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How do you start the process of divorce?

Updated on April 22, 2026

| Divorce, Family & Divorce

Our family law solicitors outline how to start the process of divorce.

It is deeply sad when a relationship breaks down, but sometimes a divorce or dissolution is the only way forward. If you are considering ending your marriage or civil partnership, you likely have a lot of questions about what the process of divorce may involve. Our specialist divorce solicitors can give you a breakdown of what you can expect and the best way to proceed.

When can I get a divorce?

Unfortunately, there is no such thing as a “quickie” divorce – in England and Wales, you usually need to have been married for at least a year. One or both parties will also need to have habitually resided or been domiciled in England and Wales (which essentially means you usually live in England or Wales and have a permanent home there, but exact definitions may vary).

Need family law advice? Our experienced solicitors are happy to provide you with a free initial phone consultation. For more information visit Family Law and Divorce.

On what grounds can I get a divorce?

Previously, you could only apply for a divorce or dissolution under one of the following grounds:

Adultery (not applicable for civil partners)
Desertion
Unreasonable behaviour
Separation for at least 2 years (if the divorce is uncontested)
Separation for at least 5 years (if the divorce has been contested)

Fortunately, As of 6th April 2022, No Fault divorce is an option for divorcing UK couples – you do not need to assign blame for the divorce onto one party nor have a “reason” for divorce. It is also no longer possible to contest a divorce application.

That isn’t to say you no longer can provide one of the above grounds as the reason for the divorce if you want to – however, the reason for divorce seldom has an influence on the procedure of divorce or on the settlement you can expect.

How can I get a divorce if I don’t know my spouse’s whereabouts?

You don’t need to know your spouse’s location in order to obtain a divorce. You can simply make the divorce application as you would anyway, and you can list desertion as the reason if you want to. Once this has been done, our divorce solicitors can help you understand how the procedure of divorce will likely work in your specific circumstances.

If you’re experiencing desertion from your spouse, read our blog post on desertion here for more guidance.

How will time with the children be arranged?

You and your spouse can discuss how time with your children will be split between you prior to petitioning for a divorce. If coming to an agreement is difficult, you may benefit from the services of a family mediator – a mediator can provide unbiased advice and a neutral space with which it is easier to conduct a civil discussion. Before doing so, it is wise to seek legal advice first in order to establish your requirements.

If mediation is ineffective, you may need to apply to Court for a Child Arrangements Order – find out more in our blog “What is a child arrangement Order?”

Our Family and Divorce Solicitors are Law Society Accredited and have extensive experiencing in handling a wide range of divorce cases, from cases including high net-worth assets to cases involving hidden assets. We can offer pragmatic and clear advice, help you understand your position and, should the matter need to go to court, we can represent you.

Will I need a solicitor?

A solicitor is almost always necessary for a divorce in order to make sure that the division of finances and child arrangements are fair. In most cases, each party will instruct their own solicitor.

How do I apply for divorce?

You can make an application for a divorce online or by sending a completed Form D8 by post to your local divorce centre. To apply, you will usually need your marriage certificate (or a certified copy), your spouse’s full name and address and proof of name change if your named changed when you got married (though usually the marriage certificate will suffice).

As of 6th April 2022, this application can now be made jointly with your spouse.

Once the application has been received, the court will check that it has been correctly completed and then send a notice to you and your spouse.

How can I end a civil partnership?

You will instead need to apply for a dissolution. In England and Wales, the process does not differ much from the divorce procedure: you can still only dissolve a civil partnership a year after it was created and the grounds for dissolution are almost the same for those of divorce, except that adultery is not listed as an option.

How much does it cost to get a divorce?

At the time of writing, the divorce application fee is currently £593. This fee is usually paid by the person who makes the application (known as the “applicant”).

The cost of mediation may differ depending on how many sessions of mediation are needed and on the specifics of the divorce.

Should the matter go to court, you may need to pay legal costs.

How long does it take to get divorced?

Unfortunately, the process of divorce is often a lengthy process and the time it takes can be made longer the more there is to consider. Even if you and your spouse agree to get divorced and agree on the financial arrangements post divorce, it can take well over 6 months to be finalised. If there are any disagreements, it is likely to take far longer.

How can I safely divorce my abusive spouse?

If you’re suffering from domestic abuse, there are ways you can leave the marriage safely. You can apply for a non-molestation order which will prevent your spouse from legally being able to contact you or come near you.

You don’t have to face domestic abuse alone. You can call the National Domestic Abuse Helpline at any time of the day or night on 0808 2000 247 for free confidential advice and support. You can also look at the government website for more information about the services available to support you.

I want to end my relationship, but I don’t want to get divorced. Is there another way?

If you cannot get divorced for religious reasons, you can still legally register that the relationship has ended and that you are living separately. While it will not have the same legal implications as a divorce, you can seek a separation agreement which will confirm that you and your spouse are no longer living together and set out how your finances and children arrangements will change as a result of the end of the relationship. Alternatively, you can apply for a judicial separation which is a similar process to a divorce, but would allow you to settle the financial matters (apart from pensions) in the same way as a divorce.

Be aware that neither option will end your marriage, meaning that you cannot remarry. To remarry, you will need to get a divorce.

Are the rules different for same-sex couples?

If you are in a same-sex marriage or civil partnership, the process of divorce or dissolution is the same as it would be for a heterosexual couple.

How Starck Uberoi can help

Our divorce lawyers can assist you with your divorce application, help you outline your needs and represent you if the matter needs to go to court. We have Law Society Accreditation in recognition of the high-quality services we provide and have extensive experience handling a wide variety of different divorce cases.

For more information, please see our Family Law and Divorce page. To book an appointment, please call 020 8840 6640 or email solicitor@starckuberoi.co.uk. Our offices are located in Brentford, Ealing, London Belgravia and Canterbury, all within easy reach by bus or train. Our partner, Raminder Singh Uberoi, can also provide a Notary Public service at any of our London offices.