How To Get A Divorce In England and Wales

Around 28,632 divorce applications were made in England and Wales between January and March 2026, according to the Ministry of Justice’s Family Court Statistics Quarterly. Every application in England and Wales now proceeds under the no-fault system introduced by the Divorce, Dissolution and Separation Act 2020, which came into force on 6th April 2022. Neither spouse needs to prove fault, and the sole basis for divorce is a statement that the marriage has broken down irretrievably.

Summary

• Divorce in England and Wales runs on a no-fault basis under the Divorce, Dissolution and Separation Act 2020, in force since 6th April 2022.
• The divorce application fee is £628, effective from 13th July 2026, following the Ministry of Justice’s latest court fee uplift.
• The process follows a fixed sequence: application, a 20-week reflection period, a conditional order, a wait of at least 6 weeks and 1 day, then a final order.
• The Ministry of Justice recorded a mean average of 39 weeks from application to conditional order and 67 weeks to final order for January to March 2026.
• A statement of irretrievable breakdown is conclusive evidence for the court, and it is no longer possible to contest a divorce except on narrow grounds such as jurisdiction.

Introduction

If you are thinking about divorce in 2026, you may feel uncertain about how the process now works, how long it takes, and what it will cost. A family solicitor can explain each fixed stage, apply for you or alongside you, and deal with the financial and child arrangements that sit outside the divorce itself.

Anyone starting a divorce in 2026 is working under rules that removed blame from the process entirely. Where couples once had to allege adultery, unreasonable behaviour, or years of separation, the law now asks only for a statement that the marriage has broken down. The stages that follow are fixed by statute and by the Family Procedure Rules, so timing expectations can be set from the outset.

This forms part of our wider guide to family law services at Cocks Lloyd.

Can I apply for a divorce?

A person can apply for a divorce in England and Wales once married for over a year, provided the marriage has broken down irretrievably and the court has jurisdiction. Section 1 of the Divorce, Dissolution and Separation Act 2020 allows either or both parties to apply, and no other ground is required. The application can be made solely or jointly.

The statutory wording is direct on this point. As the Divorce, Dissolution and Separation Act 2020 provides at section 1: “either or both parties to a marriage may apply to the court for an order (a ‘divorce order’) which dissolves the marriage on the ground that the marriage has broken down irretrievably.” The court must treat the applicant’s statement of irretrievable breakdown as conclusive evidence and make the order. A respondent cannot dispute a divorce simply because they disagree with it. Disputes are limited to exceptional grounds such as the validity of the marriage or a challenge to the court’s jurisdiction.

How much does a divorce application cost?

A divorce application in England and Wales costs £628 from 13th July 2026, the fee set by the Ministry of Justice’s Court and Tribunal Fees (Miscellaneous Amendments) Order 2026. The £628 fee covers the application, the conditional order, and the final order, with no further HM Courts and Tribunals Service charge for those stages. Help with Fees remissions remain available for applicants on a low income.

The fee has risen twice in little over a year. The fee moved from £593 to £612 on 1st April 2025, and the Ministry of Justice’s announcement of court and tribunal fee changes confirmed a further rise to £628 from 13th July 2026, part of a wider uplift of around 170 court and tribunal fees by 2.6% to reflect inflation. A joint applicant couple can agree to split the £628 fee between them, though HM Courts and Tribunals Service collects it as a single payment. Separate fees apply to related applications, such as a financial consent order, which are not included in the divorce fee.

What is the no-fault divorce process?

The no-fault divorce process runs through five fixed stages: the application, a 20-week reflection period, the conditional order, a wait of at least 6 weeks and 1 day, and the final order. Every applicant, whether applying alone or jointly, follows the same sequence under the Divorce, Dissolution and Separation Act 2020. No stage can be skipped, though the court retains a limited power to shorten the timetable in exceptional circumstances.

Section 1(5) of the Act fixes the reflection period at a minimum of 20 weeks from the start of proceedings before a conditional order can be confirmed. Section 1(4) then bars the final order from being made before the end of 6 weeks from the making of the conditional order. Court guidance sets this wait at 6 weeks and 1 day, since gov.uk’s guidance on finalising a divorce confirms an applicant must “wait at least 43 days (6 weeks and 1 day) after the date of the conditional order” before applying for the final order. Together, the statutory minimum from application to final order is 26 weeks, though most cases take considerably longer once court processing time is added.

The following table sets out each stage of the sequence.

Stage	What happens	Minimum wait
Application	Sole or joint statement of irretrievable breakdown filed with the court	None
Reflection period	Time for the applicant or applicants to confirm they wish to continue	20 weeks from application
Conditional order	Court confirms no legal reason prevents the divorce	Granted after reflection period ends
Pre-final wait	Statutory cooling-off period before the marriage can be ended	6 weeks and 1 day from conditional order
Final order	Marriage is legally ended	Applied for once the wait has passed

Once the acknowledgement of service is returned, most contested elements fall away. As gov.uk explains, a respondent who receives notice of a sole application must generally respond within 14 days, and disputing the divorce itself is only possible on limited grounds.

How long does a divorce currently take?

A divorce in England and Wales currently takes a mean average of 39 weeks from application to conditional order and 67 weeks from application to final order, according to the Ministry of Justice’s Family Court Statistics Quarterly for January to March 2026. Both figures fell compared with the same quarter of 2025, continuing a gradual improvement in processing times since the early years of the no-fault system.

Joint applications moved faster than sole applications in the same quarter. The Ministry of Justice recorded an average of 30 weeks to conditional order and 48 weeks to final order for joint cases, against 37 weeks and 58 weeks for sole cases. Sole applications made up 72% of the 28,632 total applications in the quarter, with joint applications accounting for the remaining 28%. Court and administrative processing time, not the statutory minimum periods, explains most of the gap between the 26-week statutory floor and the current averages.

Anyone planning around these figures should treat them as averages rather than guarantees. A straightforward joint application with no disputes over children or finances can still finish close to the 26-week statutory minimum, while a case with a contested financial claim can extend well beyond a year.

Frequently asked questions

Can my spouse stop the divorce?

No, a spouse cannot stop a divorce simply by disagreeing with it under the Divorce, Dissolution and Separation Act 2020. The statement of irretrievable breakdown is treated as conclusive evidence by the court. Disputes are limited to narrow grounds, such as the validity of the marriage or a challenge to the court’s jurisdiction to hear the case.

Do I need a solicitor to get divorced?

No, a solicitor is not a legal requirement to apply for a divorce, and many applicants use the online government service directly. A solicitor becomes valuable once children or finances are involved, since a divorce order alone does not resolve either. Our financial settlement team advises separately on dividing assets, pensions, and business interests.

What if my spouse does not respond?

Where a respondent does not reply to a sole application within the 14-day period, the applicant can ask the court for permission to proceed regardless. The court will confirm the next steps once notified. A missed response does not usually delay the case beyond the standard 20-week reflection period, though it can add administrative steps to the sole applicant’s case.

Talk to Cocks Lloyd

Speak to our Family Department about your divorce, whether you are applying alone or jointly with your spouse, and how the current fees and timescales apply to your situation. We advise clients across Nuneaton, Bedworth, and the wider Warwickshire area on divorce, financial settlements, and arrangements for children. Contact us through our contact page to arrange an appointment.

About the author

Emma Justine Rymell, Senior Associate Solicitor, Cocks Lloyd Solicitors. SRA number 39824.

Emma Justine Rymell heads the Family Department at Cocks Lloyd Solicitors and has practised family law for over 25 years. She advises on divorce and financial settlements, including high-value and business asset cases, child arrangements, cohabitation, and pre-nuptial agreements. Emma is a member of Resolution, the national organisation for family justice professionals committed to a constructive approach to separation.

Last reviewed: July 2026