Check You Can Get A Divorce - GOV.UK

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Contents

1. Check you can get a divorce
2. Before you apply
3. How to apply
4. What happens after you apply
5. Apply for a conditional order or decree nisi
6. Finalise your divorce
7. If your husband or wife lacks mental capacity

Check you can get a divorce

You can get divorced in England or Wales if all of the following are true:

• you’ve been married for over a year
• your relationship has permanently broken down
• your marriage is legally recognised in the UK (including same-sex marriage)

This guide is also available in Welsh (Cymraeg).

If you are ending a civil relationship, read the guide for ending a civil partnership.

If you do not want a divorce, you can get a legal separation so you can live apart without ending the marriage. You might also be able to annul the marriage. You can apply for separation or annulment during your first year of marriage.

There is a different process if you want to get a divorce in Scotland or get a divorce in Northern Ireland.

Next:Before you apply View a printable version of the whole guide

This page is Part of Get a divorce: step by step

1. Step 1: Get support and advice

   You can get support or counselling to help you through the divorce process.

   1. Get support and advice from Relate
   2. Find a counsellor on Counselling Directory

2. Step 2: Check if you can get divorced

   1. You are currently viewing: Check if you can get a divorce
   2. Get legal advice if you want help with the divorce process

3. Step 3: Make arrangements for children, money and property

   1. Make arrangements for your children
   2. Divide your money and property
   3. Check if your divorce will affect whether you can live in your current home

4. Step 4: Apply for a divorce

   1. Apply for a divorce online or by post £612
   2. Get help with court fees
   3. Get legal advice
   4. Get help if your husband or wife cannot make decisions for themselves

5. Step 5: Apply for a ‘conditional order’ or ‘decree nisi’

   1. Apply for a ‘conditional order’ or 'decree nisi'

6. Step 6: Finalise your divorce

   1. Apply for a ‘final order’ or 'decree absolute'

7. Step 7: Report that your circumstances have changed

   You also have to tell other government organisations that you're getting divorced if:

   • you get benefits
   • your visa is based on your marriage

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