What is an application of divorce in the UK?

What family law covers here

The process of filing for divorce in the United Kingdom underwent significant reform with the introduction of the Divorce, Dissolution and Separation Act 2020 (DDSA2020), which replaced the previous requirement to prove fault-based grounds with a no-fault system. Under this framework, either or both parties to a marriage may submit an application for a divorce order, accompanied by a statement declaring the marriage has irretrievably broken down. The court is legally required to treat this statement as conclusive evidence of the breakdown, removing the need for parties to allege specific conduct such as adultery or unreasonable behaviour. The Act also enables applications to proceed where both parties consent, with the court making a conditional order initially, which may later become final after a statutory minimum period. This shift aligns with the Matrimonial Causes Act 1973 (MCA1973), which remains relevant for ancillary matters such as financial provision following divorce.

Key legal requirements

• Either or both parties must submit a statement confirming the marriage has irretrievably broken down, as required by MCA1973 s.1(1) and DDSA2020 s.1.
• For sole applications, the applicant must confirm to the court they wish the application to continue before a conditional order is made, per MCA1973 s.1(5) and Family Procedure Rules.
• A conditional divorce order cannot be made final until at least six weeks have elapsed from the date of the conditional order, under MCA1973 s.1(5).
• Where both parties apply jointly, both must confirm their continued wish for the divorce to proceed before the conditional order stage, as outlined in DDSA2020 s.1.
• The court must accept the applicant’s statement as conclusive evidence of irretrievable breakdown, as per MCA1973 s.1(2) and DDSA2020 s.2.
• Applications for divorce cannot be made within the first year of marriage, as stipulated by DDSA2020 Schedule paragraph 3.

Why this matters

Failing to comply with the procedural requirements for filing a divorce petition can lead to delays, additional costs, or even dismissal of the application. For instance, if a sole applicant does not confirm their intention to proceed before the conditional order stage, the court may not proceed to make the divorce order, potentially leaving the marriage legally unresolved. Similarly, attempting to file for divorce within the first year of marriage will result in rejection, as the law explicitly bars such applications during this period. In cases where a conditional order is made but not finalised within the statutory minimum period, the process remains incomplete, affecting the parties’ legal status and rights, particularly in relation to remarriage or financial claims. While the statement of irretrievable breakdown is conclusive for the purpose of granting a divorce order, it does not determine financial settlements or child arrangements, which may still require separate court proceedings. Under UK law, these procedural safeguards exist to ensure fairness and clarity in the dissolution of marriages, reducing the potential for disputes over the validity of the divorce itself. Poorly prepared or incomplete divorce petitions may also trigger additional scrutiny from the court, increasing the burden on both parties and their legal representatives.

Next step with VetroCheck

Use the Divorce Petition agent if you want a structured review of the relevant documents and supporting record.

Related reading

• Central registry of divorce proceedings (UK)
• Child arrangement order (cao) maidenhead (UK)
• Child arrangement order form (UK)
• Divorce applications (UK)
• Consent Order Financial Check (UK)
• Non-Molestation Order Check (UK)
• Child Arrangements Check (UK)

Compliance note

This glossary content is provided for informational and educational purposes only. It does not constitute formal legal advice, does not create a solicitor-client relationship, and should be checked against current legislation, official guidance, and the facts of the specific case.

• Family_Divorce_Petition_Check Guide
• Sole application for divorce (UK)