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A divorce in England and Wales is now mostly an online form and a wait. The form takes half an hour; the wait is fixed by law at about six months; and nobody has to prove anything or blame anyone. What catches people out is not the divorce itself but what it leaves undone: the house, the pensions, the debts and the arrangements for the children are all decided separately, and if you skip that part the divorce can cost far more than £628.
This page walks through the whole thing in order, with the current fees and the official links, and shows where mediation fits inside the timetable.
Can you apply?
You are married here too – and you divorce here
A marriage that was legal in the country where it took place is a legal marriage in England and Wales. It does not matter that the wedding was in Bangladesh, Pakistan, India, Somalia, Nigeria, Turkey or anywhere else, that it was a religious ceremony, or that you have never registered anything in the UK. If you came here on a spouse visa, or brought your husband or wife here on one, the Home Office has already treated you as married – and so will the family court.
- You divorce in England and Wales if one of you lives here now. You do not have to go back to the other country, and a divorce there is not needed first.
- You need the marriage certificate from that country, with a certified English translation if it is not in English. Lost it? A copy from the registry or the embassy is fine.
- An English divorce is valid worldwide in almost every country. Some families also want a religious divorce or a divorce registered back home – that is a separate step, and it does not replace this one.
- Money and children are decided here too, under English law – including property abroad, which the court can take into account.
- If you had a nikah only: a nikah does not automatically mean a marriage is legally recognised in England and Wales, and the legal position depends on the circumstances. It can change what is open to you, so take advice on your own position before anything else. Islamic divorce, nikah and family mediation →
This page is also translated into Bengali, Hindi, Punjabi, Urdu, Arabic and Somali – use the language switch at the bottom of the page.
What happens, and when
Most people apply online at GOV.UK; it takes about 30 minutes and you need your marriage certificate and the other person's address or email. From there the timetable is fixed by law – a minimum of about 26 weeks, and in practice six to eight months.
- Day 1Apply online
- Week 2Other person responds
- Weeks 2–20Reflection period
- Week 20Conditional order
- Week 26Final order
Online, with the certificate and the £628 fee or your Help with Fees reference. The court issues it within a few days.
In a sole application they have 14 days to acknowledge. They cannot refuse the divorce – only argue that the court has no jurisdiction or that the marriage is not valid.
Twenty weeks counted from the day you applied. Nothing happens in court; this is the time to sort out the money and the children – mediation fits inside it exactly.
You confirm you want to continue; a judge checks the paperwork and pronounces it (the old decree nisi). You are still married.
Six weeks and a day later you can apply for it (the old decree absolute). The marriage ends the day it is made. Do not apply before your finances are settled – see below.
Minimum around 26 weeks; in practice six to eight months, longer if the other person is slow to respond or you wait for a financial order before the final step.
What it costs
Getting the fee waived
1. Savings
Under £4,250 between you and any partner (£16,000 if you or your partner are 66 or over).
2. Benefits
The full fee is waived if you receive income-based JSA, income-related ESA, Income Support, Pension Credit (Guarantee) or Universal Credit earning under £6,000 a year.
3. Or income
Otherwise, monthly income before tax of £1,420 or less (single) or £2,130 (couple), plus £425 per child under 14 and £710 per child 14 or over. Earn a little more and part of the fee comes off.
Apply at GOV.UK before you send the divorce application (ten minutes, you need your National Insurance number). You get a reference starting HWF- and type it into the divorce form instead of paying. If you are separated, your ex's income does not count – only a partner you now live with.
Apply for Help with FeesApply for a divorce at GOV.UKThe D8 form, explained
The divorce ends the marriage. It does not divide the house, the pensions or the debts, and it says nothing about the children. Those are separate – and they are the part that matters.
Money: settle it before the final order
Why before
Once the final order is made you are no longer each other's spouse: you drop out of their pension death benefits, their will (if it named you as a spouse) and the automatic inheritance rules. If you remarry before making a financial claim, you lose the right to make one.
How
Agree it – in mediation, with full disclosure – then turn the agreement into a consent order: the draft order plus form D81, sent to the court with £62. A judge approves it on paper. You can do this yourselves; a solicitor drafting it (usually a fixed fee) makes it far less likely to be sent back. Without an order, either of you can claim against the other years later.
If you cannot agree
Form A asks the court to decide, after a MIAM, and each of you then completes a full financial statement on Form E. Expect a year or more and several thousand pounds each in legal costs. How Form A works → · Form E explained →
Children: no court order needed
The divorce court does not ask about the children and makes no order about them. Most separating parents never need one: a Parenting Plan agreed between you – where the children live, how time is shared, holidays, handovers, schooling – is enough, and it can change as the children grow. If you cannot agree, the route is a MIAM and then a C100 application. How the C100 works → · What a child arrangements order is →
Religious divorce alongside the civil one
For many of the families we work with there are two processes running at once, religious and civil. The civil divorce is what ends a legally recognised marriage; questions about religious status belong with an appropriately qualified religious authority. In practice the two run side by side:
- Islamic divorce. People come across terms such as talaq, khula and faskh, and councils often ask about the civil divorce and the mahr. How mahr is treated on the civil side depends on the circumstances and is worth taking advice on. Read more →
- Jewish divorce. A get from the Beth Din. Since 2002 a court can hold back the final civil order until the get is given, so that neither party is trapped.
- Other faiths. Church annulment, or a religious decree, has no effect on the civil position either way.
Mediation is not a religious process and the mediator gives no religious rulings – but the timing of a religious divorce, the mahr and family expectations are often part of what needs agreeing, and can be written into the settlement. How a Muslim woman gets a divorce in the UK → · Mediation in your language →
Where mediation fits
- Before or just after applyingA MIAM each. Not a commitment – an hour to find out what needs deciding and whether you can decide it together.
- During the 20-week waitTwo to four joint sessions, online. Finances with full disclosure; a Parenting Plan for the children.
- Prepared before, lodged afterA Memorandum of Understanding, which becomes the consent order – drafted by you or by a solicitor. It is prepared during the 20-week wait and goes to the court with form D81 once the conditional order has been pronounced.
- Final orderApplied for once the financial order is sealed. The divorce is done, and so is everything that came with it.
Questions people ask about divorce
We were married abroad – do we have to divorce there?
No. A marriage that was legal where it took place is a legal marriage in England and Wales, and if one of you lives here you divorce through the English court, online, in the same way as anyone else. You need the foreign marriage certificate with a certified translation. If you came here on a spouse visa the marriage is already on record as real. The English divorce is recognised almost everywhere; a religious divorce or registering the divorce back home is a separate, optional step.
How long does a divorce take in 2026?
A minimum of about 26 weeks – 20 weeks from application to conditional order, then six weeks and a day to the final order – and in practice six to eight months. It takes longer if you sensibly wait for a financial order before applying for the final order.
Can my husband or wife refuse the divorce?
No. Under the no-fault law they can only dispute that the court has jurisdiction or that the marriage is valid. Not responding does not stop it either; the court can serve them by other means.
Do I need a solicitor to get divorced?
No. The online application is designed to be done without one, and most people do it themselves. The consent order that settles your finances can also be done without a solicitor – you send the draft order and form D81 with £62 – but the wording has to be right for a judge to approve it, so many people pay a solicitor a fixed fee just for that. If one of you has a pension or a business, that is money well spent.
Can I get the £628 fee waived?
Yes, through Help with Fees, if your savings are under £4,250 and you are on a qualifying benefit or your income is below the threshold (£1,420 a month single, £2,130 with a partner, plus an allowance per child). Apply online first and put the reference on the divorce form.
Should I apply for the final order as soon as I can?
Usually not until your finances are settled by a court order. The final order ends your rights as a spouse – to their pension death benefits, for example – and remarrying before you have made a financial claim ends your right to make one.
Is a nikah or a religious divorce recognised in England and Wales?
A nikah does not automatically create a legally recognised marriage here – it depends on the circumstances. Ending a legally recognised marriage is done through the civil divorce process; questions about religious status belong with a religious authority. Many families deal with both.
We agree on everything – what is the quickest route?
A joint online application, a mediated agreement on money and children during the 20-week wait, a consent order (£62 court fee, drafted by you or a solicitor), then the final order. Six to eight months, and no hearing.
Fees and thresholds from HM Courts & Tribunals Service (EX50, updated 13 July 2026) and GOV.UK, checked 6 September 2026. This page describes the process; it is not legal advice.
Sort out the part the divorce does not
The divorce form takes half an hour. The money and the children take a conversation. A free 15-minute chat is the place to start it.