On 6 April 2022 the administrative process of getting a divorce completely changed, as the law moved to a ‘no-fault’ based system. It is now much simpler than the previous nine-stage process.
This article summarises these stages of divorce in simple terms. The same stages apply for dissolution of a civil partnership.
While you can still apply for a divorce by post, HM Courts & Tribunals Service offers an online service to make the process faster and easier.
Divorce application and response
You cannot begin divorce proceedings until you have been married for at least a year.
The person seeking a divorce (the 'applicant') submits an application to the court (using a Form D8) declaring that the marriage has broken down irretrievably, and pays the £593 court fee.
Within 28 days the court sends a copy of the divorce application to your spouse (‘the respondent’) together with a ‘Notice of Proceedings’, and an ‘Acknowledgment of Service’ to complete and return to the court. This is all generally sent in an email and followed up by a letter.
The respondent has 14 days to return the Acknowledgment of Service. If the respondent declines to return it, a ‘process server’ can be instructed to serve the application to the respondent by hand and the process server then provides a statement confirming that the respondent has received the divorce papers.
Alternatively, you and your spouse can apply as joint applicants.
- The person who initiates the joint application is called applicant 1 and their spouse is called applicant 2.
- Applicant 1 pays the court fee and completes most of the application form.
- Applicant 1 sends the application to the court, which then sends it to applicant 2 to check and to add further information on the online court portal.
- The completed application is then sent to applicant 1 to approve before it is issued by the court.
- The court sends both applicants an Acknowledgment of Service to file.
- The applicants apply together for the conditional order and the final order (see below).
- You can switch from a joint application to a sole application at any time, for example if you feel that your spouse is unreasonably delaying progress.
(In the rare situation of a divorce being disputed - on the grounds that the marriage was not valid in the first place, or the UK court lacks jurisdiction to rule on the case - a respondent must file this answer with the court within 35 days of receiving the divorce application.)
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Divorce cooling off period
There is a 20-week cooling off period after the court has issued the application, before you can apply for a conditional order- which is the first stage of the divorce.
During this period you can work to resolve any financial arrangements, although any agreements made are not legally binding at this stage.
Conditional order
You (or you and your spouse jointly) apply for a conditional order. Once the court has checked that all the paperwork is in order, it will provide a date for the conditional order to be made.
The conditional order means that the court accepts that you will be able to divorce.
Final order
Six weeks and a day after the court makes the conditional order, you can apply to the court for a final order (either as a sole applicant or as joint applicants with your spouse).
This legally ends your marriage.
Note that these stages of divorce only cover the divorce itself - ie the ending of the marriage. You may also want the court to deal with financial issues and with arrangements for the children.
Divorce forms
Divorce application forms
Divorce application - D8. You ('the applicant') complete this form to apply for a divorce. The form sets out the details of who is getting divorced, and whether any children are involved. It has a section for declaring that the marriage has broken down irretrievably. You also need to send the court your original marriage certificate or a certified copy and a court fee.
Acknowledgement of service - D10. If your spouse has applied for a divorce, you ('the respondent') will be sent this along with a copy of the divorce application. You complete and return the form.
Application for a conditional order - D84. After the 20-week cooling off period, you use this form to ask for the conditional order to be granted. You also complete a form D80 confirming that the details given in the acknowledgement of service (D10) are true.
Application for a final order - D36. From six weeks after the conditional order has been granted, you use this form to apply for the final order, to complete the divorce process.
Divorce forms relating to financial settlements
Statement of information for a consent order - D81. If you have agreed financial arrangements between yourselves and want these to be made legally binding by a consent order, you can use this form. The form gives details of how much capital and income you each have and where each of you (and any children) will live.
Notice of an application for a financial order - Form A. This is the form commonly used to apply to the court for a financial order (eg for your former partner to pay you a lump sum or periodic maintenance payments, or to transfer ownership of the family home). You use this when you cannot negotiate an agreement between yourselves.
Notice of a first appointment - Form C. Sent to each of you by the court, giving you the date of your first appointment with the judge.
Financial statement - Form E. This form gives detailed information about your assets, debts, pension arrangements, income and financial needs. You complete this as part of applying to the court for a financial order and send it to each other before the first appointment. Couples with complicated finances or who know little about each other's financial position may also use this as part of negotiating their own arrangements.
Estimate of costs - Form H. You use this to keep the court up to date with your estimated costs (eg legal fees) when applying for a financial order.
Divorce forms relating to arrangements for children
Application for a child arrangements order - C100. This is the key form used in most cases. For example, you use this form to apply for a child arrangements order, if you want to stop the other parent doing something or if you want an order relating to a specific issue.
Allegations of harm and domestic violence – C1A. This form is used with the C100 in cases involving domestic violence or abuse.
Application for an order - C1. Used for applications relating to guardianship or parental responsibility.
More divorce forms and guidance notes can be found using the HM Courts and Tribunals service form finder.
