Divorce in England and Wales follows a structured legal process, beginning with an application and ending with the Final Order that legally dissolves the marriage. The process includes key stages such as the Acknowledgment of Service, a 20-week reflection period before applying for a Conditional Order, and a further six-week wait before the Final Order can be granted. While the typical timeline is around seven months, it’s essential to seek legal advice early—especially regarding financial matters—to ensure your rights and responsibilities are fully understood and protected.

To help guide you through the legal process, we’ve outlined the key steps involved in obtaining a divorce in England and Wales.

1. Apply for Divorce

The first step is to apply for a divorce. This can be done online via the MyHMCTS portal or by post using Form D8. A court fee of £612 is payable when submitting the application. Once received, the court will formally ‘issue’ your application, marking the official start of proceedings.

2. Acknowledgment of Service

After the application is issued, your spouse must complete an ‘Acknowledgment of Service’ form to confirm they have received the divorce paperwork. This can be done online or by post and must be completed within 14 days. If your spouse does not complete this step, it is advisable to seek legal advice to understand your options.

3. Waiting Period

From the date your divorce application is issued, there is a mandatory 20-week waiting period before you can apply for the Conditional Order. This period allows time for reflection and the opportunity to resolve any outstanding matters.

4. Conditional Order

Once the 20-week period has passed, you can apply for a Conditional Order using Form D84 or through the online system. You will need to confirm that the information provided in your original application remains accurate. If the court is satisfied that the marriage has irretrievably broken down, it will grant the Conditional Order.

5. Further Waiting Period

After the Conditional Order is granted, there is a further waiting period of six weeks and one day before you can apply for the Final Order.

6. Final Order

The Final Order is the legal document that officially ends your marriage. You can apply for it online or by post using Form D36. Once granted by the court, you are legally divorced. It is important to ensure that all financial matters are resolved before applying for the Final Order, as this can have significant implications.

Additional Points to Note

• You will need your original marriage certificate to complete the application.
• The typical timeline for a divorce is around seven months from start to finish.
• We strongly recommend seeking legal advice before starting the divorce process, particularly where financial arrangements or children are involved, as these can have long-term consequences.

You can also complete an online enquiry form. One of the Wollens team will contact you as soon as they are available.