Divorce is the legal process of ending a marriage. In England & Wales, the law now allows a no-fault divorce, meaning marriages can be dissolved with less conflict, by simply stating that the marriage has “irretrievably broken down.”
ICONIQ Solicitors can guide you through every step — from eligibility to financial and children’s arrangements, to obtaining your final order.
Is Divorce Right for You?
You may be eligible for a divorce if:
- You have been married for at least one year.
- Your marriage is legally recognised in the UK (including same-sex marriages).
- You believe that your marriage has irretrievably broken down.
The court has jurisdiction over your case. This requires satisfying one of several conditions, such as habitual residence or domicile in England or Wales
No-Fault Divorce: What’s Changed
- Since April 2022, you no longer need to prove fault by citing adultery, desertion, or behaviour, or wait for long separations. You file a statement that the marriage has broken down and proceed.
- The goal is to reduce conflict, streamline the process, and give both parties more dignity and less stress.
Jurisdiction & International Couples
If either you or your spouse lives outside the UK or the marriage was registered abroad, you need to check:
- Where you and your spouse are habitually resident.
- Whether either of you is domiciled in England & Wales.
- Whether you meet residency requirements (e.g. living in England/Wales for a certain period).
Which courts have the power to hear your divorce based on those criteria.
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The Divorce Process
Below is a typical timeline for divorce, although it may vary if financial or child matters are involved:
Step | What Happens |
1. File Application | Complete the divorce application (form D8) either individually or jointly; pay the court fee; submit the marriage certificate. |
2. Serve Application | The other party (respondent) is served with notice and given time to respond. |
3. Conditional Order | After a waiting period (around 20 weeks) following the issue of the application, apply for a conditional order. |
4. Final Order | Once the conditional order is issued and the waiting period has passed, apply for a final order (formerly “decree absolute”) to legally end the marriage. |
5. Sorting Finances & Children | Financial remedies (division of assets, property, pensions, maintenance) and child arrangements (custody, contact) can be agreed or ordered by the court. |
Costs & Legal Aid
- Court fee for filing divorce (currently £550) unless changed. GOV.UK+1
- Solicitor fees depend heavily on complexity: whether finances are straightforward, whether divorce is contested, and whether children are involved.
- Legal aid is mostly not available for divorce itself, but may be available if there is domestic abuse, risk to children, or certain other vulnerable circumstances.