DIY (do-it-yourself) divorce or dissolution

This is where you and your ex-partner (husband, wife or civil partner) go through the divorce or dissolution process with little or no help from a solicitor.

It’s important to understand what’s meant by ‘divorce’ or ‘dissolution’, especially if you’re planning to do your own.

Divorce or dissolution is often used as a general term to mean everything to do with a relationship breaking down. This includes:

• formally ending the marriage or civil partnership
• dividing the family’s finances
• making arrangements for any children.

A divorce or dissolution means the legal process of ending a marriage or civil partnership that is legally recognised in the UK. There is a specific procedure to follow.

This is straightforward in most cases. Many people arrange their own divorce or dissolution with little or no legal advice.

But there can be problems. Most are to do with dividing up the family’s finances.

Working out your own financial agreement, with or without professional support, can seem the cheapest and easiest way to a settlement. But it can be complex and there are many things you and your husband, wife or partner will need to consider.

It might be helpful to have at least one safety check meeting with a specialist family lawyer. This will help you understand your rights and the full effects of any agreements and decisions you make. It will also make sure that any agreement is legally binding.

If you haven’t covered all the issues – or if you leave financial claims outstanding – there can be problems later. This can disrupt your lives years after the divorce or dissolution was finalised.

This is because getting a divorce or dissolution doesn’t end your ability to make a separate financial claim against your ex (or them against you). There’s also no time limit for making a financial claim.

It’s essential to make sure you have a binding court order setting out what the financial arrangements are. Even if the court order simply confirms neither of you want to make a claim against the other.

In Scotland, you can’t make a claim for financial provision after you’ve divorced or dissolved your civil partnership. 

Most couples will enter into a separation agreement (known as a ‘minute of agreement’) to formally agree their financial arrangements before applying for a divorce or dissolution. 

You should get advice from a family law specialist at the start to make sure you don’t lose the right to claim. 

The courts won’t check how you have sorted out your finances, other than to ask you to confirm that you have an agreed arrangement, and to make clear that divorce or dissolution brings your claim for financial provision to an end.  

For most people in England and Wales, a DIY divorce or dissolution takes around six months. This is because the law requires a 20-week reflection period, followed by a further six-weeks before the final divorce order can be granted.   

Although the procedure in Northern Ireland is different, the overall process can also take around six months. 

In Scotland, it can be quicker, especially if a separate financial settlement can be agreed in advance. But this depends on how complicated your financial situation is, and what process you use to sort it out. 

Financial proceedings through the courts can often take a long time – especially in England and Wales.

It might take anything from nine months to two years to sort out the finances if you and your ex-partner can’t agree.

Anyone can opt for a DIY divorce or dissolution, but that doesn’t mean it’s suitable for everyone.

As a guide, you might be able to sort out your divorce or dissolution and your finances yourself if:

• you don’t have children or are able to sort out child arrangements
• you’ve both lived in the same part of the UK for at least one year
• you’re able to discuss or negotiate how you’ll divide what you own and what you owe.

If you’re in agreement on getting a divorce or dissolution you will need to have been married: 

• in England and Wales: for over one year  
  
• in Northern Ireland: for over two years and two years of living apart.

If you’re not in agreement on getting a divorce or dissolution you will need to have been married: 

• in England and Wales: for over one year
  
• in Northern Ireland: for over five years and five years of living apart, or for at least two years on the grounds of unreasonable behaviour, adultery or desertion.  
  

DIY divorce or dissolution might not be a good idea if you and your ex-partner have:

• children under 18
• a valuable home
• business
• pension(s)
• complicated finances.

The ‘simplified’ (do-it-yourself) divorce or dissolution procedure isn’t suitable for everyone. For example, you can’t use it if you have young children.

As a guide, you’re likely to be able to sort out your divorce or dissolution yourself if:

• there are no children under the age of 16
• you’ve been separated for at least a year and both of you agree to the divorce or dissolution, or you’re not in agreement and have been living apart for at least two years 
• you’re not involved in any other court case that could end your marriage or civil partnership
• neither of you has any mental illness or health problem that means you can’t make decisions about your money
• you agree how to split your property and possessions and aren’t making a financial claim against each other.

The ‘simplified’ procedure is not the right route if you plan to make a financial claim against your ex-partner for a share of his or her assets, or for regular payments.

If you’re not sure how to split your finances, it’s worth getting legal advice before using the ‘simplified’ procedure. Or, follow the ‘ordinary’ divorce or dissolution procedure.

Once you’re divorced, you can’t bring a claim for a share of your ex-partner's assets.

If you want to, you can get, fill in and send in the court forms yourself.

This will be the cheapest option as you only have to pay the court fees. If you’re on a low income, you might get money off your fees. 

Find out more about court and tribunal feesOpens in a new window on GOV.UK 

You can apply for a divorce in England or WalesOpens in a new window on GOV.UK.

Even if you choose a DIY divorce or dissolution, you have to appear before a judge as a ‘personal petitioner’ in either a county court or a High Court.

You can download forms to apply for divorce in Northern IrelandOpens in a new window from the Northern Ireland Courts and Tribunal Service website.

When it comes to filling out the divorce forms, you can arrange an interview with the Matrimonial Office of the Royal Courts of Justice. Their staff can check that you’ve filled in your forms correctly - bear in mind that they can’t offer legal advice. There is a small fee for this service. 

Visit nidirect to find contact details for Northern Ireland's Matrimonial OfficeOpens in a new window

There’s more information about the ‘simplified’ (do-it-yourself) procedureOpens in a new window on the Scottish Courts website.

Some companies offer divorce or dissolution services online (although they’re rare in Northern Ireland).

These packages vary in price and offer different levels of help. It’s always worth checking what’s included. Most will simply help you with the divorce or dissolution paperwork – but not with reaching a financial settlement.

Many high street solicitors now also offer a fixed fee for a divorce or dissolution. They’ll also offer fixed or capped fees to help sort out the finances.

Consider what’s best for your circumstances. It might be helpful to read our guide Your options for legal or financial advice on divorce or dissolution.