Simplified Divorce & Dissolution — How to Apply

FamilyFree guide Starting a divorce or dissolution used to mean blaming someone and going through a long, stressful process. The law has changed — it's now a no-fault process, and for many couples it's much simpler. This guide explains how to apply, what the steps and timescales are, the court fee, and what you need to sort out about money and children.

The no-fault change

Under the Divorce, Dissolution and Separation Act 2020, the process for ending a marriage or civil partnership in England and Wales changed. The key points:

• The sole ground is the irretrievable breakdown of the marriage or civil partnership. You show this by making a statement to that effect — you don't have to prove it, and you don't have to blame the other person.
• You no longer have to give a "fact" (adultery, unreasonable behaviour, desertion, etc.) to prove breakdown.
• You and your spouse/civil partner can apply jointly, or one of you can apply alone (a sole application).

This has made the process less adversarial for many people — you don't have to point the finger at the other person to get a divorce. It doesn't change the things you also need to sort out, though: finances and children.

Joint or sole application?

Joint application

A joint application is where you and your spouse/civil partner apply together. You both agree the marriage/civil partnership has broken down irretrievably. It can feel more collaborative. Both of you are involved in the application and in responding to the court's requests. Joint applications are available for both divorce and dissolution.

Sole application

A sole application is where one of you applies. The applicant has to serve the application on the other person (the "respondent"), who is then able to acknowledge it. The respondent can't, in most cases, stop a no-fault divorce by refusing to co-operate or by contesting that the marriage has broken down — the applicant's statement that it has is enough. But the process is different for a sole application, and there are rules about service and responding.

Which is right for you depends on your relationship, whether you can agree on the process, and the practicalities. In some cases a joint application is simplest; in others a sole application makes more sense.

The steps in the process

The broad steps for a divorce (and similarly for a dissolution) are:

1. Prepare and submit the application. Complete the court forms, pay the court fee (or apply for a fee reduction/exemption if eligible), and submit the application to the court.
2. Acknowledge / serve. For a sole application, the respondent is served with the application and can acknowledge it. For a joint application, both parties are involved from the start.
3. Waiting period. There is a waiting period before the next stage — designed to give both parties time to reflect and to sort out practical matters.
4. Conditional order. The court can make a conditional order (previously called decree nisi) — a court order saying the court is satisfied the marriage/civil partnership can be dissolved. This is not the final end; it's the conditional stage.
5. Final order. After the waiting period from the conditional order, either party can apply for the final order (previously decree absolute). Once that's granted, the marriage/civil partnership is dissolved.

The exact timescales vary depending on the court, whether it's a joint or sole application, whether the respondent acknowledges, and other factors. It's sensible to check the current timescales and follow the court's guidance.

Court fees change. Check GOV.UK for the current fee and any fee reduction or exemption you may qualify for before you apply.

Finances and children — the part people forget

Financial arrangements

The financial side can include property, savings, investments, pensions, debts, income, and more. There are different ways to sort it out:

• agreeing between yourselves and recording it in a consent order (a court order made by agreement) — this is often the cleanest and cheapest option where you can agree;
• mediation, where a mediator helps you reach agreement;
• solicitors negotiating a settlement; or
• the court deciding, if you can't agree (financial remedies proceedings).

A financial order is the main way to make financial arrangements binding and to get a clean break. Until you have a final financial order, there can be claims later. That's one reason it's important not to rush the financial side.

Children

Children's arrangements (where they live, contact, etc.) are separate from the divorce/dissolution. The court's approach is focused on the child's welfare, and in most cases parents are encouraged to agree arrangements. If you can't agree, there are processes to help (including mediation and, if needed, parenting and child arrangement proceedings).

Where to get help

• GOV.UK — the official guidance and the court forms and fee information.
• Citizens Advice — free, practical help with the process and signposting.
• Family mediators — for sorting out finances and children without going to court if you can. Look for a Family Mediation Council-registered mediator.
• Solicitors — for anything complex: significant assets, a business, a pension, a foreign element, a dispute, or if you're worried about your position.
• Support organisations — for emotional support or specialised help, there are various charities and services depending on the situation.

Using the generator

Use the LawImNotSure generator to get plain-English guidance and a covering letter to help you apply for a divorce or dissolution. It will prompt you for the key information and produce guidance you can use to prepare — and to have an informed conversation with a solicitor or mediator if you need one. The generator is guidance, not the court form and not legal advice.