Do You Have to Go to Court to Get Divorced?
The idea of standing up in a courtroom worries many people considering divorce. In reality, most divorces in England & Wales are completed without anyone attending a court hearing. It helps to separate the divorce process itself from any disagreements that may need resolving in relation to the finances or children.
The divorce process is mainly administrative
Since the introduction of no-fault divorce, the process of ending the marriage is largely a paperwork exercise handled online or in writing. Where the divorce is straightforward and not contested, there is generally no need to attend court in person to bring the marriage to an end.
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When might court become involved?
Court hearings tend to arise not from the divorce itself but from related matters that cannot be agreed, such as:
- Financial arrangements — dividing property, savings, pensions and other assets.
- Arrangements for children — where children will live and how they spend time with each parent.
Even then, court proceedings are usually a last resort. Couples are generally encouraged to resolve these matters through discussion, mediation or negotiation first, and most do.
Alternatives to court
Options that keep matters out of the courtroom include:
- Mediation, where an independent mediator helps you reach agreement;
- Solicitor-led negotiation.
Where the parties are able to reach a financial agreement, they can obtain a legally binding order without the need for Court proceedings.
Every situation is different however, and inevitably there are cases where court proceedings will be the appropriate forum to resolve the issues.
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This article provides general information about the law in England & Wales and is not legal advice. Every situation is different, and how the law applies depends on your individual circumstances. For advice tailored to you, please speak to a solicitor.
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This article was drafted with the assistance of AI and subsequently reviewed and fact-checked by Jennifer Miles, Director & Family Solicitor at Aletta Shaw Solicitors (SRA No. 583090), on 4 August 2026.