Divorce in England & Wales: No-Fault Process & Costs 2026

The Divorce, Dissolution and Separation Act 2020 replaced section 1 of the Matrimonial Causes Act with the no-fault process, which applies to applications the court issued on or after 6 April 2022. Before that, a petition had to satisfy the court of one of five facts: adultery that the petitioner found intolerable, behaviour the petitioner could not reasonably be expected to live with, desertion for at least two years, two years' separation with the other spouse's consent, or five years' separation.

• Either or both of you apply for a divorce order on the ground that the marriage has broken down irretrievably, with a statement to that effect, and the court takes the statement to be conclusive evidence
• Your husband or wife needs a genuine legal reason to dispute the divorce, and cannot dispute it simply because they do not want a divorce or want to delay the process
• You can apply jointly if you both agree and you are not at risk of domestic abuse, or on your own if your husband or wife does not agree or will not cooperate

You can apply for a divorce in England or Wales if:

• ✓Yes: You have been married for over a year
• ✓Yes: Your relationship has permanently broken down
• ✓Yes: Your marriage is legally recognised in the UK, including same-sex marriage

To apply you need your own and your husband or wife's full name and address, your original marriage certificate or a certified copy (and a certified translation if it is not in English), and proof of your name change if you have changed it since you got married. If you give your husband or wife's email address, the court sends the divorce papers to them online; otherwise they are sent by post.

There is a £628 fee to apply for a divorce, and it is not refunded after you are sent the notice that your application has been issued. You may be able to get help with fees if you get benefits or are on a low income. For a joint application you must both apply for help, and if your husband or wife is not eligible or does not apply you have to pay the full fee.

The costs at each stage of a divorce in England and Wales are:

Legal adviser fees vary depending on their experience and location.

You can apply online with a debit or credit card, or by post using divorce application form D8. There are four stages, with two waiting periods to get through before the divorce can be finalised:

If your husband or wife does not respond, you should ask them to respond if it is safe for you to do so, and they can still respond after the deadline. If they still do not respond, the court will contact you and tell you what you can do. If you applied jointly and your husband or wife stops responding, you can continue as a sole applicant.

You can apply jointly if you both agree and you are not at risk of domestic abuse, or on your own if your husband or wife does not agree or will not cooperate. Your husband or wife must have a genuine legal reason to dispute the divorce, and cannot dispute it simply because they do not want a divorce or want to delay the process.

For a sole application, the court sends your husband or wife the application and an acknowledgement of service notification, and they must respond within 14 days saying whether they agree with the divorce or intend to dispute it. If your husband or wife does not respond, you should ask them to respond if it is safe for you to do so, and they can still respond after the deadline. If they still do not respond, the court will contact you and tell you what you can do.

If you applied jointly and your husband or wife stops responding, you can continue as a sole applicant.

The divorce application does not itself divide your money and property: you and your ex-partner need to agree how to separate your finances, including pensions, property, savings and investments. You might get a share of your partner's pension.

To make an agreement legally binding you draft a consent order and ask a court to approve it, and if your agreement is not legally binding a court cannot enforce it if there are any issues later. The court cannot approve a consent order before the conditional order, and the consent order only takes effect after the final order. The court fee is £62, and there is usually no court hearing: a judge approves the consent order if they think it is fair.

If you remarry or form a civil partnership after the divorce order, you cannot apply, by reference to that order, for a financial provision order in your favour or for a property adjustment order against your former spouse. A divorce also affects your will: provisions appointing your former spouse as executor or trustee take effect as if they had died on the date the marriage is dissolved, and property left to them passes as if they had died on that date, unless the will shows a contrary intention. See our guide to making a will.

Arrangements for children are worked out separately: you and your husband or wife can choose to work out arrangements for looking after any children and child maintenance payments. If you cannot agree where the children live or how much time they spend with each parent, see child arrangements and child maintenance.

The court fees for a divorce in England and Wales are £628 to apply, £62 for a consent order and £321 if the court has to decide the finances. If you cannot agree, you can ask a court to make a financial order, which usually takes longer and is more expensive; the court fee is £321.

You can usually avoid going to court hearings if you agree about children, money and property, and it is usually more straightforward and less expensive if you agree how to divide your money and property. Mediation can be quicker and cheaper than asking a court to decide for you. A mediation information assessment meeting is usually about £120, and legal adviser fees vary depending on their experience and location. Our mediation guide explains what a MIAM is and when you are exempt.

The judge makes arrangements for any children first, the reason for the divorce is not taken into account, and the judge will usually try to arrange a clean break.

You might get a share of your partner's pension. In England and Wales, on making a divorce order or at any time after it, the court may make one or more pension sharing orders in relation to the marriage, and a pension sharing order does not take effect unless the divorce order has been made final.

If you want a legally binding arrangement for dividing money and property you must apply to the court for it before you apply for a final order. If you ask after it, there may be financial consequences, particularly for pensions. To make an agreement legally binding you draft a consent order and ask a court to approve it, and if your agreement is not legally binding a court cannot enforce it if there are any issues later. Our financial settlement guide covers consent orders and what a court looks at when it decides.

Scotland and Northern Ireland. In Scotland, in a divorce action either party may apply for a pension sharing order under the Family Law (Scotland) Act 1985. In Northern Ireland, on granting a decree of divorce or at any time after it, the court may make one or more pension sharing orders in relation to the marriage, and the order does not take effect unless the decree has been made absolute.

You can usually avoid going to court hearings if you agree about children, money and property, and it is usually more straightforward and less expensive if you agree how to divide your money and property. You can get help or advice from Citizens Advice, Advice Now, a legal adviser or a divorce service provider. You can ask a solicitor or divorce specialist to draft a consent order for you, and legal adviser fees vary depending on their experience and location.

If you cannot agree, you can ask a court to make a financial order, which usually takes longer and is more expensive; the court fee is £321. You must attend a meeting about mediation before you apply, except in certain cases such as domestic abuse, and a mediation information assessment meeting is usually about £120. A judge bases the decision on:

• How long you have been married
• Your age, ability to earn, property and money, living expenses and standard of living
• Your financial needs and responsibilities, and your role in looking after the family
• Any disability or health condition

The judge makes arrangements for any children first, the reason for the divorce is not taken into account, and the judge will usually try to arrange a clean break.

GOV.UK says there is a different process to get a divorce in Scotland and in Northern Ireland. In Scotland the court may grant a decree of divorce only if the marriage has broken down irretrievably, which the Divorce (Scotland) Act 1976 treats as established if:

• The other spouse has committed adultery since the date of the marriage
• The other spouse has behaved in such a way that you cannot reasonably be expected to cohabit with them
• There has been no cohabitation for a continuous period of one year before the action begins and the other spouse consents to a decree of divorce
• There has been no cohabitation for a continuous period of two years before the action begins

You can only use the simplified, do-it-yourself procedure if the divorce is based on one year's separation with consent or two years' separation without consent, there are no children of the marriage under 16, there are no financial matters to sort out and no other court proceedings might end the marriage. Otherwise the ordinary procedure is used, and the Scottish Courts and Tribunals Service highly recommends legal advice. In a divorce action either party may apply for an order for the payment of a capital sum, an order for the transfer of property, a periodical allowance or a pension sharing order under the Family Law (Scotland) Act 1985.

In Northern Ireland a divorce petition must be grounded on one of five reasons:

• Two years' separation with the consent of the other spouse
• Five years' separation
• Unreasonable behaviour
• Adultery
• Desertion

You cannot apply for divorce in the first two years of the marriage, the County Court and the High Court deal with divorces, and the case is heard in the High Court if the respondent defends the petition.

In Northern Ireland the divorce process starts when you lodge the petition in the Matrimonial Office and pay the fee. The fee to lodge a petition is £326, the fees for a court date are £407 in the County Court and £488 in the High Court, and the fee for a decree absolute is £123.

At least six weeks and one day after a decree nisi is granted, the petitioner can apply for a decree absolute. Three months after the initial six weeks and a day, the respondent can apply, but only with the court's permission.

If you do not use a solicitor and the other spouse consents, you can get information from the Northern Ireland Courts and Tribunals Service and ask the Matrimonial Office for guidance as a personal petitioner. You should contact a solicitor if the other spouse does not consent to the divorce or defends the case after the petition was issued.