When a marriage or civil partnership has permanently broken down, it is important to understand the legal process for bringing the relationship to an end and protecting your position in relation to finances, property, pensions and children.
In England and Wales:
- A marriage is legally ended by obtaining a divorce.
- A civil partnership is legally ended by obtaining a dissolution order.
The legal procedures for divorce and dissolution are broadly similar. Under the no-fault system, it is no longer necessary to blame either party for the breakdown of the relationship. A sole applicant or both parties jointly can apply by confirming that the marriage or civil partnership has broken down irretrievably.
At Premium Solicitors, our specialist divorce and family law solicitors can provide clear legal advice and professional representation throughout the process of ending your marriage or civil partnership in England and Wales.
Ending a marriage or civil partnership can have important consequences for your finances, home, pension, children and future legal rights. Our specialist divorce and family law solicitors can assess your circumstances, explain your available options and guide you through each stage of the divorce or dissolution process.
Contact Premium Solicitors today to arrange an appointment with one of our experienced divorce and family law solicitors.
Free Advice for Ending Marriage/Civil Partnership
At Premium Solicitors, we understand that divorce and dissolution of civil partnership matters can be emotionally challenging and stressful. To help you better understand your legal position before booking a detailed consultation, our experienced team offers a 5-minute free advice service.
This free initial advice session gives you the opportunity to briefly discuss your circumstances with one of our experienced divorce and family lawyers and receive general guidance about the legal options and next steps available to you.
To benefit from our 5-minute free divorce and family law advice service, complete the enquiry form below or call us on 020 3930 3900 today.
Our Services for Ending Marrige/Civil Partnership
Our specialist team of divorce and family law solicitors in London can provide expert legal advice and representation for the following matters arising from the breakdown of a marriage or civil partnership:
- Ending a Marriage through Divorce
- Annulment of Marriage
- Dissolution of Civil Partnership
- Annulment of Civil Partnership
- Judicial Separation
- Prenuptial Agreements
- Separation Agreements
- Divorce Financial Settlement
- Financial Settlement After an Overseas Divorce
- Spousal Maintenance
- TOLATA Claim for Unmarried Couples
Difference Between Divorce and Civil Partnership Dissolution
A divorce is the legal procedure used to end a marriage.
A civil partnership dissolution is the equivalent legal procedure used to end a registered civil partnership.
Although different terminology is used, both procedures generally involve:
1. Making a sole or joint application;
2. Serving or acknowledging the application where required;
3. Applying for a conditional order; and
4. Applying for a final order.
The final order legally ends the marriage or civil partnership. However, the final order does not automatically resolve financial matters, property ownership, pensions, maintenance or arrangements for children.
No-Fault Divorce and Dissolution
The Divorce, Dissolution and Separation Act 2020 introduced the current no-fault divorce and dissolution process in England and Wales on 6 April 2022.
Under this process, an applicant does not need to rely on allegations such as adultery, unreasonable behaviour, desertion, or a specified period of separation. Instead, the applicant or applicants provide a statement confirming that the marriage or civil partnership has broken down irretrievably.
The court must generally treat that statement as conclusive evidence that the relationship has irretrievably broken down. This reduces the need for parties to make allegations against one another merely to obtain a divorce or dissolution.
It is also no longer normally possible for a respondent to defend or contest the ending of the relationship simply because they do not want a divorce or dissolution. An application may still be disputed on limited legal grounds, such as jurisdiction, the validity of the marriage or civil partnership, fraud or procedural irregularity.
Can I Apply to End My Marriage or Civil Partnership
You can normally apply for a divorce in England and Wales where:
- You have been married for at least one year;
- Your marriage is legally recognised in the United Kingdom;
- Your relationship has permanently broken down; and
- The courts of England and Wales have jurisdiction to deal with the application.
A person can similarly apply to dissolve a civil partnership once the civil partnership has existed for at least one year.
Jurisdiction can be particularly important where:
- One or both parties live outside England and Wales;
- The marriage or civil partnership took place abroad;
- The parties have homes or assets in more than one country;
- Divorce proceedings may be started in another jurisdiction; or
- One party has recently moved to or from England and Wales.
Obtaining legal advice at an early stage may be crucial in international cases because the country in which proceedings are issued can affect the procedure, timescale and available financial remedies.
Sole and Joint Applications
A divorce or dissolution application can be made either jointly or by one party alone.
Joint divorce or dissolution application
A joint application may be appropriate where both parties:
- Agree that the relationship should legally end;
- Are willing to cooperate during the court process; and
- Are not at risk of domestic abuse.
Both applicants must separately confirm at the relevant stages that they wish to continue with the joint application.
A joint application does not necessarily mean that the parties have agreed about finances, property or children. Those issues may still need to be negotiated or determined separately.
Sole divorce or dissolution application
A sole application is made by one spouse or civil partner. The other person becomes the respondent.
A sole application may be more appropriate where:
- The other party will not cooperate;
- Communication has broken down;
- The applicant does not know whether the other party will participate;
- There has been domestic abuse or controlling behaviour;
- Urgent legal protection is required; or
- There is a dispute concerning finances, children or jurisdiction.
The court will normally send the application to the respondent, who must complete an acknowledgement of service. Additional steps may be required if the respondent avoids service or their address is unknown.
The Divorce and Dissolution Process
The usual process for ending a marriage or civil partnership consists of the following stages.
1. Preparing the application
The applicant must provide information including:
- The parties’ full names;
- The date and place of marriage or civil partnership;
- The marriage or civil partnership certificate;
- Contact details for the other party;
- Details of any other relevant court proceedings; and
- Confirmation that the relationship has irretrievably broken down.
A certified translation will usually be required where the marriage or civil partnership certificate is not in English.
2. Issuing the application
The application is submitted to the court online or by post. A court fee is payable unless the applicant qualifies for help with fees.
As of August 2026, the government application fee for a divorce or civil partnership dissolution is £612. Court fees can change, so the applicable fee should be checked before submitting an application.
3. Service and acknowledgment
In a sole application, the respondent is normally sent a copy of the application and asked to confirm receipt by completing an acknowledgement of service.
Where the respondent cannot be located, refuses to acknowledge the proceedings or attempts to avoid service, it may be necessary to apply for:
- Personal service by a process server;
- Alternative service;
- Deemed service; or
- Dispensation with service.
Our solicitors can advise on the appropriate procedural application where service becomes difficult.
4. Applying for the conditional order
The conditional order is the first formal court order confirming that the court sees no legal reason why the marriage or civil partnership cannot be ended.
There is a minimum waiting period of 20 weeks from the date on which the application is issued before an application for a conditional order can normally be made.
The 20-week period provides time for the parties to consider arrangements relating to finances, property and children.
5. Applying for the final order
Once the conditional order has been made, the applicant must wait at least six weeks and one day before applying for the final order.
The final order legally ends the marriage or civil partnership.
Before applying for the final order, it is sensible to obtain advice about unresolved financial matters. Ending the legal relationship before completing a financial settlement can affect certain rights, including rights connected with pensions, inheritance and occupation of the family home.
How Long Does a Divorce or Dissolution Take?
A straightforward divorce will normally take at least 6 to 7 months from the date the application is issued. The same statutory waiting periods apply to both joint and sole applications.
The process may take longer where:
- The respondent does not acknowledge the application;
- The respondent cannot be located;
- Alternative service is required;
- There is a jurisdictional dispute;
- One joint applicant stops cooperating;
- Court processing is delayed; or
- The parties decide not to apply for the next order immediately.
The divorce or dissolution timetable is separate from the timetable for resolving financial or children matters. A contested financial remedy case may continue after the divorce itself has reached the conditional order stage.
Does Divorce Automatically Settle the Finances?
No. Obtaining a divorce or dissolution does not automatically terminate financial claims between former spouses or civil partners.
Financial matters may include:
- The family home and other property;
- Savings and investments;
- Business interests;
- Personal and joint debts;
- Pension sharing;
- Lump-sum payments;
- Spousal or civil partner maintenance;
- Trust assets;
- Overseas property; and
- The possibility of a clean break.
Where the parties reach an agreement, they should usually apply for a financial consent order to make that agreement legally binding. Without an approved consent order, an informal agreement may not prevent either party from bringing financial claims in the future.
Where an agreement cannot be reached, either party may ask the Family Court to determine the financial arrangements by making a financial remedy order. Court proceedings are generally more time-consuming and expensive than reaching an appropriate negotiated settlement.
Our divorce and family law solicitors can assist with:
- Voluntary financial disclosure;
- Negotiating a financial settlement;
- Drafting a consent order;
- Clean-break orders;
- Pension sharing orders;
- Property adjustment orders;
- Spousal maintenance;
- Financial dispute resolution; and
- Contested financial remedy proceedings.
Arrangements for Children
Divorce and civil partnership dissolution proceedings do not automatically determine where children will live or how much time they will spend with each parent.
Parents are encouraged to agree arrangements concerning:
- Where the children will live;
- When they will spend time with each parent;
- Schooling and education;
- Holidays and overseas travel;
- Healthcare and important decisions;
- Communication with each parent; and
- Child maintenance.
Arrangements concerning children and financial support for children are legally separate from the divorce or dissolution proceedings.
Where agreement cannot be reached, an application may be made for a child arrangements order. Depending on the dispute, it may also be appropriate to apply for a prohibited steps order or specific issue order.
The court’s paramount consideration when determining arrangements is the welfare of the child.
Ending a Marriage or Civil Partnership Where There Is Domestic Abuse
A person experiencing domestic abuse should obtain confidential legal advice before making a joint application or communicating directly with the other party.
Domestic abuse can include:
- Physical violence;
- Threatening behaviour;
- Coercive or controlling behaviour;
- Emotional or psychological abuse;
- Sexual abuse;
- Financial abuse;
- Harassment; and
- Online or technology-facilitated abuse.
A sole divorce or dissolution application may be more appropriate where there is a risk of domestic abuse. Urgent protective remedies may also be available, including a non-molestation order or occupation order.
Our family law solicitors can advise on ending the relationship while taking appropriate measures to protect you and any children.
What If My Spouse or Civil Partner Refuses to Cooperate?
A spouse or civil partner cannot usually prevent a divorce or dissolution merely by refusing to agree that the relationship should end.
However, a refusal to acknowledge the proceedings may delay the application. Depending on the circumstances, it may be possible to use:
- Personal service;
- Evidence showing that the respondent received the application;
- An application for deemed service;
- Alternative methods of service; or
- An application to dispense with service.
The correct procedure will depend on the available evidence and whether the respondent’s location is known.
What If I Do Not Know Where My Spouse or Civil Partner Lives?
You are expected to take reasonable steps to locate the other party. This may include contacting relatives, checking previous addresses, making appropriate enquiries or instructing a professional tracing agent.
Where reasonable attempts have been unsuccessful, the court may permit alternative service or, in exceptional circumstances, dispense with service altogether.
Our solicitors can advise on the necessary evidence and prepare the relevant court application.
Alternatives to Divorce or Dissolution
Divorce or dissolution may not be the only available option.
Judicial or legal separation
A legal separation (also known as Judicial Separation) allows the parties to remain legally married or in a civil partnership while obtaining formal recognition of their separation.
It may be appropriate where:
- The parties have been married or in a civil partnership for less than one year;
- A party has religious or personal objections to divorce;
- The parties do not yet wish to end the legal relationship; or
- There are other legal or financial reasons for remaining married or civil partners.
Annulment of marriage or civil partnership
An annulment declares that a marriage or civil partnership was either legally invalid from the outset or is voidable because a specified legal ground exists.
Unlike divorce, an application to annul a marriage may be made during the first year of the marriage, although strict legal requirements apply.
Legal advice should be obtained before deciding whether divorce, dissolution, separation or annulment is the most appropriate remedy.
Ending an Overseas Marriage in England and Wales
It may be possible to obtain a divorce in England and Wales even where the marriage took place abroad, provided that:
- The marriage is legally recognised;
- The courts of England and Wales have jurisdiction; and
- The required documentation can be provided.
International divorce cases can involve complicated questions concerning domicile, habitual residence, overseas assets, competing proceedings and recognition of foreign orders.
Where an overseas divorce has already taken place, it may also be necessary to determine whether that divorce is legally recognised in England and Wales. Recognition is governed by statutory rules, including provisions of the Family Law Act 1986.
Specialist advice should be obtained where the parties or their assets have connections with more than one country.
Why Choose Premium Solicitors?
Premium Solicitors is a firm of SRA-regulated solicitors providing specialist advice and representation in divorce and family law matters.
By instructing our divorce and family law solicitors, you can benefit from:
- Advice tailored to your personal and financial circumstances;
- Assistance with sole and joint divorce applications;
- Representation in civil partnership dissolution proceedings;
- Advice on financial settlements and clean-break orders;
- Assistance with property, pensions and maintenance;
- Advice concerning arrangements for children;
- Support in domestic abuse cases;
- Assistance with missing or uncooperative respondents;
- Advice on international and overseas marriages;
- Clear information about legal costs; and
- Fixed-fee services where available.
We act for clients throughout England and Wales. Appointments can be conducted at our offices or remotely by telephone or video conference.
FAQs - Ending Marriage or Civil Partnership
The following are various Frequently Asked Questions about ending marriage or civil partnership in England & Wales:
What is the legal process for ending a marriage in England and Wales?
A marriage is legally ended by applying for a divorce. The process normally involves submitting a sole or joint application, obtaining a conditional order and then applying for a final order.
How do I legally end a civil partnership?
You must apply to the court for a dissolution order. The process is broadly the same as the divorce procedure and can be started by one civil partner or both partners jointly.
Do I need to prove adultery or unreasonable behaviour?
No. Divorce and civil partnership dissolution in England and Wales operate under a no-fault system. You only need to provide the required statement that the marriage or civil partnership has broken down irretrievably.
Can my spouse refuse to give me a divorce?
Your spouse cannot normally prevent the divorce simply because they do not agree with it. They may dispute the proceedings only on limited legal or procedural grounds.
Can we make a joint divorce application?
Yes. A joint application may be made where both parties agree to the divorce and are prepared to cooperate throughout the process. A joint application may not be suitable where there is domestic abuse or a serious imbalance of power.
Can I apply for a divorce without my spouse’s address?
You must normally provide an address at which the application can be served. Where the address is unknown, reasonable enquiries should be made. The court may subsequently permit alternative service or dispense with service in an appropriate case.
How soon after getting married can I apply for divorce?
You must normally have been married for at least one year before applying for a divorce. The same minimum period applies before applying to dissolve a civil partnership.
How long does a no-fault divorce take?
A straightforward divorce normally takes at least seven months. This includes the minimum 20-week waiting period before the conditional order and the additional period of six weeks and one day before the final order.
Does the final order end all financial claims?
Not necessarily. The final order ends the marriage or civil partnership, but it does not automatically dismiss financial claims. A separate financial consent order or financial remedy order is generally required.
Do we need a consent order if we have agreed the finances?
A consent order is normally advisable because it makes the agreement legally binding and enforceable. It may also dismiss future claims where a clean break is appropriate.
Should I apply for the final order before resolving finances?
You should obtain legal advice before applying for the final order where financial matters remain unresolved. A final order can affect certain pension, inheritance, property and other legal rights.
Does a divorce decide where the children will live?
No. Child arrangements are separate from divorce proceedings. Parents may agree arrangements privately or apply to the Family Court where an agreement cannot be reached.
Can I divorce in England if I married abroad?
Potentially, yes. The marriage must be legally recognised and the courts of England and Wales must have jurisdiction. International cases should be assessed carefully before proceedings are started.
Can I get divorced if my spouse lives outside the UK?
Potentially, yes. The court must have jurisdiction, and the application will need to be served abroad in accordance with the applicable procedural rules.
Can Premium Solicitors manage the entire divorce or dissolution process?
Yes. Our divorce and family law solicitors can advise on eligibility, prepare and submit the application, deal with service, obtain the conditional and final orders and advise on related financial and children matters.
Legal Disclaimer
This page provides general information about ending a marriage or civil partnership in England and Wales. It does not constitute legal advice and should not be relied upon as a substitute for advice based on your individual circumstances.
