Thinking about divorce can feel overwhelming, but the legal steps are clear and manageable when you break them down. This guide walks you through each stage in plain English so you know what to do, when to do it, and what to expect.

You will learn:

• The 7 key steps to start and complete a divorce in England and Wales

• What documents you need at each stage

• How long things usually take and what it may cost

• When you may need extra help and when you can handle things yourself

If you read this from start to finish, you will understand the whole process from application to final order.

Table of contents

1. Understand the legal basics of divorce

2. Check if you can use the no‑fault divorce system

3. Prepare your information and documents

4. Submit your divorce application (Step 1–3)

5. Progress the case to conditional and final orders (Step 4–7)

6. Sort out money, property, and child arrangements

7. Review checks before you file or finalise your divorce

8. When to get extra help (and a quick way to do it)
   
   

1. Understand the legal basics of divorce

In England and Wales, divorce is the legal process that ends a marriage. It does not automatically sort out:

• Money and property (you usually need a separate financial order)

• Child arrangements (where children live and when they see each parent)

Key basics:

• Jurisdiction: At least one spouse must have a strong connection to England or Wales (domicile or habitual residence).

• Marriage length: You must have been married for at least 12 months before you can apply.

• Civil partnerships: These follow a similar but slightly different process (dissolution).
  
  

2. Check if you can use the no‑fault divorce system

Since April 2022, England and Wales use a no‑fault divorce system. You do not have to prove adultery, unreasonable behaviour, or any other “grounds.” Instead, you simply state that the marriage has broken down irretrievably—no evidence or blame is required.

You can:

• Apply alone (sole application), or

• Apply together (joint application), which can feel more cooperative.

You generally can use the system if:

• Your marriage is legally recognised in the UK

• At least one of you lives in or has a strong connection to England or Wales

• You have been married for at least one year

Disputes about the divorce itself are now rare and only possible in very limited circumstances (such as jurisdiction or validity of the marriage).

3. Prepare your information and documents

Before you apply, gather everything you need. This avoids delays and repeated requests from the court.

You will usually need:

• Marriage certificate (original or certified copy)
  If it is not in English, you will need an official translation.

• Full names and addresses of both spouses

• Date and place of marriage

• Details of any children (names and dates of birth)

• Proof of name changes if your name is different from your marriage certificate

• Bank card or help with fees reference for the court fee

If you cannot find your marriage certificate, you can order a replacement from the General Register Office or relevant local authority.

4. Submit your divorce application (Steps 1–3)

Step 1: Decide between a joint or sole application

• Joint application: You apply together, share information, and agree on timings. This can reduce conflict.

• Sole application: One person applies and serves the application on the other.

Step 2: Complete the application form You can usually apply online using the government service, or by post using Form D8.

You will:

• Confirm that your marriage has broken down irretrievably (no need to give a reason)

• Provide personal details for both of you

• Attach a scan or photo of your marriage certificate (online) or a copy (post)

• Confirm whether there are any ongoing related proceedings

Step 3: Pay the court fee or apply for help with fees

• The standard court fee is set by the government and can change, so always check the latest amount.

• If you are on a low income or benefits, you may be able to apply for Help with Fees.

Once the application and fee are submitted, the court will issue the application and send papers to your spouse (for a sole application) or both of you (for a joint application).

5. Progress the case to conditional and final orders (Steps 4–7)

Step 4: Acknowledgement of Service (AOS) If it is a sole application, your spouse will receive the divorce papers and usually has 14 days to respond by completing an Acknowledgement of Service. They can:

• Confirm they have received the application

• State whether they intend to dispute the divorce (this is now very rare and only possible in limited circumstances)

For joint applications, both of you will confirm details through the online service or by post.

Step 5: Apply for the conditional order After a minimum waiting period from issue of the application, you can apply for a conditional order (formerly called decree nisi).

The court checks your paperwork. If everything is in order, a judge sets a date to pronounce the conditional order. This confirms the court agrees that the marriage has broken down, but you are not yet legally divorced.

Step 6: Cooling‑off period There is a mandatory period between the conditional order and the final order. This gives you time to:

• Finalise financial arrangements

• Agree child arrangements

• Make sure both of you understand the consequences of the divorce

Step 7: Apply for the final order After the waiting period, you (or both of you in a joint application) can apply for the final order (formerly decree absolute).

When the final order is granted:

• Your marriage is legally ended

• You are free to remarry, if you wish

Keep a copy of the final order in a safe place – you may need it for future legal or financial steps.

Typical timelines and common delays

• The period from issuing the application to conditional order can take several months once court processing times are included.

• The gap between conditional order and final order is subject to a legal minimum, but in practice people often wait longer while they sort out finances.

Common causes of delay include:

• Problems serving papers on the other spouse

• Disagreements about how to split money or pensions

• Court backlogs or missing information on forms
  
  

6. Sort out money, property, and child arrangements

Divorce ends the marriage but does not automatically sort out finances or children.

Financial arrangements You may need a financial order to deal with:

• Property (including the family home)

• Savings and investments

• Pensions

• Debts

Many couples agree terms between themselves or through mediation and then ask the court to make a consent order. Others need more formal negotiations or court proceedings.

Child arrangements You should try to agree:

• Where children will live

• How they will spend time with each parent

• How you will make important decisions (schooling, health, religion)

Written parenting plans can help reduce conflict and give children stability.

If you already have an order from the court or a detailed parenting plan, it is worth reading it again carefully before you apply for the final order so you understand what is already in place and what may still need attention.

7. Review checks before you file or finalise your divorce

Use these checks before you apply or move to the next stage.

Before you apply:

• Confirm you meet the 12‑month marriage requirement and jurisdiction rules.

• Make sure names and dates on your application match your marriage certificate.

• Check you have your marriage certificate or a certified copy.

Before applying for the final order:

• Confirm you have taken advice on finances and pensions, if needed.

• Make sure any financial agreement is recorded in a court order if appropriate.

• Consider updating your will, life insurance, and nominations.
  
  

8. When to get extra help (Caira can help!)

You do not always need a solicitor for every step, but professional guidance can help when:

• You own property, pensions, or run a business

• You disagree about children or finances

• There is a history of domestic abuse or controlling behaviour

• There are international elements (marriage abroad, assets overseas)

If you want to understand your options in simple language before spending money on full representation, you can use Caira, an AI‑powered legal assistant built for England and Wales.

With Caira you can:

• Upload court forms, solicitor letters, draft statements, financial disclosure and even photos or screenshots of documents.

• Ask focused questions about where you are in the divorce process and what the next realistic step might be.

• Get plain‑English explanations and draft emails or statements in seconds, any time of day.

Caira is powered by generative AI but is privacy‑first – your documents are not used to train public models or sent for third‑party review. Behind the scenes it reads a large library of more than 10,000 legal and tax documents for England and Wales, as well as the files you upload, to give context‑aware answers.

You can try Caira with a free 14‑day trial that takes under a minute to start and does not require a credit card. After that it is a low‑cost, affordable service (around the price of a cheap takeaway each month) at £15/month, available 24/7 on your phone, tablet or laptop.