An uncontested divorce is one where both spouses agree that the marriage is over and neither person disputes the application. In England and Wales, this is by far the most common way divorce proceeds, and since the introduction of no-fault divorce in April 2022, it has become more straightforward than ever before. Whether you are just starting to research your options or are ready to take the next step, this guide explains the process in plain English so you know exactly what to expect.
What Is an Uncontested Divorce?
An uncontested divorce simply means that both spouses accept that the marriage has broken down and neither one is challenging the divorce itself. It does not necessarily mean you agree on everything, such as finances or arrangements for children, but it does mean you are not fighting over whether the divorce should happen at all.
In England and Wales, the law changed significantly in April 2022 with the Divorce, Dissolution and Separation Act 2020 coming into force. This introduced no-fault divorce, which removed the old requirement to blame your spouse or prove separation of two or five years. Now, either one person or both people together can apply for divorce simply by stating that the marriage has broken down irretrievably. There is no need to provide evidence or list specific behaviour.
Because of this change, almost every divorce in England and Wales is now effectively uncontested in legal terms. You cannot contest a divorce on the grounds that you do not want it to happen. The only limited grounds to challenge a divorce application relate to jurisdiction (whether England and Wales is the correct country to deal with the divorce) or procedural errors.
This is very different from contesting the financial settlement or disagreeing about child arrangements. Those are separate legal matters dealt with alongside or after the divorce itself. So when people talk about an uncontested divorce, they usually mean a divorce where both parties cooperate, communicate openly, and aim to resolve all matters without lengthy court battles.
If you want a broader overview of how the process works from start to finish, take a look at our complete guide to divorce in England and Wales.
How the Uncontested Divorce Process Works Step by Step
The divorce process in England and Wales follows a clear sequence of stages. Here is what to expect from beginning to end.
- Submit the divorce application. You can apply as a sole applicant (just you) or as joint applicants (both of you together). The application is submitted online through the HMCTS divorce portal or by post using a paper form. You will need to pay the court fee at this stage, which is currently £593.
- Your spouse acknowledges the application. If you are the sole applicant, your spouse will be sent the application and asked to confirm they have received it by completing an acknowledgement of service. In a joint application, this step is not required because both of you have already signed the application.
- Apply for the conditional order. After a mandatory 20-week reflection period from the date the application was issued, you can apply for the conditional order (formerly known as the decree nisi). This is the court's confirmation that you are legally entitled to a divorce. The court will check the paperwork and, assuming everything is in order, grant the conditional order without a hearing in most cases.
- Wait six weeks and one day. 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.
- Apply for the final order. The final order (formerly called the decree absolute) legally ends your marriage. Once this is granted, you are divorced.
In total, the minimum time from application to final order is around 26 to 28 weeks, though in practice it often takes longer due to court processing times. For a detailed look at timescales, read our guide on how long divorce takes in England and Wales.
Sole Application vs Joint Application: Which Should You Choose?
One of the first decisions you will make is whether to apply for divorce as a sole applicant or jointly with your spouse. Both routes lead to the same outcome, but there are some practical differences worth understanding.
Sole application means only one of you initiates the process. The person applying is called the applicant, and the other spouse is the respondent. The respondent does not need to actively participate beyond completing the acknowledgement of service, and they cannot stop the divorce from going ahead. This route works well even when communication between you is limited.
Joint application means both of you apply together. This approach removes the need for an acknowledgement of service and can feel more cooperative and balanced. It suits couples who are on reasonably good terms and want to manage the process collaboratively. Both applicants must have access to the online portal or be able to sign the paper forms.
There is no difference in the court fee between the two routes. The choice largely comes down to your relationship with your spouse and how much you want to cooperate during the process.
One practical note: if you apply jointly and then the relationship between you breaks down during the process, one applicant can ask the court to switch the application to a sole application. This is relatively straightforward to arrange.
For most couples going through an uncontested divorce, a joint application is a natural fit. It signals cooperation from the outset and tends to set a positive tone for sorting out finances and any other matters that follow.
What About Finances and Children During an Uncontested Divorce?
It is important to understand that the divorce itself is a separate legal process from sorting out your finances or making arrangements for children. Getting a final order does not automatically resolve who gets what or how you will co-parent.
Financial settlement is one of the most important parts of any divorce. Even in an uncontested divorce where you both agree, it is strongly advisable to formalise your financial agreement through a consent order. A consent order is a legally binding document approved by the court that sets out exactly how you have agreed to divide assets, property, pensions, and any ongoing financial support. Without one, your spouse could make a financial claim against you years down the line, even after you have both remarried.
To have a consent order approved, you will need to provide a brief financial summary so the court can check that the agreement is broadly fair. You do not usually need to attend a hearing. The court fee for a consent order application is currently £53.
If you are trying to work out what a fair financial split might look like, our free divorce financial calculator can give you a useful starting point.
Child arrangements are ideally agreed between parents without court involvement. You can document what you have agreed in a parenting plan, though this is not legally binding. If you cannot agree, you may need to apply to the family court for a child arrangements order, but this is a separate process entirely.
Many couples going through an uncontested divorce use a mediator to help them reach agreement on finances and child matters. This is usually much cheaper and faster than going to court, and it keeps the process amicable.
How Much Does an Uncontested Divorce Cost?
Cost is one of the most common concerns people have when starting the divorce process. The good news is that an uncontested divorce in England and Wales does not have to be expensive.
The main fixed cost is the court fee of £593. This is payable when you submit your divorce application and covers the processing of the application through to the final order. If you are on a low income or receiving certain benefits, you may be eligible for Help with Fees (formerly known as fee remission), which could reduce or waive this cost entirely.
Beyond the court fee, your costs will depend on whether you use a solicitor. Many people going through an uncontested divorce choose to handle the paperwork themselves, particularly now that the online portal makes the process more accessible. If you do use a solicitor, you should expect to pay anywhere from £150 to £400 or more per hour, and a straightforward uncontested divorce could still cost £1,500 to £3,000 or more in legal fees.
Alternatively, a plain-English guide like Clarity Guide (from £37) can walk you through every step of the process, help you understand what to do and when, and save you thousands in unnecessary legal fees. For a full breakdown of what you might spend, visit our guide on how much divorce costs in the UK.
If you decide to apply for a consent order to formalise your financial settlement, add the £53 court fee for that application. Some couples also choose to pay a solicitor to draft or review the consent order, which is a reasonable use of professional advice given its legal importance.
| Cost item | Approximate amount |
|---|---|
| Divorce application court fee | £593 |
| Consent order court fee | £53 |
| Clarity Guide (DIY support) | From £37 |
| Solicitor (full representation) | £1,500 to £5,000+ |
Can You Do an Uncontested Divorce Without a Solicitor?
Yes, absolutely. Thousands of people in England and Wales complete an uncontested divorce without using a solicitor, and the introduction of the online portal has made this more accessible than ever before.
You do not have a legal obligation to instruct a solicitor in order to get divorced. The courts are set up to handle applications from people representing themselves, known in legal terms as litigants in person. HMCTS provides guidance notes alongside the forms, and the online portal includes prompts to help you complete each step correctly.
That said, doing it yourself does require you to understand the process, complete the forms accurately, and keep track of what stage you are at and what needs to happen next. Mistakes can cause delays or require you to resubmit paperwork, which can add weeks to an already lengthy process.
This is where a resource like Clarity Guide can make a real difference. Rather than paying hundreds of pounds an hour for a solicitor to handle correspondence, you can use a structured guide to understand every step in plain English and complete the process confidently at your own pace.
Our detailed guide on how to divorce without a solicitor in the UK covers exactly what is involved and when it might make sense to seek professional help.
As a general rule, if your divorce is straightforward and you and your spouse agree on the key issues, going without a solicitor is a very reasonable choice. If there are complex assets, business interests, pension sharing, or disputes about children, getting at least some legal advice is worth considering.
Scotland Is Different: A Quick Note
This article focuses specifically on England and Wales. If you or your spouse is based in Scotland, it is important to know that Scottish divorce law is different and is handled by different courts.
Scotland has its own legal system, and while it also allows for straightforward, uncontested divorces, the terminology, forms, and process are not the same. For example, Scotland uses the term simplified procedure for uncontested divorces with no children or financial disputes, which allows you to apply directly to the sheriff court without needing a solicitor. The final document you receive in Scotland is a decree of divorce rather than a final order.
If your divorce falls under Scottish law, you can find everything you need in our complete guide to divorce in Scotland. It is worth checking which country has jurisdiction over your divorce before you begin, as applying in the wrong jurisdiction can cause significant delays.
Ready to start your divorce with confidence and clarity?
Clarity Guide walks you through every step of uncontested divorce in plain English, from application to final order, starting from just £37.
Get My Guide — from £37