Getting a Divorce

What is a divorce?

• It is when two people are married and would like to end their marriage.
• It is a legal process, just as a marriage is.
• The court have to be asked to end the marriage.

Who can get a divorce?

• You can only get a divorce if you have been married for at least 1 year.
• Your marriage has broken down permanently.
• You can of course informally separate until you can legally divorce.
• Or you can have a 'judicial' separation to make legal arrangements about money and children for example.
• Legal action can also be taken if there is domestic abuse:
  • An occupation order can help remove someone from your home.
  • A non-molestation order can stop someone from contacting you.
  • Legal aid can cover these legal costs.

Why get a divorce?

• In England and Scotland, as of 2022, you don't need to give a reason for the divorce.
• Other than that the marriage has broken down permanently.
• In Scotland and Northern Ireland you have to give a reason, such as:
  • Adultery (cheating).
  • Unreasonable behaviour.
  • Desertion.
  • Living apart for 2 years.
• There are many reasons for why people divorce but these are the legal reasons.

Application form

• A divorce application can be filled out online here.
• Or a D8 paper form can be filled in and sent to the court.
• You can apply as a single application or a joint application with your partner.

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Paying court fees

England and Wales

• The fee for applying for a divorce is currently £612.
• It is only the person who applied for the divorce who legally needs to pay.
• You can apply for help with legal costs (see below).

Scotland

• The cost of applying for a 'simplified' divorce is £137 (Sheriff Court) or £143 (Court of Session).
• The cost for finalising a simplified divorce or 'minute for decree' is £53. 
• A simplified divorce can only be applied for if:
  • Both people agree to the divorce.
  • They have no children under 16.
  • There are no financial issues to resolve.
  • You've been separated for a year and your partner agrees to divorce.
  • You've been separated for two years and your partner does not need to agree.
• The cost of applying for an 'ordinary' divorce is £165 (Sheriff Court) or £188 (Court of Session).
  • This is when a simplified divorce cannot be used.

Northern Ireland

• It costs £310 to apply for a divorce.
• A court hearing costs £388 in the County Court and £465 in the High Court.
• You will have to go to the High Court if your partner challenges the divorce.
• To finalise the divorce or 'decree absolute' it costs £117.

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Waiting for a response

• In England and Wales your partner must respond to an application within 14 days.
  • You will need to ask for an alternative service if they don't.
• In Scotland if it is a simplified divorce your partner will not need to respond.
  • If they object, the divorce will become an ordinary divorce.
• In Northern Ireland your partner must respond through an Acknowledgement of Service form within 14 days.
  • You can still continue if you prove service happened. 

Applying for a conditional order

• A conditional order is the court's official agreement to end the marriage.
• In England and Wales you have to wait 20 weeks to apply.
• In Scotland there is no conditional order but there is a proof hearing in an ordinary divorce.
• In Northern Ireland you apply for a Decree Nisi and there is no fixed wait to apply.

Applying for a final order

• A final order legally ends your marriage.
• In England and Wales you must wait 6 weeks and 1 day after the conditional order to apply.
• In Scotland the sheriff will grant the decree in an ordinary divorce without a final order.
• In Northern Ireland you apply for an Decree Absolute 6 weeks and 1 days after the Decree Nisi.

England and Wales

• You can apply for help with court fees online.
• You can fill in a Form EX160.
• Return the form to your court.
• You may be eligible if you receive benefits like Universal Credit, ESA or JSA.
• Or if you are on a low income and have little savings.

 Scotland

• You could get fee exemption or reduced fees. 
• This is if you are on benefits like Universal Credit or Income Support.
• Also if you are on low income or struggling financially.
• You can also fill in a Form EX160 or use The Scottish Courts and Tribunals Service.

Northern Ireland

• You can apply for legal aid or fee exemption through Legal Services Agency NI.
• This is usually if you are on benefits or have low income.

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Legal aid

• Legal aid can cover both court and solicitor fees.
• You will only usually need a solicitor if:
  • There are finances to settle or divide.
  • There are children under 18 and custody to arrange,
  • One person is not cooperating.
  • There is history of abuse.
• In England and Wales legal aid can only be used for divorce in cases involving:
  • Domestic abuse.
  • Forced marriage.
  • Child abduction or protection issues.
• In Scotland legal aid is used for the above kinds of cases and sometimes financial settlement disputes.
• Legal aid solicitors can be found in our services directory.
• Find out more about legal aid on this page of our website.