Going through a divorce is one of the most stressful experiences a person can face, but the legal process itself does not have to be complicated or expensive. Since the introduction of no-fault divorce in April 2022, doing your own divorce in England and Wales has become more straightforward than ever before. This step by step guide walks you through every stage, from checking you are eligible right through to receiving your final divorce order, in plain English.
What Is a DIY Divorce and Is It Right for You?
A DIY divorce simply means handling your own divorce application without hiring a solicitor to do it on your behalf. You deal directly with the court, complete the forms yourself, and pay the court fee without adding thousands of pounds in legal fees on top. Solicitors in England and Wales typically charge between £150 and £400 or more per hour, so even a relatively straightforward case can cost £1,500 to £3,000 or more in legal fees alone. Doing it yourself can reduce that cost dramatically.
DIY divorce works best when both spouses agree the marriage has broken down, there is no dispute about whether to get divorced, and any financial and child arrangements are either already agreed or will be handled separately. It is not a shortcut around sorting out finances or property. A divorce order ends the marriage, but it does not automatically divide your assets. You will still need a financial consent order approved by the court if you want a legally binding financial settlement.
If your situation involves domestic abuse, complex international assets, disputes about where the children will live, or a spouse who refuses to engage, you should take proper legal advice before proceeding alone. For everyone else, DIY divorce is a perfectly sensible option that thousands of couples in England and Wales choose every year.
It is worth noting that Scotland has a completely separate legal system. The process, terminology and forms are different. If you are based in Scotland, you can find detailed guidance in our complete guide to divorce in Scotland. Everything in this article relates to England and Wales only.
Step 1: Check You Meet the Eligibility Requirements
Before you apply, you need to confirm you meet the basic legal requirements for divorce in England and Wales. Getting this wrong at the start can cause delays, so run through this checklist first.
- You must have been married for at least one year. You cannot apply for divorce before your first wedding anniversary. If you have been married for less than a year and the relationship has broken down, you may be able to apply for a judicial separation instead, but you cannot divorce yet.
- The marriage must be legally recognised in England and Wales. This includes marriages that took place abroad, provided they were valid under the law of that country and are recognised under UK law.
- The marriage must have irretrievably broken down. Since April 2022, this is the only ground for divorce and you simply state it on the application form. You no longer need to blame your spouse or cite reasons such as adultery or unreasonable behaviour.
- At least one of you must be habitually resident in England or Wales, or domiciled here. If you have both lived abroad for a long time, you should take advice on jurisdiction before applying.
If you are married to a same-sex partner, the process is identical. Civil partnerships are dissolved through a parallel process using the same online portal and very similar forms, with the final document called a dissolution order rather than a divorce order.
Once you have confirmed you are eligible, you are ready to move on to the application itself. For a broader overview of the process, our complete guide to divorce in England and Wales covers the full picture including finances and children.
Step 2: Decide Whether to Apply Jointly or as a Sole Applicant
Under the current no-fault divorce law, you can apply as a sole applicant or as joint applicants. This is one of the most important decisions you will make at the start, so it is worth understanding the difference clearly.
Joint application: Both spouses apply together. You both log into the HMCTS online divorce portal and sign the application. This approach tends to be smoother because both parties are engaged from the start. Neither spouse can be served with papers as a surprise, and both can progress the application together. It is generally the recommended route when both spouses are on good terms and both want the divorce to move forward.
Sole application: One spouse (the applicant) applies alone. The other spouse (the respondent) is then notified by the court. The respondent does not need to agree to the divorce under no-fault law, but they do need to acknowledge receipt of the papers. If the respondent does not respond within the required timeframe, you can ask the court to proceed without their acknowledgement, though this adds complexity and time.
For a DIY divorce, joint applications are usually easier to manage because both parties can keep track of progress through the portal. If your relationship is acrimonious or your spouse is uncontactable, a sole application is your route, but be prepared for the possibility of needing some legal help if the respondent causes difficulties.
Once you have decided, gather the documents you will need: your marriage certificate (the original or a certified copy), your address details and your spouse's address details, and your bank card to pay the court fee.
Step 3: Submit Your Divorce Application and Pay the Court Fee
You apply online through the HMCTS divorce and dissolution portal at www.gov.uk. You will need to create an account if you do not already have one. The online form guides you through each section and is generally straightforward to complete. Here is what you will be asked for:
- Your personal details and your spouse's personal details, including full names and addresses.
- Details of your marriage, including the date and place it took place.
- Your marriage certificate reference number (you will upload or post the original certificate to the court separately if you have not already done so).
- Confirmation that the marriage has broken down irretrievably. You do not need to explain why or give any details.
- Any existing court orders relating to children or finances that are already in place.
Once the form is complete, you pay the court fee. As of 2026, the divorce application fee is £593. This is a government court fee and applies whether you use a solicitor or do it yourself. If you are on a low income, you may be eligible for a fee remission (reduction or waiver) through the Help with Fees scheme. You apply for this using form EX160 before submitting your divorce application.
Understanding the total cost of divorce, including court fees, potential financial consent order fees, and any legal advice costs, is important for planning. Our guide to how much divorce costs in the UK breaks this down clearly.
After you submit and pay, the court will issue your case number. Keep this safe. You will need it for every future step.
Step 4: Apply for the Conditional Order (Formerly Decree Nisi)
Once the application is issued, there is a mandatory 20-week waiting period from the date of issue before you can apply for the conditional order. This waiting period exists to give both spouses time to reflect and to ensure neither party is being rushed. You cannot speed this up.
If you made a sole application, the court will serve the application on your spouse (the respondent) during this period. The respondent has 14 days to acknowledge service online. If they do not, you may need to arrange alternative service or apply to the court for deemed service. This is one of the few stages where a sole applicant may encounter difficulty if the respondent is uncooperative or hard to locate.
After the 20-week period has passed, you apply for the conditional order. This was previously called the decree nisi. You do this through the same online portal. For a joint application, both applicants need to confirm they still wish to proceed. For a sole application, only the applicant applies.
A judge will review the application to confirm it meets the legal requirements. You do not usually need to attend court for this stage. The court will notify you of the date the conditional order is made. This is an important milestone because it confirms the court is satisfied the marriage can be dissolved, but it does not end the marriage yet.
At this point, if there are financial matters still unresolved between you and your spouse, it is strongly advisable to sort these out before applying for the final order. Once the final order is made and the marriage is legally over, certain financial claims (particularly pension sharing) can become more complicated to pursue. Take time at this stage to reach a financial agreement if you have not already done so.
Step 5: Apply for the Final Order to End the Marriage
The final order is the legal document that ends your marriage. Once it is made, you are officially divorced. You can apply for the final order six weeks and one day after the date of the conditional order. Again, you apply through the HMCTS online portal.
There is no upper time limit for applying for the final order, and many couples deliberately wait until they have a signed financial consent order in place before applying. This is sensible, because a finalised divorce can affect pension rights, inheritance rights, and certain financial claims. Do not rush this step just because you can proceed.
Once you apply, the court will issue the final order relatively quickly, often within a few days to a couple of weeks depending on court workload. You will receive the final order document by post and also via the online portal. Both spouses receive a copy.
From this point, you are legally divorced and free to remarry if you wish. Keep your final order document safe as you will need it for various practical purposes such as changing your name, updating your passport, and dealing with banks and financial institutions.
The full process from submitting the application to receiving the final order typically takes a minimum of around six months because of the 20-week waiting period and the six-week gap between the conditional and final orders. In practice, many cases take seven to twelve months depending on how quickly each stage is completed and how busy the courts are.
Financial Settlements: What You Still Need to Sort Out
One of the biggest misconceptions about DIY divorce is that once you have the final order, everything is resolved. It is not. The divorce order ends the marriage. It does not divide your house, your savings, your pensions, or your debts. You need to deal with finances separately, and this is often the most complex and contentious part of the whole process.
If you and your spouse reach a financial agreement between yourselves, you should record it in a financial consent order and have it approved by the court. Without a court-approved order, either of you could make financial claims against the other in the future, even years after the divorce. This applies even if you think you have nothing to divide right now.
The process of applying for a financial consent order involves submitting a draft order and a statement of information form (Form D81) to the court. A judge reviews it to check it is fair. There is a separate court fee for this, currently around £53. You can draft a consent order yourselves if both parties agree, but many people use a fixed-fee service or a solicitor to draft the document correctly.
If you cannot agree on finances, you will need to apply for a financial remedy order through the court. This is a contested process and almost always requires legal advice or representation. It falls outside the scope of a pure DIY divorce.
To get a clear picture of what a fair financial split might look like for your situation, try our free divorce financial calculator. It is a useful starting point before any negotiations begin.
If you want to understand the full DIY route in more detail, including how to handle the process without a solicitor, our guide on how to divorce without a solicitor in the UK covers everything you need to know.
Common Mistakes to Avoid in a DIY Divorce
Doing your own divorce is entirely manageable, but there are some common pitfalls that can cause delays, extra cost, or legal problems down the line. Being aware of these from the start will save you a great deal of frustration.
- Sending the wrong marriage certificate. The court needs the original marriage certificate or a certified copy. A photocopy is not acceptable. If you have lost your certificate, you can order a replacement from the General Register Office before you apply.
- Applying for the final order too soon. Applying before you have a financial agreement in place can leave you vulnerable. Certain financial claims, particularly around pensions, are easier to pursue while you are still technically married. Get financial matters agreed and documented first.
- Assuming the divorce sorts out the mortgage. It does not. If you have a joint mortgage, it remains joint until you formally transfer ownership or remortgage the property into one name. This requires a separate legal and conveyancing process and lender agreement.
- Missing acknowledgement deadlines in a sole application. If you have made a sole application and your spouse does not acknowledge service within 14 days, you need to act. Ignoring this will stall your case.
- Not updating your will. A divorce does not automatically revoke your will in England and Wales. It does revoke gifts and appointments made to your former spouse, but it does not create a new will for you. Update your will promptly once divorced.
- Forgetting about pensions. Pensions are often the largest asset in a marriage after the family home, yet many DIY divorces overlook them entirely. Even if pensions seem small now, get a pension valuation and consider whether a pension sharing or offsetting arrangement is appropriate.
The good news is that most of these mistakes are entirely avoidable with the right guidance. A resource like Clarity Guide, available from just £37, can help you understand every stage without the cost of solicitor fees at every turn.
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