Separation and divorce in the UK: the basics

Divorce law in the UK changed significantly in 2022, and much of what people half-remember about "grounds" and "proving adultery" no longer applies in England and Wales. It still does in Scotland and Northern Ireland. This page sets out the basics as of 18 October 2026, drawn from official sources. It is general information, not legal advice, and a conversation with a family solicitor or an advice service is worth having before you act.

Separating is not the same as divorcing

Separation means living apart and running separate lives; divorce is the legal process that ends the marriage. You can separate without starting a divorce. Some couples separate first to see how it feels, or because they aren't ready for the legal process, or because one of them opposes divorce.

Separation doesn't end the marriage, and it doesn't settle money for good. If you are thinking of moving out, take advice first about the home, your finances and any children, because early arrangements can set expectations that are hard to undo. GOV.UK has guidance on your rights to stay in the home during a separation, linked from its getting a divorce guide.

Scotland and Northern Ireland both have judicial separation, a court order under which spouses no longer have to live together but remain married, and so cannot remarry. In Scotland the spouses still owe each other financial support, and either can later apply for divorce.

England and Wales: no-fault divorce

Since 6 April 2022, under the Divorce, Dissolution and Separation Act 2020, nobody in England and Wales has to blame their spouse to get divorced. You state that the marriage has broken down; adultery and "unreasonable behaviour" no longer need to be set out. The main changes, as GOV.UK described them:

• No blame: allegations about a spouse's conduct were removed from the process.
• Joint applications: couples can apply together, as well as one person applying alone.
• Very limited contesting: a divorce can no longer be contested except on limited grounds, such as jurisdiction.
• A built-in pause: there is a minimum of 20 weeks between starting proceedings and applying for a conditional order, to give time to reflect.
• Online applications: a new online service for applying opened on 6 April 2022.

The steps, in order

To apply, GOV.UK says you must have been married for over a year, your relationship must have permanently broken down, and your marriage must be legally recognised in the UK.

If your spouse doesn't respond, GOV.UK says they can still respond after the deadline, and that the court will contact you and tell you what you can do.

Timing matters for money. GOV.UK says that if you want a legally binding arrangement for dividing money and property, you must apply to the court for it before you apply for the final order. Ask a solicitor before you take that last step, especially where pensions are involved.

Scotland

Scotland kept its own system. A divorce is granted if the marriage has broken down irretrievably, shown in one of four ways:

1. adultery
2. unreasonable behaviour
3. living apart for one year, with the other spouse's consent
4. living apart for two years

A simplified "do it yourself" procedure exists for the two separation routes, but only where there are no children of the marriage under 16, no financial claims, no other proceedings that could end the marriage, and neither spouse has a mental disorder.

On divorce, matrimonial property is divided under the Family Law (Scotland) Act 1985. The principles start from sharing its net value fairly, and also take account of contributions (including caring for the home and family), economic disadvantage, the cost of caring for children under 16, and hardship.

Northern Ireland

Northern Ireland still requires one of five facts to show the marriage has broken down irretrievably: adultery, unreasonable behaviour, two years' desertion, two years living apart with consent, or five years living apart. A divorce petition cannot be started within the first two years of the marriage. When deciding on money and property, the court's first consideration is the welfare of any child of the family under 18.

The summary we relied on was last updated in December 2020, so check with a Northern Ireland solicitor or advice service before relying on it.

Money, home and children

A divorce ends the marriage. It doesn't by itself decide who keeps the home, how savings and pensions are divided, or where children live. Those are separate questions, settled by agreement or, if necessary, by the court.

In England and Wales, GOV.UK sets out three routes for money and property:

1. Agree it yourselves. Then apply for a consent order, a court order that makes your agreement legally binding.
2. Get help agreeing. A mediator helps you both reach an agreement without taking sides. You must attend a mediation information and assessment meeting (MIAM) first, which GOV.UK says usually costs about £120, and further sessions cost more. An agreement reached in mediation is not legally binding until it is turned into a consent order. GOV.UK also has a tool to see if legal aid could cover mediation.
3. Ask the court to decide. You must attend a meeting about mediation before applying, except in certain cases, such as where there has been domestic abuse.

When a court decides, GOV.UK says the judge looks at arrangements for any children first, then at factors including how long the marriage lasted, each person's age, earning ability, property, money, living costs and standard of living, financial needs, caring roles and any disability or health condition.

Children's arrangements are best agreed between you, with the children's interests at the centre. GOV.UK's guide to making child arrangements explains the options, including mediation, if you can't agree.

Does an affair make a difference?

In England and Wales, the affair no longer needs to appear in the divorce at all, and GOV.UK says the reason for the divorce is not taken into account when a court decides how to divide money and property. In Scotland and Northern Ireland, an affair can still be the fact relied on to show breakdown. Whether it affects anything else depends on where you live and your circumstances, so get advice rather than assuming either way.

The emotional weight of an affair often makes agreement harder in practice, whatever the law says. Couples counselling is not only for couples who stay together: Relate says its couples counselling can help when you are separating, too.

Before you do anything

• Take advice from a family solicitor or an advice service before moving out, changing finances or telling your partner you want to divorce.
• Keep a record of your finances and important documents.
• Think about support for yourself and any children. Our guide to getting support covers counselling for one or both of you.
• If you are ending an affair as well as a marriage, how to end an affair with care covers that conversation.

If you are not yet sure whether ending the marriage is right, questions to ask yourself first and when an affair turns into real feelings may help you take stock. If things have become hostile and someone is threatening you, read scams and blackmail for what to do, and if you feel unsafe at home, contact the police.