Eligibility and Process of Divorce in the UK: 2025 Guide

Choosing to end your marriage can be an emotionally fraught and confusing time. Understanding the divorce process
is essential for making the transition as stress free as possible, and enlisting legal help can be vital for navigating the legal complexities of divorce and ensuring that the application is watertight, mitigating the risk of any issues further down the line.
Read on to discover the divorce eligibility criteria for the UK and what’s involved in the divorce process, including timelines, legal advice
and fees.

Eligibility to get a divorce in the UK: Key requirements and legal grounds (2025)

Legal grounds for divorce in the UK

• The ‘irretrievable breakdown’ of a marriage is the sole ground for divorce in the UK and represents a permanent separation with no chance of reconciliation.
• There’s no longer a requirement to attribute fault when applying for a divorce in 2025: the introduction of ‘no fault divorces has made it easier for couples to dissolve their marriage.

Divorce eligibility criteria in the UK

There are several requirements you must satisfy to apply for a divorce:

• You must have been married for at least one year
• The marriage must have broken down permanently
• You must adhere to residency and jurisdiction rules. The requirements for England and Wales are different to Scotland and Northern Ireland: the latter two require evidence of the irretrievable breakdown of the marriage – adultery, for example.

International residency is also a consideration. It’s possible to apply for a divorce while living abroad so long as the marriage is legally recognised in the UK, you or your spouse have a sufficient connection to the UK (i.e. one of you still lives there) and you have legal ties, such as you pay your taxes there).

Who can file for divorce in the UK?

You must decide if you wish to make a sole or joint divorce application. The divorce process takes on average 7 months, regardless of application type, and you can apply for a divorce online or by post.

To make a joint application, you must both agree to the divorce and neither party should be at risk of domestic abuse. If one party ceases to respond to the divorce proceedings, the other party can continue the application as a sole applicant.

To make a sole application, the divorce must be disputed by your spouse, or you must have a strong belief that your spouse will not cooperate or respond to court notifications.

Foreign nationals and non-UK citizens can apply to divorce in the UK if:

• One or both parties have residence status in England and Wales.
• Their last habitual residence was in the UK, and one party still lives there

Residence status and habitual residence are complex legal concepts, so it’s advisable to seek advice from a divorce specialist before starting any divorce proceedings.

Preparing for divorce in the UK: A step-by-step guide

Key documents you need to get a divorce

An original or certified copy of your marriage licence must be produced to instigate divorce proceedings. Proof of identification and proof of residence are also required, as well as any financial statements relevant to financial negotiation.

Understanding financial and legal implications

Division of marital assets: How the marital assets are distributed should ideally be decided upon by the two parties. If an agreement can’t be reached however, a solicitor should be consulted and a court can make the decision instead.

If a couple have been married for a long period of time, the ‘yardstick of equality’ is applied and a 50/50 split of marital property is typically decreed. In short-marriage cases, the court will usually look at the pre-marital assets of each party.

Spousal maintenance: Financial payments can be made from one spouse to another following a divorce, designed to help the financially weaker party maintain an acceptable standard of living. It’s typically paid monthly, but can be paid at specified intervals and for a specified amount of time.

If both parties cannot agree on an amount to be paid, the court will decide, considering both spouses’ income and any dependent children.

Child maintenance: If a divorcing couple has children and they cannot agree a fair amount to be paid from one spouse to the main caregiver, the child maintenance service may become involved.

The amount is then calculated by considering the payer’s income and the number of children they are responsible for, including those from other relationships. If a spouse does not meet these payments, further legal action may be taken.

Exploring mediation and counselling options

Mediation involves both parties sitting down with an impartial person to discuss outcomes, including fees and property division, following their divorce. The ‘mediator’ won’t make suggestions but rather guide the conversation to help the spouses arrive at an agreement.

The benefits of mediation for resolving disputes are multiple: the cost is significantly lower than for a traditional court process, parties are encouraged to amicably reach a mutually agreed conclusion, and it is typically quicker than legal proceedings, often being concluded in a few hours. Divorce mediation is not required by law in 2025, but is a positive alternative to a potentially lengthy court process.

There are exceptions where mediation is not advised and may be unsafe, such as where domestic abuse has been a factor or for urgent cases that require a quick decision.

Divorce process in the UK (2025)

How to file for divorce online or by paper application

To start divorce proceedings the application process, you will need the following:

• Your and your spouse’s full name and address
• An original or certified copy of your marriage licence
• Proof of your name change since marriage, if applicable
• If you can provide an email address for your spouse, the divorce application will be sent to them online; if not, it will be sent to their home address.
• Fill in a Divorce Application form D8 to begin the process. (Citizen’s Advice can assist you in completing the form if required). You can do this online or by downloading the relevant forms on the Gov.UK website and sending them to HMCTS Divorce and Dissolution service, PO Box 13226, Harlow, CM20 9UG.
• You will need information about yourself and the respondent, the marriage or civil partnership, jurisdiction and to provide a statement of irretrievable breakdown.

Divorce Fees: There is a £593 cost to apply for a divorce. The way you pay depends on how you apply, and you may be eligible for help with paying the fee.

If the application for help is made online, a digital reference number is provided, and this can be given with your divorce application to prevent the fee being required upfront; if you apply for help by post, you will need to provide the form alongside your divorce application. A decision will then be made on any financial assistance.

Serving the divorce application

If making a sole divorce application, you may choose to instruct a solicitor to write to your spouse about the divorce application. They can then instruct their solicitor if applicable.

Once an application has been made, it will be checked for accuracy and then you will be sent:

• a notice that your application has been issued (sent out)
• a copy of your application stamped by HMCTS

Your spouse will receive the application, along with an ‘acknowledgement of service’ notification.

If making a joint divorce application, you’ll receive the following:

• a notice that your application has been issued (sent out)
• a copy of your application stamped by HM Courts and Tribunals Service (HMCTS)
• an ‘acknowledge receipt’

Acknowledgement of service: Next steps in the process

Your spouse must respond to the acknowledgement of service within 14 days, stating whether they agree with or intend to dispute the divorce.

If your spouse agrees with the divorce

If the divorce is uncontested, you can continue with the process by applying for a ‘conditional order’. You’ll both need to wait 20 weeks following the divorce application being issued before moving to the next stage.

If your spouse disputes the divorce

If the divorce is contested, your spouse will need to provide a genuine legal reason for why. You may need to go to court to proceed with the application.

If no response is received, you can still apply for a conditional order. The court will advise you on the next steps. You may be required to prove that the application has been received by your spouse, producing emails, text messages, and so on.

Applying for a conditional order (formerly ‘decree nisi’)

A conditional order is a legal document that confirms a couple’s eligibility to divorce. You can apply for it online or by post. If the court issued your application before 6 April 2022, you can apply for a decree nisi, and you’ll need to complete a statement confirming what you said in your original application as well as attach a copy of your spouse’s response to the application.

If the judge agrees to the conditional order, which can take several weeks, the court will send you a certificate confirming the time and date the order will be granted. You will need to wait 43 days thereafter to apply to formally end the marriage.

Finalising your divorce with a final order (formerly ‘decree absolute’)

You will need to wait 43 days after the conditional order is granted to apply for a ‘final order’ to formally end the marriage (a decree absolute if your marriage application was granted prior to 6 April 2022). Note that the final order must be applied for within 12 months of receiving the conditional order, or you may be required to justify the delay to the court.

If a judge agrees to the final order, you and your spouse will receive copies. You’re then no longer legally married and free to remarry if you wish.

Financial settlements and child custody after divorce

Reaching a financial settlement after divorce

You and your spouse should agree on how the marital assets (and debts) are divided. These assets include:

• Pensions
• Properties
• Investments
• Savings

If you agree, you can apply for a consent order (£58) to make your arrangement legally binding.

Mediation is an option to help reach a decision, but the courts can ultimately decree how assets are divided by issuing a ‘financial order’ (£303). In the UK, the judge considers various factors, including the spouses’ age, (dis)ability status, living expenses, ability to earn and dependent children.

Child custody and parenting arrangements in the UK

Again, ideally, both parties should agree on custody and visitation arrangements following divorce, creating a ‘parenting plan’. Any agreement should consider their living arrangements, healthcare, finances and education.

If an agreement cannot be reached, a legally enforceable ‘child arrangement order’ can be issued by the family courts, considering the child’s best interests.

Updating your legal documents after divorce

Changing your name is possible if you wish to revert to your birth name. A final order (or decree absolute) and marriage certificate is often required to update your official records.

Updating your will, bank accounts and legal agreements is imperative. There are many other entities you will need to update outside of these, including, but not limited to, the Passport Office, DVLA, your employer and the local council.

Support for divorce in the UK: Legal and financial options: Hiring a divorce solicitor in the UK

Divorce solicitors can help with streamlining the divorce process, explaining your options and protecting your interests.

Many legal specialists offer a free, no-obligation introductory consultation, and you may be entitled to financial help with court and solicitor fees, so be sure to check your eligibility. Above all, ask for personal recommendations and read reviews to ensure that you find a divorce expert that is the right advocate for you.

Divorce solicitors are experts in their field and primed to answer any questions you may have, guiding you through the process to make it as stress free and smooth as possible.