The complete guide to no fault divorce in England and Wales

If you are considering divorce, you may have heard the term "no fault divorce."

In April 2022, the law in England and Wales changed significantly, making the divorce process more straightforward and less confrontational.

The fault-based system (divorce before April 2022)

Before 6 April 2022, getting a divorce required you to prove that your marriage had "irretrievably broken down."

At that time, you couldn't simply state this, and instead you had to provide evidence of the irretrievable breakdown of your marriage by citing one of five specific facts:

• Adultery: Your spouse had committed adultery, and you found it intolerable to live with them.
• Unreasonable behaviour: Your spouse had behaved in such a way that you couldn't reasonably be expected to continue living with them.
• Desertion: Your spouse had deserted you for at least two years.
• Two years' separation with consent: You and your spouse had been separated for at least two years, and both agreed to the divorce.
• Five years' separation: You and your spouse had been separated for at least five years (consent was not a requirement).

The problem with the fault-based divorce system

This system created several significant problems:

• The blame game: Most people seeking a divorce either couldn’t wait two or five years, or preferred not to, so they chose to cite adultery or unreasonable behaviour instead. This meant pointing fingers and listing their spouse's faults in legal documents, which often escalated conflict during an already difficult time.
• Contested divorces: A spouse could defend a divorce petition, leading to lengthy and expensive court battles. It would provide an opportunity for a spouse to argue that they hadn't committed adultery or that their behaviour wasn't unreasonable, forcing couples to prove intimate and personal details of their marriage breakdown in court.
• Strategic use: In some instances, the fault-based system gave one spouse leverage over the other. For example, if one spouse didn't want the divorce they could make it very hostile and costly by deciding to contest it.
• Impact on children: The adversarial nature of the old divorce process often placed avoidable and unnecessary strain on co-parenting arrangements, as parents were legally required to make accusations against each other. This created tension and conflict in circumstances where it may not otherwise have occurred.
• Dishonesty: Many couples who had grown apart felt forced to exaggerate or fabricate claims of unreasonable behaviour to obtain a divorce quickly.

No fault divorce from April 2022

What changed?

The Divorce, Dissolution and Separation Act 2020 came into force on 6 April 2022, fundamentally changing how divorce works in England and Wales. The new system removes the need to blame anyone for the marriage breakdown.

Key features of no fault divorce

• Single ground for divorce: There is now only one ground for divorce – that the marriage has irretrievably broken down. You no longer need to provide any evidence or justification to prove the irretrievable breakdown; all that is required now is a statement confirming it.
• No more blame: You don't need to cite adultery, unreasonable behaviour, or any other fault. The reasons for your marriage breakdown remain private.
• Cannot be contested: Your spouse cannot defend against or contest the divorce. They can challenge the jurisdiction (for example, that the case should be heard in a different country) or the validity of the marriage itself (for example, if they claim you were never legally married), but they cannot prevent the divorce from proceeding merely because they disagree that the marriage has broken down.
• Joint applications: Couples can now apply for divorce together, presenting a united front rather than one person petitioning against the other.
• Minimum timeframe: There's a mandatory minimum 20-week period from the start of proceedings to when you can apply for a conditional order (explained in more detail below). This provides time for both of you to reflect and to arrange practical matters, such as finances and arrangements for any children.

The no fault divorce process

Step 1: Check eligibility

Before you can apply for divorce, you must meet the following criteria:

• You’ve been married for at least one year
• Your marriage is legally recognised in the UK
• Your marriage has permanently broken down
• Your relationship is based in England or Wales (at least one of you must be domiciled or have been resident here for at least 12 months).

Please note that you cannot divorce within the first year of marriage, even under the new system. Whilst this doesn’t prevent you and your spouse from separating, you are only able to commence the divorce proceedings once one year has elapsed from the date of your marriage.

Step 2: Decide how to apply

You have two options:

• Sole application: One person applies for the divorce alone. That person would be referred to as the "applicant", and the other spouse will be the "respondent."
• Joint application: Both of you apply together as joint applicants. This can be the preferred approach as it can feel more collaborative, but both of you must agree and work together on the divorce application throughout.

Step 3: Complete the application

You can apply online through the government's divorce service at gov.uk, which is the easiest and quickest method. Alternatively, you can apply by post using paper forms, or you can instruct a solicitor to assist you with this at an additional cost.

The application will ask for:

• Your marriage certificate (original or certified copy)
• Your full names and addresses
• Details about your marriage (date and place)
• A statement that the marriage has irretrievably broken down

Costs

The court fee to submit the divorce application is £612.

If you're on certain benefits or have a low income, you may be eligible for help with this fee through the “Help with Fees” scheme, and further details are available on the gov.uk website.

Step 4: Serve the application

Once you submit your application, the court will send the divorce papers to your spouse (in a sole application) or confirm receipt (in a joint application).

In a sole application, your spouse will have 14 days to acknowledge receipt of the divorce papers. They can indicate whether they agree with the application or if they wish to dispute the jurisdiction or validity of the marriage. Remember, they cannot prevent the divorce itself.

Step 5: The 20-week reflection period

After the application is issued, there's a mandatory 20-week reflection period before you can move to the next stage. This period is designed to give you time to:

• Reflect on the decision to divorce
• Reach an agreement on financial arrangements
• Make arrangements for any children
• Consider reconciliation, if appropriate

During this time, your divorce application won't progress, but you can work on the practical aspects of separating your lives.

Step 6: Apply for a conditional order

After the 20-week period of reflection ends, you can apply for a "conditional order" (previously called "decree nisi"). This is a document stating that the court doesn't see any reason you can't divorce.

At this stage, you simply need to confirm you want to continue with the divorce. In joint applications, both of you must confirm this. There is no requirement for either of you to attend a court hearing, unless there's a specific reason for one.

The court will check your application and, if everything is in order, will grant the conditional order. You will be notified of the date this happens.

Step 7: Wait six weeks (and one day)

Once you receive the conditional order, you must wait at least six weeks and one day before you can apply for the final order of divorce. This is another cooling-off period, but it is much shorter than the initial reflection period.

Step 8: Apply for the final order

After six weeks and one day have passed, you can apply for the "final order" (previously called "decree absolute"). This is the legal document that officially ends your marriage.

In a sole application, the applicant usually applies, but the respondent can apply if the applicant doesn't do so three months after the date that the applicant could have first applied for it.

Once the final order is granted, you're legally divorced and free to remarry if you wish.

How long does the divorce process take?

From start to finish, a no-fault divorce takes a minimum of about 6.5 months (26 weeks), though court backlogs in processing applications can make it take longer.

In addition, if you are also working through financial matters and/or arrangements for any children, this can often extend the overall timeline for concluding the divorce process.

Special circumstances

Domestic abuse

If you've experienced domestic abuse, the divorce process remains the same, but additional protections may be available. You may be exempt from mediation requirements if you need to go to court, and you can ask for your contact details to be kept confidential.

Specialist organisations like Rights of Women, Women's Aid and Respect can also offer guidance and support.

Missing spouse

If you can't locate your spouse to serve the divorce papers, you can apply to the court for "deemed service" or "dispensed service," which allows the divorce to proceed without your spouse's acknowledgement.

You will need to demonstrate that you've made reasonable efforts to find them, and should you find yourself in this position.

Disputes about jurisdiction

If you or your spouse live abroad, there might be questions about whether England and Wales is the correct jurisdiction for your divorce. This can be complex, and you should seek specialist legal advice if this applies to you.

Important considerations on divorce

Children

The divorce process itself doesn't determine the suitable arrangements for children. You and your spouse will need to agree separately on:

• Where the children will live
• How much time they will spend with each parent
• Child maintenance payments
• Other aspects of parenting, for example, schooling

Most parents reach these agreements between themselves, but if areas of disagreement arise, you may need some support in resolving this, for example, through mediation, engaging a solicitor, or, as a last resort, seeking a court order.

Finances and property

Getting divorced does not automatically sort out your finances. These are dealt with separately, and you should address these matters before applying for the final order. 

Failure to do so could have unforeseen and potentially adverse implications for you in the future. It is best to seek early legal advice to ensure you are aware of your options, the financial claims available, and to make sure matters are dealt with properly from the outset.

Until the financial matters are formally concluded, with the obtaining of a sealed consent order, financial claims can still be made against you by your ex-spouse, even after the divorce has been finalised and the final order of divorce pronounced.

Financial matters to resolve include:

• Division of property (including the family home)
• Savings and investments
• Business assets
• Pensions
• Spousal and child maintenance
• Debts.

It is important to know that there are many ways of resolving the division of assets following a separation.

Direct agreement between yourselves

If you and your spouse can agree on how to divide your finances, you can document this agreement and ask a solicitor to incorporate this into a legally binding consent order.

Legal advice

While the no-fault divorce process is designed to be straightforward, the division of assets is often far more complicated, and it's advisable to seek legal advice from a specialist family lawyer.

Mediation

If you and your spouse cannot agree on financial arrangements or issues related to your children, mediation can be a constructive alternative to going to court. With the support of a trained, independent mediator, you can communicate more effectively and work towards practical solutions that suit both of you.

Mediation is often faster, more cost-effective, and less stressful than court proceedings, helping you maintain control over the outcome rather than leaving decisions to a judge.

In most cases, you are required to attend a Mediation Information and Assessment Meeting (MIAM) before applying to the court for a financial or children order. However, there are certain exceptions - for example, where there are concerns about domestic abuse or urgent safeguarding issues.

One lawyer divorce

Couples sharing a lawyer is a modern, collaborative approach to divorce that allows couples to manage their separation or divorce more amicably by using one solicitor rather than instructing individual solicitors.

The one lawyer divorce model is designed to support couples through the process, helping you to save time, money, and conflict.

Collaborative law

Collaborative law offers an alternative to court proceedings, in which both spouses commit to resolving financial and practical matters through open discussion and mutual respect. Each spouse appoints their own collaboratively trained lawyer, and all four participants (the couple and their respective solicitors) meet together in a series of “four-way meetings” to work through the issues constructively.

Other professionals can also be brought into the process where helpful, for example, financial advisers, accountants, pension experts, or family consultants, to provide tailored advice and support.

The focus is on achieving an outcome that meets the needs of the whole family.  All parties sign a participation agreement, confirming that they will not take the matter to court while the collaborative process is ongoing. This creates a safe and transparent environment where everyone is encouraged to communicate honestly and work towards practical, fair solutions.

Successful agreements are then made legally binding through a consent order.

The introduction of no fault divorce has fundamentally improved the divorce process in England and Wales, making it simpler, less confrontational, and more dignified. By removing the need to blame your spouse, the new system allows couples to separate with less conflict, particularly when children are involved.

While the process itself is straightforward, divorce is rarely just about the legal paperwork.

Taking time during the reflection periods to address practical matters like finances and child arrangements, and seeking appropriate support when needed, can help ensure you emerge from the process ready to move forward with your life.

Remember, while the divorce itself might take a minimum of six and a half months, resolving all the associated matters can take longer. Being patient, organised, and realistic about timescales will help you navigate this challenging time as smoothly as possible.