Posted by Mark Kosmin, Partner & Georgina Stavrou, Partner
The breakdown of a marriage and the thought of applying for a divorce can be daunting and confusing. Our highly experienced matrimonial team have put together a series of FAQs about divorce in the hope that this will provide some clarity about applying for a divorce in England and Wales.
The questions below address only some of the frequently asked questions about divorce. If you are looking for more tailored matrimonial legal advice based on your individual circumstances, please contact our specialist family lawyers on 020 7935 3522.
Q: How long do I need to have been married before I can apply for a divorce?
A: You will need to have been married for 1 year to be able to apply to Court for a divorce in England and Wales. This is known as the ‘one-year rule’.
The one-year rule does not prohibit you from obtaining legal advice sooner if your marriage has broken down within the first year. It is worthwhile obtaining legal advice on the options that may be available to you in the interim until you are able to apply for a divorce.
Q: I am a UK passport holder, does this mean I am entitled to apply for a divorce in England and Wales?
A: Being a UK passport holder does not automatically entitle someone to apply for a divorce in England and Wales, as the Court’s jurisdiction is based on where the applicant and respondent are habitually resident and/or domiciled. Jurisdiction can be problematic and so it is best to seek expert legal advice before making an application to the Court.
Q: Can my spouse and I apply for the divorce jointly?
A: Yes. A divorce application can either be made jointly by both spouses, or solely by one spouse. Where there is a joint application both parties will be referred to as the applicants. For an application made solely by one spouse, the party making the application will be referred to as the applicant and the other party will be the respondent. Although joint applications are now available and are often encouraged, there may be circumstances where it would be inappropriate to make a joint application. You should therefore obtain advice before deciding which route you wish to take.
Q: What does a no-fault divorce mean?
A: No-fault divorce began in England and Wales in April 2022. Since then, when applying for a divorce, the applicant(s) must state to the court that the marriage has irretrievably broken down. No other information as to what or who caused the marriage to breakdown is required in order for the divorce to proceed.
Q: My spouse has applied for a divorce; can I contest the application?
A: Following the introduction of no-fault divorce in April 2022, contesting a divorce application has become more difficult. A party can only contest a divorce application in very limited circumstances; namely, that the court doesn’t have jurisdiction, or the validity of the marriage, or because the marriage has already ended. If any of these situations apply, then urgent legal advice should be obtained.
Q: When does the divorce 20-week waiting period start and can I bypass it?
A: The period starts from the date that the divorce application is issued by the Court. It is a mandatory waiting period for reflection and cannot be bypassed. However, some parties choose to use the period to try to sort out financial and child arrangements (where appropriate).
Q: How much does a divorce cost?
A: The Court fee to apply for a divorce in England and Wales is currently £612 (since April 2025). However, there are separate Court fees for applications concerning finances and for children. Depending on your financial circumstances, it may be possible to obtain help to pay the court fees.
If you decide to instruct a solicitor to deal with the divorce, the solicitor will charge for this work, which will be in addition to the court fee for the divorce application itself. Legal representation would almost certainly be necessary if the matter is likely to be complicated; for example, where there is likely to be a dispute over the court’s jurisdiction, or where a respondent is going to be difficult to locate. Please contact us for details of our charges in connection with a divorce.
Q: What’s the difference between a Conditional Order and a Final Order in divorce?
A: The Conditional Order in a divorce (which used to be known as the decree nisi) is the first order that the Court will usually make and confirms that the court is satisfied that the marriage has irretrievably broken down. However, the Conditional Order does not end the marriage. In order to end the marriage, it is necessary to obtain the Final Order (which used to be known as the decree absolute). It is not possible for an applicant to apply for the Final Order until at least six weeks have elapsed from the date of the Conditional Order. A respondent can also apply for the Final Order, but has to wait for a further three months from the time the applicant could have applied. However, applying for the Final Order is frequently delayed whilst the parties sort out the financial arrangements arising out of their divorce. Once the Court has made the Final Order, the parties are divorced.
Q: Does obtaining the Final Order in the divorce also provide me with a financial clean break?
A: No. You will need to obtain a separate financial order dealing with the financial arrangements and whether a clean break is actually possible will depend on the particular circumstances of your case. Also, obtaining the Final Order in the divorce will not by itself prevent your spouse from making a financial claim in the future.
Q: Must I attend mediation to sort out the financial arrangements on divorce?
A: No, you don’t because mediation is not mandatory in family cases. However, parties are strongly encouraged to consider all forms of non-court dispute resolution (NCDR), which includes mediation, to resolve financial arrangements on divorce, instead of using contested Court proceedings. Since April 2024, the Court has been able to make a costs order against a party who has failed to engaged in NCDR without good reason.
Before making an application to the Court to resolve financial arrangements, parties are usually required to attend a Mediation Information and Assessment Meeting (MIAM) with an accredited family mediator. There are limited exemptions from the requirement to attend a MIAM; for example domestic abuse, or urgency. You should obtain advice from the outset so that you have a clear understanding of your NCDR options.
September 2025