Did you know that you can legally apply for a divorce online in England and Wales through the official UK government website? This means you don’t need to submit paper forms by post. Furthermore, since the introduction of no-fault divorce in April 2022, couples no longer need to assign blame or prove one of five legal grounds. Instead, one or both parties can simply state that the marriage has broken down irretrievably.
A divorce in the UK typically takes at least 6 to 7 months to complete. This includes a mandatory 20-week waiting (cooling-off) period before you can apply for your Conditional Order (used to be called a ‘decree nisi’), followed by a further 6 weeks and one day before you can apply for your Final Order (previously ‘decree absolute’).
It is important to note that the online divorce process does not include financial settlements or child arrangements. These are handled separately through additional applications to the court. If you and your spouse cannot agree on these matters, it is strongly advised to seek legal advice to ensure your rights and interests are protected.
How to apply for a divorce online
The online divorce process in England and Wales follows these key steps:
- Check your eligibility for divorce in England and Wales
- Decide if you want to make a joint or sole application
- Submit your divorce via the UK government portal
- Receive confirmation that your application has been issued
- Apply for a conditional order
- Apply for a final order to complete your divorce
Step 1. Check your eligibility for divorce in England and Wales
You can apply for a divorce in England and Wales if:
- Your marriage is legally recognised in the UK
- The relationship has irretrievably broken down
- You have been married for at least one year
Step 2. Decide if you want to make a joint application or a sole application
When completing your online divorce application, you must choose whether to apply jointly or solely. With a joint application, both you and your spouse apply together. This approach is often more cooperative and can make the process smoother. With a sole application for divorce, one person (the applicant) applies, and the other (the respondent) is served with the application. This is preferable if one spouse does not agree to a joint application, or communication may be challenging. Both options are available when applying for divorce online, but you must decide which applies before submitting your form.
Check our detailed explanation on Joint Divorce Application Pros and Cons
Step 3. Submit your divorce via the UK government portal
You can start your divorce application online through the official government portal. You will need to provide:
- Your full name and address, and those of your spouse
- Your original marriage certificate or a certified copy (and translation if it is not in English)
- Proof of any name change (e.g., deed poll or marriage certificate)
You will also need to give your spouse’s current address, as the court will need to send them a copy of the divorce papers. If you provide their email address, the papers will be sent electronically; otherwise, they will be posted.
If you don’t know your spouse’s current address, you can ask the court for permission to continue without serving them directly (see Form D13B, explained in the FAQs below).
Step 4. Divorce application ‘issued’
Once your online application has been submitted and processed, you will receive a notification confirming it has been issued and allocated a case number. If you made a sole application, your spouse will receive a copy and must reply by completing and returning the ‘acknowledgement of service’ form within 14 days. Check our article on How to Serve or Respond to Divorce Papers in the UK
For joint applications, both parties receive notifications and are asked to confirm receipt.
If your spouse disputes the divorce, they must complete an official ‘answer form’ with a valid legal reason. In most cases, it is not possible to dispute a divorce. The valid legal reasons for disputing a divorce are extremely limited (see the FAQ section for details).
Once the application is issued, a mandatory 20-week waiting period begins before you can move to the next step. This cooling-off period allows both parties to reflect and, where possible, resolve financial or childcare arrangements.
Step 5. Apply for a Conditional Order
After the 20-week waiting period ends, you can apply for a Conditional Order (formerly known as a ‘decree nisi’). This step confirms that the court is satisfied you are legally entitled to a divorce. If you applied online, this next step is also completed online.
Once you receive your Conditional Order, you can apply for a divorce Financial Order to formalise any agreement on money, property, or pensions. You can apply for a Financial Order online or by post, but it is important to seek legal help before doing so to ensure the order properly reflects your agreement.
Step 6. Apply for a Final Order to finalise your divorce
You must wait at least 43 days (six weeks and one day) from when your Conditional Order was issued before applying for a Final Order (previously known as a decree absolute). The Final Order legally ends your marriage.
If you applied as a sole applicant and do not apply for the Final Order, your spouse can do so after an additional 3 months (a total of around 4.5 months after the Conditional Order).
It is usually best to secure your Financial Order before applying for the final order, as finalising your divorce before sorting finances can affect your rights to property, inheritance, or pensions.
FAQs about UK online divorce
What if I Don’t Know My Spouse’s Current Address?
If you do not know your spouse’s current address, you can ask the court to allow the divorce to proceed without serving them directly. This is called a ‘dispensation of service’. In this scenario, you will need to use Form D13B to ask the court to dispense with service and explain the steps you have taken to try to find your spouse’s address.
What if my spouse disputes the divorce?
Your spouse can only dispute a divorce for very limited valid legal reasons, for example, if the court does not have jurisdiction, or if the marriage is not legally valid (i.e. you were not married in the first place). They cannot dispute the divorce simply because they do not want to get a divorce. If they wish to dispute the divorce, they must submit an ‘answer form’ explaining why they disagree. If there is a valid reason to dispute the divorce, the case may be referred to court for a hearing.
If your spouse does not respond or submit an answer form, you can still move forward and apply for a Conditional Order.
What can I do if my spouse does not respond to the divorce?
If your spouse does not reply to the court’s request for acknowledgement of service within 14 days, you can ask the court to continue the divorce without their response.
You may need to prove they received the application (for example, through a court-approved process server or by providing an email confirmation). If this is not possible, you can apply for dispensation of service using Form D13B so that your divorce can proceed.
Reference:
GOV.UK: Form D13B