Divorcing without a solicitor is perfectly legal in England and Wales, and for many couples it is a sensible, affordable choice. The process is largely online now, and if your situation is reasonably straightforward, you can manage it yourself from start to finish. This guide walks you through every stage in plain English, so you know exactly what to expect.
Can You Really Divorce Without a Solicitor in England and Wales?
Yes, absolutely. Thousands of people in England and Wales complete their divorce without any legal representation every year. The law does not require you to use a solicitor, and since the courts moved to an online divorce portal in 2022, the process has become more straightforward than ever.
The legal term for managing your own case is acting as a litigant in person. It simply means you are representing yourself rather than paying a solicitor to do it on your behalf.
Solicitors in England and Wales typically charge between £150 and £400 or more per hour. For a straightforward divorce, fees can easily reach £1,500 to £3,000 or more. If your circumstances are uncomplicated and you and your spouse can communicate reasonably, handling the divorce yourself can save you a significant amount of money.
That said, there are situations where professional advice is genuinely worth the cost. If you have complex finances, a business, pension assets worth exploring, or if there is a history of domestic abuse, speaking to a solicitor or at least a McKenzie Friend (a trained lay adviser) is strongly recommended. This guide focuses on the divorce process itself. Sorting out finances and arrangements for children are separate legal steps that often benefit from at least some professional input.
If you want a broader overview of the options available to you, take a look at our guide to divorcing without a solicitor in the UK, which covers the full picture including what to consider before you start.
Note on Scotland: Scots law is entirely separate. If you live in Scotland, the divorce process, the forms, and the legal rules are different. See our complete guide to divorce in Scotland for the correct information.
The Legal Grounds for Divorce in England and Wales
Since April 2022, England and Wales have operated a no-fault divorce system under the Divorce, Dissolution and Separation Act 2020. This was a major change in the law.
There is now only one legal ground for divorce: that the marriage has irretrievably broken down. You no longer need to blame your spouse or cite reasons such as adultery, unreasonable behaviour, or separation periods. You simply state that the marriage has broken down irretrievably, and the court accepts that statement.
This change was designed to reduce conflict, particularly where children are involved. It also means the other spouse cannot contest the divorce purely because they do not want it to happen. A divorce can no longer be defended on the basis that the marriage has not broken down.
Key eligibility requirements include:
- You must have been married for at least one year before you can apply.
- The court must have jurisdiction, which generally means you or your spouse are domiciled in England and Wales, or have been habitually resident here for at least six months before the application.
- Your marriage must be legally recognised in England and Wales.
If you have been married for less than a year, you cannot yet apply for divorce. However, you may be able to apply for a legal separation in the meantime.
The no-fault system applies to civil partnerships as well as marriages, with dissolution being the equivalent term for ending a civil partnership.
Sole Application or Joint Application: Which Should You Choose?
One of the first decisions you will make is whether to apply alone (sole application) or together with your spouse (joint application).
Joint applications were introduced alongside no-fault divorce in 2022. Both of you apply together as joint applicants. Neither of you is labelled the petitioner or the respondent, which can reduce the adversarial feel of the process. Joint applications tend to work well when both spouses are in agreement that the marriage is over and are willing to cooperate.
Sole applications are made by one person (the applicant). The other spouse becomes the respondent and must acknowledge the application. This is the better route if one of you is unwilling to engage, difficult to contact, or if the separation is less amicable.
Things to consider when choosing:
- If you apply jointly, both of you must take action at the conditional order stage, and both must apply for the final order. If one person becomes uncooperative, this can delay things.
- If you apply as the sole applicant, you can progress to the final order on your own after a certain point, even if your spouse does not engage.
- Court fees are the same either way: currently £593 to start the divorce application.
For most people in an amicable split, a joint application is a clean and respectful way to end the marriage. For anyone worried about cooperation from the other side, a sole application gives you more control over the timeline.
Step-by-Step: How the Divorce Process Works
Here is a clear walkthrough of the stages involved in a DIY divorce in England and Wales using the online portal.
- Create an account on the HMCTS divorce portal. You can find this at the GOV.UK website. You will need an email address, and you will create a secure login.
- Complete the divorce application (Form D8). The online system guides you through the questions. You will need your full names and addresses, your marriage certificate (you upload a scan or send the original by post), and your spouse's details. The application takes most people between 30 and 90 minutes to complete.
- Pay the court fee. The current fee is £593. You can apply for a fee remission (Help with Fees) if you are on a low income or certain benefits. Check GOV.UK for the current eligibility criteria.
- The court issues the application. If applying jointly, both of you will receive confirmation. If applying alone, the court sends the application to your spouse, who has 14 days to acknowledge it online.
- Apply for the conditional order. After a minimum of 20 weeks from the date the application was issued, you can apply for the conditional order (previously called the decree nisi). This is the court confirming it sees no reason why the divorce cannot proceed. In a joint application, both applicants must confirm they still wish to proceed. In a sole application, the applicant does this alone.
- Wait for the conditional order to be made. The court checks the paperwork and, assuming everything is in order, makes the conditional order. This usually takes a few weeks.
- Apply for the final order. After a further 6 weeks and 1 day from the date of the conditional order, you can apply for the final order (previously called the decree absolute). This is the document that formally ends your marriage. Do not apply for the final order until your financial matters are resolved or at least underway, as doing so too quickly can affect your financial claims.
The minimum total timeline from application to final order is therefore around 26 weeks, though in practice it often takes longer due to court processing times.
For a more detailed breakdown of what to expect throughout the process, see our complete guide to divorce in England and Wales.
Sorting Out Finances: Do Not Skip This Step
This is where many DIY divorces come unstuck. The divorce itself ends the marriage. It does not automatically sort out who gets what. Financial claims between spouses remain open even after the final order unless you reach a formal agreement approved by the court.
This means that years after your divorce, a former spouse could in theory make a financial claim against you, including against assets or inheritance you acquire after separation. The only way to close this door permanently is with a financial consent order, which is a legal document setting out how your assets, property, pensions and income are divided, approved by a judge.
If you and your spouse have already agreed how to divide everything, you can apply for a consent order by submitting a draft to the court. You do not necessarily need a solicitor to draft a consent order, but the document must be correctly worded and the court must be satisfied the terms are fair. Many people use a solicitor or a specialist document service for this step even if they handle the rest of the divorce themselves.
If you cannot agree, you may need to apply for a financial remedy order, which involves a court process and almost always benefits from legal advice.
Our detailed guide on how to apply for a financial order on divorce in England and Wales explains the consent order process clearly, including what to include and how to submit it.
It is also worth using our free divorce financial calculator to get a clearer picture of your overall financial position before you start negotiations.
Key financial areas to address include:
- The family home: whether to sell, transfer or retain it
- Pensions: often the largest asset after property and frequently overlooked
- Savings, investments and debts
- Maintenance payments, if applicable
What About the Children? Arrangements Are Separate From Divorce
It is a common misconception that the divorce process deals with arrangements for children. It does not. Where children live, how much time they spend with each parent, and how schooling and holidays are handled are entirely separate matters.
Ideally, parents agree on arrangements between themselves, sometimes with the help of a mediator. These informal agreements are perfectly valid and work well for many families. You do not need a court order to formalise where children live unless there is a genuine dispute or a safeguarding concern.
If you cannot agree, or if you want a legally binding arrangement, you can apply to the family court for a Child Arrangements Order. This is a court order that sets out with whom the children live and how they spend time with the other parent.
Be aware that courts expect parents to attempt mediation before making a court application in most circumstances. There is a process called a Mediation Information and Assessment Meeting (MIAM) that you are usually required to attend before issuing proceedings, although there are exceptions including cases involving domestic abuse.
For a thorough explanation of how this works, read our guide on Child Arrangements Orders in England and Wales.
Key points on children and divorce:
- The divorce petition makes no mention of child arrangements.
- Both parents retain parental responsibility regardless of who the children live with.
- Child maintenance is dealt with separately, usually through the Child Maintenance Service if parents cannot agree.
- Courts always prioritise the welfare of the child as the paramount consideration.
Costs of a DIY Divorce and Where You Can Save Money
One of the main reasons people choose to divorce without a solicitor is cost. Here is a realistic breakdown of what you might pay.
| Item | Typical Cost |
|---|---|
| Court application fee | £593 |
| Certified copy of marriage certificate (if needed) | £11 |
| Consent order drafting (if using a specialist service) | £150 to £500 |
| Solicitor advice session (optional) | £150 to £400 per hour |
| Help with Fees (fee remission) | Free, if eligible |
If you qualify for Help with Fees, the £593 court fee can be reduced or waived entirely. You apply using form EX160 on GOV.UK at the same time as your divorce application.
Compare that to a fully solicitor-managed divorce, which can cost anywhere from £1,500 to £5,000 or more per person depending on complexity and how much negotiation is involved.
A middle-ground option used by many people is to handle the divorce process themselves and use a fixed-fee solicitor only for the consent order, or to use a plain-English guide to understand every stage before completing it themselves. Clarity Guide, for example, is priced from just £37 and gives you a clear, step-by-step walkthrough of the entire process so you can move forward with confidence rather than confusion.
For a full breakdown of divorce costs in England and Wales, including hidden costs people often miss, visit our page on how much divorce costs in the UK.
Ways to keep costs down:
- Use the online HMCTS portal rather than paper forms where possible
- Check your eligibility for Help with Fees before paying
- Try mediation before going to court over finances or children
- Use a specialist document service rather than a full solicitor for consent orders
- Gather all financial documents early to avoid delays
Common Mistakes to Avoid When Divorcing Without a Solicitor
Handling your own divorce can go smoothly, but there are pitfalls that catch people out. Being aware of them in advance can save you time, money and stress.
1. Applying for the final order before finances are settled. Once the final order is made, your status changes to single. This can affect pension death-in-service benefits, inheritance rights and tax position. More importantly, if you have not yet obtained a financial consent order, your financial claims against your spouse do not disappear, but sorting them out after the final order can be more complicated. Always get financial matters formalised first, or at least in progress.
2. Losing or not having the original marriage certificate. You need to submit your original marriage certificate (or a certified copy) with your application. If you cannot find it, you will need to order a replacement from the General Register Office, which takes time.
3. Providing incorrect addresses for your spouse. The court needs to be able to serve documents on your spouse. If you give an out-of-date address, it will delay the process and you may need to apply for alternative service, which adds complexity.
4. Missing deadlines. If you do not apply for the conditional order within 12 months of the application being issued, you will need to provide a reason to the court. Similarly, if you take too long to apply for the final order, the process can stall.
5. Assuming the divorce sorts out everything. As covered above, divorce ends the marriage. It does not divide assets, pensions or property. Many people discover years later that their former spouse can still make financial claims. Do not leave this unresolved.
6. Not checking whether your spouse has received and acknowledged the application. In a sole application, your spouse must acknowledge service. If they do not respond, you may need to take further steps such as applying for deemed service or bailiff service. Check your portal account regularly.
Ready to start your divorce? Get clear, step-by-step guidance from just £37
Clarity Guide gives you everything you need to handle your own divorce in England and Wales with confidence, in plain English, at a fraction of the cost of a solicitor.
Get My Guide — from £37