Applying For Divorce

A brief summary of the process in England and Wales is as follows:

You need to decide whether you want to make a joint application with your husband or wife or whether you want to apply on your own.

It normally takes at least 6 months to get a divorce. This is the same for joint and sole applications.

You can make a joint application if:

• • you both agree that you should get a divorce; and
  • you’re not at risk of domestic abuse.

A sole application will be more suitable if:

• • You’re at risk of domestic abuse;
  • your husband or wife does not agree you should get a divorce;
  • you do not think your husband or wife will cooperate or respond to notifications from the court; or
  • there are urgent reasons for one of you to apply for a divorce without notifying the other, for example jurisdictional issues, in which case you should obtain urgent independent legal advice.

To apply for a divorce you will need:

• • Both your full names and addresses;
  • your original marriage certificate or a certified copy (and a certified translation if it’s not in English);
  • proof of a name change if you’ve changed it since you got married – for example your marriage certificate or a deed poll;
  • your husband or wife’s current address. This is so the court can send them a copy of the divorce application. If you give your husband or wife’s email address, the court will send the divorce papers to them online. If you do not give an email address the papers will be sent by post.

There is a £593 court fee to apply for a divorce. You may be able to get help with fees if you receive benefits or are on a low income. If you are making a joint divorce application and want help with paying the fee, you must both apply for help. If your husband or wife is not eligible or does not apply, you’ll have to pay the full fee.