No-Fault Divorce
Ending a marriage is rarely easy, but the legal side of it has become a good deal simpler in recent years. Since 2022, couples in England and Wales no longer have to point the finger or prove who was at fault in order to divorce. Having the right legal team or mediator alongside you still helps, especially when it comes to sorting out finances and arrangements for children.
This guide walks through the no-fault divorce process from start to finish, so you know what to expect at each stage.
What is no-fault divorce?
No-fault divorce was introduced by the Divorce, Dissolution and Separation Act 2020, which came into force on 6 April 2022. It was the biggest change to divorce law in England and Wales in fifty years.
Before this, one spouse had to blame the other, citing reasons such as adultery or unreasonable behaviour, or else live apart for at least two years. The no fault divorce UK system removed all of that. Now you simply confirm that the marriage has broken down irretrievably, and you do not have to give any reasons or supporting evidence.
There are a few other helpful changes too:
- Couples can apply together with a joint application, or one person can apply on their own.
- Your husband or wife can no longer contest the divorce simply because they disagree with it.
- Some of the old legal language has been updated.
New names for the old stages
If you have read about divorce before, you may recognise the old terms. These changed under the new law:
- The “petitioner” is now the “applicant”.
- The “decree nisi” is now the “conditional order”.
- The “decree absolute” is now the “final order”.
Before you start: are you eligible?
You can apply for a divorce in England and Wales if:
- You have been married for at least one year.
- Your marriage is legally recognised in the UK.
- You or your spouse has a permanent home or close connection here.
If your marriage has an international element, working out where your divorce should take place can be less straightforward. Our guide on divorce jurisdiction after Brexit explains how that is decided.
The no-fault divorce process step by step
Most people now handle this online, and the no fault divorce process follows the same clear path:
- Apply. Complete the application through the GOV.UK online divorce service, on your own or jointly. You will need your marriage certificate and some basic details. There is a court fee to pay, currently £612, though you may get help with this if you are on a low income or receive certain benefits.
- The application is issued and served. The court issues your application. In a sole application, a copy is sent to your spouse, who is asked to acknowledge that they have received it.
- The 20-week reflection period. A waiting period of at least 20 weeks then runs from the date the application was issued. This gives both people time to reflect and to begin sorting out practical matters.
- Apply for the conditional order. After the 20 weeks, you confirm that you still wish to proceed, and the court grants the conditional order once it is satisfied you are entitled to divorce.
- Wait at least six weeks. A further period of six weeks and one day must pass after the conditional order is made.
- Apply for the final order. This is the last step. Once the final order is granted, your marriage is legally ended.
How long does a no-fault divorce take?
Because of the built-in waiting periods, a divorce cannot be rushed. The minimum time from start to finish is around 26 weeks, or roughly six months. In practice, many take a little longer, often six to eight months, especially where there are finances to settle along the way.
Knowing how to get a no fault divorce is one thing, but the timeline is fixed by law, so it helps to plan around it rather than expecting a quick result.
Do not forget about finances
This is the part people most often overlook. A divorce ends your marriage, but on its own it does not divide your money, property or pensions, and it does not prevent future financial claims between you.
To make a financial agreement legally binding, you usually need a separate financial order, often called a consent order where you both agree. It is generally wise to settle finances before applying for the final order. Getting this part right fairly is one area where good advice really pays off.
Sorting things out without going to court
A no-fault divorce takes much of the old conflict out of the legal process itself, and many couples want to keep things that calm when it comes to the practical arrangements too. This is where the wider shift towards mediation-based solutions, rather than drawn-out litigation, has made a real difference.
Family mediation lets both people work through issues such as finances and child arrangements with a neutral, trained mediator. It is often quicker, calmer and less expensive than going to court. If you are looking into family mediation in London, the team at London Mediation Service can explain how it works and whether it suits your situation.
For official guidance on applying, including the current fee and help with fees, you can visit GOV.UK. This article gives general information about the law in England and Wales and is not a substitute for tailored legal advice.
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