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...

Divorce procedure for same‑sex marriages commenced before 6 April 2022: grounds, process and practicalities (England and Wales)

Published by a LexisNexis Family expert

Precedents

This note provides general guidance about the Divorce procedure for cases started before 6 April 2022. It is not a substitute for tailored support; your family lawyer will be able to give specific advice that reflects your individual circumstances.

How do I apply for a divorce?

To begin a divorce application, you must have been married for a minimum of one year; you cannot start earlier even if both of you agree.
Where in the world the ceremony took place does not matter; however, you may only apply in England and Wales if you or your spouse satisfy certain residency conditions or are domiciled here. If you are unsure, speak with your family lawyer.
The process is largely administrative in nature, meaning that in the vast majority of cases neither party needs to attend before a judge.
Divorces are almost always approved by a judge on the paperwork alone, without a hearing.
The steps remain straightforward provided your spouse does not ask the court to refuse the divorce. If they do, this is known as a defended divorce; it is a different process, usually expensive and, thankfully, very uncommon...

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Web page updated on 22/05/2026

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