Getting a divorce or dissolution in the UK

In England and Wales, the process to end your marriage (divorce) or civil partnership (dissolution) is the same.

You need to apply to the court and tell them your relationship has permanently ended. This is done online, by post or through your solicitor.

Only one application is needed, so you can do this on your own (sole application) or with your partner (joint application).

You don't have to give a reason or blame your partner – this is called a ‘no-fault’ divorce or dissolution. In most cases, your ex-partner can’t stop the divorce or dissolution going through just because they disagree with it.

The earliest you can apply is the day after your first anniversary.

The initial application fee is £612. This starts the process to legally end your relationship. 

Court fees can change so check fees in the civil and family courtOpens in a new window on GOV.UK before you apply. 

Other costs will also apply, such as solicitors’ fees, but these will vary depending on your individual circumstances.

The whole process usually takes at least 6 months. 

There is a minimum waiting period built-in to give you time to reflect on your decision. 

You must then wait 20 weeks after the court issues your application before you can apply for the conditional order (the first of the two divorce or dissolution orders). 

After your conditional order is issued, you have to wait at least 6 weeks and 1 day before you can apply for the final order (the second of the two orders). 

Since April 2022, it is much harder for one person to dispute any part of the divorce process. But it can take longer if there are delays with the paperwork or serving the application or if you need to sort out financial arrangements.

If you or your partner disputes any part of the process it can take longer.

You and your partner should try to agree:

• how to split the money and assets you share

• who is responsible for any debt you owe

• what happens to your family home (such as who pays the mortgage or rent)

• the living arrangements and/or maintenance for any children you share.

It’s important to remember that whilst a divorce or dissolution legally ends your relationship, it doesn’t automatically sort out your finances.

Our Divorce and money calculator can help you work out what you have, what you owe and how you might split assets and finances. However you reach a financial agreement, you should ensure it is legally binding by turning it into a court order. 

You can still apply for a divorce or dissolution if you disagree on these things, but you might benefit from getting legal or financial advice. 

A solicitor or mediator can help, particularly if you can’t agree on a financial agreement. Visit The Law SocietyOpens in a new window to find a solicitor in England and Wales.

For a step-by-step guide including how to apply to the court, visit:

• Get at divorceOpens in a new window on GOV.UK

• End a civil partnershipOpens in a new window on GOV.UK

In Scotland, divorce or dissolution is a one-stage process; most couples agree financial and childcare arrangements first and then apply for a divorce or dissolution.

You can apply for a divorce or dissolution of a civil partnership if you've been separated for:

• at least one year (if both partners agree), or 

• two years (if one partner doesn't agree). 

You can also apply immediately if adultery or unreasonable behaviour has taken place.

There are two procedures you can use:

• do it yourself / DIY (also called the simplified procedure), or

• the ordinary (also called the non simplified procedure). 

You’ll raise an application in the sheriff court or Court of Session. Depending on where you apply there are different fees, charges, procedures to follow and forms to complete.

You can use the DIY option if all the following statements apply to your situation:

• You are applying because of the irretrievable breakdown of your marriage or civil partnership, based on one year of separation with consent or two years separation without consent, or because of the issue of an interim gender recognition certificate.

• There are no children from the marriage or partnership under the age of 16.

• There are no financial matters to sort out.

• There are no other court proceedings under way which might result in the end of your marriage or civil partnership.

There are also residence requirements to meet, but these differ depending on which court you apply to.

The simplified procedure is not available if either you or your ex-partner lacks ‘legal capacity’ to consent, for example, due to a mental health condition.

Find out more about the Simplified/Do it Yourself procedureOpens in a new window on Scottish Courts and Tribunals Service.

You must apply using the ordinary/non simplified procedure if your divorce or dissolution is more complex.

This includes:

• if your situation doesn’t meet the criteria for a DIY application 

• if you or your partner contests the divorce or dissolution.

The ordinary procedure is a more complicated and expensive process. There is no set application form, and it has many stages, so you will need to get qualified legal advice - find a solicitor in your area using the Law Society of ScotlandOpens in a new window

You can also read more about the Ordinary/non simplified procedureOpens in a new window on Scottish Courts and Tribunals Service.

The cost of a divorce or dissolution in Scotland varies depending on:

• whether you can apply using the DIY or ordinary procedure, and

• if you or your partner contests. 

For a DIY/simplified application where both partners agree, the fee is £156 (plus court fees).

For an Ordinary/non simplified application, your initial application cost is £191, but you’ll also pay solicitor charges and extra sheriff court feesOpens in a new window for each stage of the process. 

Check the Scottish Courts and Tribunals Service’s Guide to Court FeesOpens in a new window before applying.

Many solicitors offer fixed-fee packages if you and your partner already agree on the details of your separation. This is known as an ‘undefended’ divorce or dissolution. 

For more complex or contested (defended) cases, the cost will likely be £1,000 or more.

DIY or simplified divorce or dissolution 

If both partners agree and there are no children or financial disputes, the DIY process can take as little as 6 to 10 weeks. 

Ordinary or non simplified divorce or dissolution 

If both partners agree and there are no children or financial disputes, the ordinary process can take between 3 and 6 months. Complex or contested applications for divorce or dissolution will take longer.  

Citizens Advice Scotland has useful guides telling you what you need to know:

• Getting divorcedOpens in a new window

• Ending a civil partnership Opens in a new window 

Or you can visit Scottish Courts and Tribunals ServiceOpens in a new window for guidance on the divorce and dissolution process in Scotland, including downloadable forms and full fee information.

In Northern Ireland, the method of applying for a divorce or dissolution of a civil partnership is the same.

The process is started when you submit a formal request to the Matrimonial OfficeOpens in a new window (known as lodging a petition) and pay the court fee. 

The earliest you can lodge a petition is after your second anniversary, if your partner agrees (consents).

Your petition must include one of the following reasons for the relationship breakdown:

• two years’ separation (with your partner’s consent)

• five years’ separation

• unreasonable behaviour

• desertion 

• adultery (for divorce petitions only).

Whoever files the petition with the Matrimonial Office becomes known as the petitioner, and their partner is the respondent.

Do you need a solicitor?

You won't need a solicitor to lodge a petition if you both agree that:

• your relationship is over, and 

• neither of you will contest the petition.

You can use the Department of Justice guide Getting a divorce or dissolution of a civil partnershipOpens in a new window to apply without a solicitor.

When you do need a solicitor 

If you can't agree on the details of your split, you should hire a solicitor.

To find a legal adviser near you, visit the Law Society of Northern IrelandOpens in a new window

The initial fee for lodging a divorce or dissolution petition is £326. 

Legal costs vary as the process move on. You'll pay less if you both agree and more if your divorce is complicated:

• If you both agree, the County Court fee is £407.

• If the petition is contested, the High Court fee is £488. 

Court fees can change, so check costs at Northern Ireland Department of JusticeOpens in a new window before applying.

It typically takes between 4 and 6 months, though it can take longer if arrangements for children or finances are complex.

Use nidirect’s guide Getting a divorce or dissolving a civil partnershipOpens in a new window to find detailed information on divorce and dissolution in Northern Ireland, including how to apply and what happens next. 

It can be an emotional time, but it’s important to start practically and identify any money and other things of value that have been acquired during your marriage or civil partnership.

Create a list of things like property, investments and savings might seem obvious, and don’t forget about pensions - they can be your biggest assets and can even be worth more than your home. Find out more in our guide How to split pensions in a divorce or dissolution.