorced in England and Wales?
You only need to state that the marriage has broken down irretrievably. The court treats that statement as conclusive evidence of breakdown.
How long does a divorce take?
The statutory minimum is 26 weeks and one day, comprising 20 weeks before the conditional order application and another six weeks and one day before the final order. Actual proceedings may take longer.
How much does a divorce cost?
The current court application fee is £628. Applying for a financial consent order costs £62. Solicitors' fees and other expenses are separate.
Can I get divorced if I have been married for less than a year?
No. In England and Wales, divorce applications cannot normally be made during the first year of marriage. Judicial separation or annulment may be available.
What if we were never married?
Cohabiting couples cannot divorce. However, property rights, financial claims relating to children and other legal remedies may still apply.
Talk to a family solicitor before you apply
Although the legal divorce process is relatively straightforward, decisions about children, property, pensions and financial settlements can have lasting consequences.
Athi Law's family law solicitors advise on divorce and financial matters across Sheffield, Dronfield and West Bromwich.
Our guides on what to expect at a first meeting with a divorce solicitor and choosing the right divorce solicitor can help you prepare.
Contact our team to discuss your circumstances and available options.
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