These rules apply to divorces in England and Wales. The Divorce, Dissolution and Separation Act (2020) allows couples to divorce without having to prove fault.
You will need to have been married for a year to be able to apply for a divorce.
You need to decide whether you are going to make a joint application with your spouse, or your own sole application. There is no longer any requirement to demonstrate fault.
Joint application
If you apply jointly, the application will be checked and issued. You will both be sent emails to confirm that the application has been issued. You then need to wait for 20 weeks. You will then receive another email confirming you can apply for a conditional order.
Sole application
You will be sent a notice that your application has been checked and issued. You will be sent an email to confirm that your spouse has been sent the divorce application. This will be sent to your spouse via email provided that you give the court an email address for your spouse.
Recipient of sole application
The recipient has two weeks to respond online to the divorce application to confirm whether they will continue without disputing the divorce. You will receive notification of their response via email.
If your spouse does not reply to the divorce application, your case will require additional steps, to prove to the court that your spouse is aware of the divorce.
Conditional order
You will receive an email notification after the 20-week period to confirm when you can apply for a conditional order online.
Final order
As a sole applicant or joint applicant, you are entitled to apply for the final order 6 weeks after the date of the conditional order. If you do not apply to finalise the divorce, your spouse must wait 3 months to apply for the final order.
You will then be divorced.
