The Divorce, Dissolution and Separation Act 2020 ('DDSA 2020') has made significant changes to the current process for divorce and dissolution.
Under the DDSA 2020 there is still only one ground which you can rely on to get a divorce - that the marriage has irretrievably broken down. However, the requirement to prove this ground using one of five facts has been removed.
Under the old system the applicant had to satisfy one of the five facts which included adultery , unreasonable behaviour, two years’ separation, desertion or five years’ separation. However the DDSA 2020 has replaced relying on one of five facts with a requirement to provide a ‘statement of irretrievable breakdown’, which the court must use as conclusive evidence that the marriage has irretrievably broken down and no evidence will be required for this beyond a statement.
The new law has narrowed the grounds that a respondent can defend the application. Previously a person could defend the marriage where they disagreed with a fact being relied upon. However, a divorce can only be disputed on limited grounds including jurisdiction, validity, subsistence of the marriage, fraud or procedural non-compliance. The respondent to an application is not able to dispute whether the marriage has broken down.
The DDSA has provided the ability for couples to make their application for a divorce either jointly or as a sole applicant. Where the application is made jointly both parties will be the applicant and are referred to as Applicant 1 and Applicant 2.
The DDSA has provided of a minimum period of 20 weeks in divorce proceedings between the start of proceedings (when the court issues the application) and when the applicant(s) may apply for a Conditional Order; a document that confirms there has been an irretrievable breakdown of the marriage.
| Previous term | Updated term |
| Petition/Petitioner | Application/Applicant |
| Decree Nisi | Conditional Order |
| Decree Absolute | Final Order |
To begin divorce proceedings you must have been married for one year prior to the application being filed. If you have not been married for one year, judicial separation may be more appropriate – see our page on Alternatives to ending a marriage or civil partnership.
There is only one ground which you can rely on to get a divorce – that the marriage has irretrievably broken down. To show this ground the sole applicant, or joint applicants 1 & 2, must make a statement by ticking the box in Section 6 of the D8 form.
To apply for a divorce, you need to complete the divorce application D8 form, this can either be through the digital service or on paper. The cost of the application is £593. If you are on a low income, you may be eligible for a fee exemption and can complete the EX160 form when making the application. You may also be able to apply for legal aid if there has been domestic abuse in your relationship – please see our information page on Legal aid for family matters.
All paper application forms must now be submitted to the following address:
HMCTS Divorce and Dissolution Service, PO Box 13226, Harlow, CM20 9UG
You will need to file a copy of your marriage certificate along with the application form.
Once you have completed the form, you will need to make at least three copies, and retain one for your records. You should send the following to court:
The court will send the application to the respondent, unless you request to serve the application. The court will either serve the respondent either by post or email address and the respondent will complete an acknowledgement of service .
The process for making a joint application for a divorce is exactly the same as a sole application with the following differences:
A Conditional Order is a document that says the court does not see any reason why you cannot end the divorce and confirms the marriage has irretrievably broken down. You can apply for a Conditional Order using the D84 form.
You will need to wait 20 weeks and 1 day before you can make your application for a Conditional Order to confirm that you wish to continue with your divorce.
A Final Order is the legal document that ends your marriage.
Once you have received your Conditional Order you have to wait 6 weeks and one day before you can apply for a Final Order. You will not be legally divorced until you have received a Final Order.
To apply for your Final Order, you need to complete the D36 form which costs £45/£155. If you are on a low income, you may be eligible for a fee exemption and can complete the EX160 form when making the application.
Once the Final Order has been issued, you are legally divorced.
This information is correct at the time of writing, 12th August 2024 . The law in this area is subject to change.
Coram Children’s Legal Centre cannot be held responsible if changes to the law outdate this publication. Individuals may print or photocopy information in CCLC publications for their personal use.
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