Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Divorce definition

What does Divorce mean? Divorce is the court process that ends a marriage and allows remarriage. In practice it involves a divorce application and, often in parallel, financial remedies (ancillary relief) and child arrangements, which are separate. In England and Wales (Divorce, Dissolution and Separation Act 2020; Matrimonial Causes Act 1973), a no‑fault regime applies: a sole or joint application is made on the single ground of irretrievable breakdown, evidenced by a statement. The court issues a conditional order and, after the statutory minimum period, a final order (replacing decree nisi/absolute). In Scotland (Divorce (Scotland) Act 1976), irretrievable breakdown is proved by adultery, unreasonable behaviour, or...

Pre-6 April 2022 divorce in England and Wales: petition grounds, procedure, service, decrees nisi/absolute and timelines, with contrast to the DDSA 2020 no-fault regime

Published by a LexisNexis Family expert

Precedents

This document offers general guidance on the Divorce procedure in relation to divorces begun before 6 April 2022. Your family lawyer will be able to provide advice tailored to your particular circumstances.

How do I apply for a divorce?

To begin a divorce application, you must have been married for a minimum period of one year from the date of the marriage. It does not matter where in the world the marriage took place, but you may only apply in England and Wales if either you or your spouse satisfy certain residence requirements or are domiciled here. If you are unsure about eligibility, speak to your family lawyer for clarification.

The procedure is largely administrative in nature. In most situations, neither party is required to attend before a judge; the judge will almost always approve the divorce on the paperwork alone, based on the documents submitted. The process remains straightforward provided your spouse does not choose to defend the proceedings and ask the court to refuse the divorce. If that occurs, it is known as a defended divorce and proceeds differently; defended divorces are costly and, fortunately, very rare indeed...

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Web page updated on 22/05/2026

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