Since April 2022, couples in England and Wales can complete a divorce entirely online without attending court, unless there are disputes over children or finances. While the process has become more accessible, most people will still benefit from the guidance of a solicitor to ensure everything is handled correctly and fairly. You can learn more about the divorce process and how we can help on our divorce services page.
What is the online divorce process?
Here’s a step-by-step guide on how to apply for a divorce online:
1. Check if you’re eligible for divorce
First, you must check that you are legally eligible to apply for a divorce. To apply for a divorce in England and Wales (note that Scotland and Northern Ireland have different legal systems), the following conditions must be met:
- You must have been married for at least one year.
- Your marriage must have irretrievably broken down.
- You must provide a valid marriage certificate.
Jurisdictional grounds
To apply in England and Wales, at least one of the following legal criteria must also be met:
- Both spouses are habitually resident in England and Wales.
- Both spouses were last habitually resident in England and Wales, and one of them still lives there.
- The respondent is habitually resident in England and Wales.
- The applicant is habitually resident in England and Wales and has lived there for at least one year immediately before the application.
- The applicant is domiciled and habitually resident in England and Wales and has lived there for at least six months immediately before the application.
- Both spouses are domiciled in England and Wales.
- Either spouse is domiciled in England and Wales.
If you’re unsure about whether you meet these criteria, it’s a good idea to seek legal advice before proceeding.
2. Create an online account
Once you have established that you are eligible for a divorce, go to the UK Government website and create an online account. You will use these login details to complete all of the stages of the online divorce process, so keep them safe.
3. Submit the divorce application
Log in and begin your online divorce application. You can apply individually (sole application) or jointly with your spouse.
You will be asked to pay a fee of £612, unless you qualify for financial help (Legal Aid). You can check your eligibility for Legal Aid here, via the Government website.
You will be required to provide several details, such as: personal details of both spouses and a copy of the marriage certificate (scan or photo). In England and Wales, you no longer need to prove someone was at fault when applying for a divorce (such as infidelity or unreasonable behaviour). Now, you just need to state that the marriage has irretrievably broken down.
4. Responding to the application
If it’s a joint application, both partners obviously are in agreement to proceed. If it’s a sole application for divorce, the other spouse (respondent) will be notified of the application in writing and will have 14 days to respond.
5. 20-Week reflection period
After the application has been accepted, there is a 20-week cooling-off period which must be observed before you can apply for the next stage of the online divorce process.
6. Apply for a Conditional Order
After the 20 weeks have ended, you can apply online for a Conditional Order (previously called a Decree Nisi). This confirms the court sees no legal reason to prevent the divorce from going ahead.
7. Apply for a Final Order
After six weeks and one day from receiving the Conditional Order, you can then apply for the Final Order (previously called a Decree Absolute). Once this is granted, you are officially, legally divorced.
All of the above steps can be carried out online, without having to attend court. However, it’s important to remember that this process only dissolves the legal marriage itself. It does not provide any determination on the division of financial assets, or child arrangements.
How long does an online divorce take?
An online divorce will take at least six months to be completed. In the UK, it takes 7-8 months on average, if uncontested. It may take longer than this if:
- Your spouse contests the divorce.
- Court processing times are slow.
- There are disputes relating to children and/or finances.
What are the pitfalls of getting an online divorce?
Nobody to spot mistakes
If you make a mistake while filling out the online divorce forms, it may delay the process. If you’re unsure about how to complete them, there’s limited support available (other than online FAQs or helplines). Unlike a real person (such as a solicitor) who would spot mistakes early, the online system may not catch issues until later and fixing them could add months to the process.
No legal advice on next steps
When completing a divorce completely online, no official legal advice will be given as you will have no contact with a solicitor. Having a dedicated contact for legal advice allows you to always have access to impartial, expert advice on what is best for your and your family’s future.
Addresses the marriage part only
An online divorce only addresses the actual legal side of the marriage itself. It will not provide you with any method of dividing legal assets fairly or formulating a plan for childcare and financial support for your children. All of this is agreed separately, and it is advisable to do so with the help of legal advice.
Can I do the divorce part online myself, and seek legal advice for the rest?
Yes. It is absolutely acceptable for you to complete the divorce process online yourself but seek legal advice from a solicitor or mediator to negotiate a financial settlement and childcare arrangements. You can draft a consent order outside of court with the help of a solicitor which is a legally binding agreement on how assets (property, pensions, savings etc.) will be divided. If you can’t come to an agreement over children or assets however, it is possible you will have to go to court.
UK Government resources and contact details for online divorce
For more information about getting a divorce online, you can visit the UK Government’s dedicated webpage: https://www.gov.uk/divorce. Here you will find details on what to do before you apply for a divorce online; information on how to apply for a divorce online, including how to get help if you are not confident with using online forms; and what to do if your husband or wife lacks mental capacity to agree to the divorce process.
Get personalised advice from our divorce lawyers, nationwide
Divorce can be a stressful and confusing time for many. Our nationwide solicitors provide personalised, expert legal advice, local to you. Let us help you to navigate the divorce process. Book a free, 30-minute consultation with our divorce lawyers by calling 0800 321 3832, or completing our quick, online form today.
Rebecca Franklin
Divorce lawyer Birmingham
