Filing for divorce: the process

How do I get a divorce? Our step-by-step guide explains what you need to do

It is easier to think of the divorce process as a series of steps, which we outline below.

Step 1

One person or both of you jointly start the divorce application.

You can do this in two ways – usually the application process takes place online, however you can apply through a paper application in some circumstances.

You do not need to give a reason for divorce or blame your spouse, with the new divorce law taking effect in 2022. Instead, you apply on the basis of the irretrievable breakdown of the marriage, which does not need to be proven under the new law.

Step 2

The court reviews your application

Once you have filled in your application, you will need to send it to the court, along with either your original marriage certificate or an official copy (which you can obtain from the local registrar for a small charge). You can find the address of your nearest divorce centre on the gov.uk website.

You will also need to pay a fee to apply for a divorce (this is currently £593). Remember that the application will not be issued without a payment being made.

Although it is the responsibility of the applicant(s) to pay the fee, people often agree with their spouse to share the costs (if they are aware the application is being filed at this stage).

If you are on a low income you may be able to get help with the fees, but you will need to make a separate application for this and produce details of your circumstances.

Once your application is issued, the 20-week “reflection” period begins.

Step 3

The court sends your spouse a copy of the application.

If you have chosen a sole application, your spouse will receive the application and will then need to acknowledge the application.

We recommend that you speak to your spouse in advance so they are aware of the reasons you have filed the application. This can help prevent a delay in acknowledgement, which in turn can lead to delays with the divorce process and sometimes incur additional costs.

Step 4

The court grants the conditional order.

If the court is satisfied with your application, the conditional order will be granted.

Step 5

You apply for the final order

Six weeks and a day after your conditional order is granted, you as the applicant are able to apply for the final order (the legal document that officially dissolves your marriage).

At Mayo Wynne Baxter we generally recommend waiting to apply for the final order until any finances or financial agreements relating to your divorce are concluded. Read our advice about settling your finances [link to new Finances page] during a divorce for more information.

Step 6

The court grants the final order

Once the final order is granted you are officially divorced and legally able to remarry if you choose to.

Help with filing for divorce – contact our divorce solicitors today

Going through a divorce or separation can be one of the most stressful periods in your life. If you are unsure of what the divorce process is, or how it works in practice, then the whole thing can feel very overwhelming.

At Mayo Wynne Baxter we’re here to help you through it. Contact our divorce law team if you have any questions.