How Does No-Fault Divorce Work in England and Wales?

Last reviewed: 8th June 2026.

Key Points

● Since 6th April 2022, the Divorce, Dissolution and Separation Act 2020 has removed the requirement to prove fault when applying for divorce or dissolution of a civil partnership in England and Wales; the sole ground remains the irretrievable breakdown of the marriage.

● Applicants must wait 20 weeks from the date the court issues the application before they can apply for a conditional order, and then a further six weeks and one day before applying for the final order that formally ends the marriage.

● For the first time, both spouses can make a joint application for divorce; a sole applicant can also apply, and the other party cannot contest the divorce on the basis that they disagree with it.

● Financial claims arising from divorce are governed by the Matrimonial Causes Act 1973 and remain entirely separate from the divorce itself; the Supreme Court's decision in Standish v Standish [2025] UKSC 26 has recently clarified how courts distinguish matrimonial from non-matrimonial property.

● Anyone contemplating divorce should take specialist legal advice at the outset, particularly on financial remedies and arrangements for children, as the divorce order alone does not resolve these matters.

The Divorce, Dissolution and Separation Act 2020 came into force on 6th April 2022. It ended nearly fifty years of fault-based divorce law in England and Wales. Before that date, unless a couple had already lived apart for at least two years, one spouse was required to allege adultery, unreasonable behaviour, or desertion simply to obtain a divorce. That requirement, long criticised by family law practitioners and the Law Commission alike, no longer exists.

The change affects anyone who marries or has married in England and Wales, and the equivalent provisions apply to civil partnerships under amendments made to the Civil Partnership Act 2004. For couples already separated and wondering about their options, the current law is considerably more straightforward and less adversarial than the system that preceded it.

The fault-based regime forced separating couples to begin their legal proceedings with accusations. That approach increased conflict, complicated arrangements for children, and often had no bearing on how financial matters were resolved. The 2020 Act removed the conflict from the process's starting point.

The Current Divorce Process Step by Step

Under the current law, there remains only one ground for divorce: that the marriage has irretrievably broken down. The change is that no further facts need to be proven in support of that ground. A written statement from one or both applicants confirming the breakdown is conclusive; the court will not look behind it.

The process runs in this sequence:

The applicant or both applicants file the divorce application, either online through the MyHMCTS platform or by post using form D8. The court fee is currently £612.

Once the court issues the application, a 20-week reflection period begins. This period allows the parties time to reconsider and, more practically, to negotiate arrangements for children and reach a financial settlement.

After 20 weeks, either or both applicants may apply for a conditional order, which is the court's confirmation that the divorce can proceed. You will still be legally married at this stage.

At least 6 weeks and 1 day after the conditional order is granted, the applicant may apply for the final order. The final order is the document that formally dissolves the marriage.

The minimum duration from application to final order is therefore approximately six months. However, cases involving contested financial proceedings or child arrangements will typically take considerably longer.

Joint applications are now available where both parties agree to proceed together. Either party can apply as a sole applicant where the other is unwilling to engage jointly. If a sole applicant does not apply for the final order within a reasonable time, the other party can apply for it themselves, though only from three months after the conditional order stage.

One practical point deserves attention: a respondent served with a divorce application can acknowledge service and record disagreement with the divorce, but they cannot stop it from proceeding. The ability to contest a divorce is now limited to specific grounds, such as a lack of jurisdiction.

Consider a couple living in Solihull who separate after fifteen years of marriage. The first spouse files a sole application online in January. By June, having passed the 20-week mark, the spouse can apply for a conditional order. After a further six weeks, the final order brings the marriage to a legal end. The divorce process itself is straightforward. The real complexity lies in reaching agreement on the financial settlement and the arrangements for their children: two matters the divorce order does not determine.

If you are considering this process, our divorce solicitors in Solihull can advise on the full procedure and represent you at each stage.

Financial Remedies After Divorce

The divorce process and the financial settlement are legally separate. Obtaining a final order ends the marriage but does not resolve what happens to the matrimonial home, savings, pensions, investments, or other assets. Financial claims must be dealt with under the Matrimonial Causes Act 1973, and those claims do not automatically expire when the final order is made, though there are strong practical reasons to resolve them before the divorce is concluded.

Courts apply several principles when dividing assets in divorce: needs, compensation, and the sharing principle. The sharing principle, broadly stated, holds that matrimonial property should be shared equally between the parties. Non-matrimonial property (typically assets one party brought into the marriage or inherited during it) is treated differently.

The Supreme Court's decision in Standish v Standish [2025] UKSC 26, handed down on 2 July 2025, is the leading authority on how courts distinguish matrimonial from non-matrimonial property. The case concerned a husband who had transferred assets worth approximately £80 million to his wife before the divorce, as part of a tax-planning arrangement. The trial judge held that the transfer had converted those non-matrimonial assets into matrimonial property through a process lawyers call "matrimonialisation." The Supreme Court unanimously rejected that analysis. The transfer was made to save inheritance tax, for the benefit of the children, not as a decision to treat the assets as shared between the spouses. Assets transferred for tax purposes will not, without further evidence of genuine shared treatment over time, become matrimonial property subject to the sharing principle.

The practical effect of Standish for most divorcing couples is that the source of assets matters and the way those assets are treated during the marriage matters more than the legal title in which they are held. Where one spouse has significant pre-marital wealth or receives an inheritance, the other party's claim to share in that asset will depend on whether it was integrated into the marital estate over time.

Financial remedy proceedings can be resolved by consent, without a court hearing, by way of a consent order approved by the court. Where agreement cannot be reached, the court determines the outcome. Many couples use mediation or solicitor negotiation to reach a settlement without contested proceedings. For advice on reaching a financial settlement on divorce, our team can guide you through the family law options available in Solihull.

What About Children and Civil Partnerships?

Divorce proceedings do not determine arrangements for children. Where parents cannot agree, applications can be made under the Children Act 1989 for a child arrangements order, which sets out where children live and the time they spend with each parent. These proceedings are entirely separate from the divorce and can be pursued at any stage. Specialist advice on child law is essential where the parents disagree; our child law team in Solihull can advise on the options, including mediation.

The no-fault divorce provisions apply equally to the dissolution of a civil partnership. The same procedure, timelines, and financial remedy framework apply to couples dissolving a civil partnership under the amended Civil Partnership Act 2004. The one historical distinction, that adultery was not available as a fact in civil partnership proceedings, is no longer relevant because the 2020 Act abolished the need to prove any fact at all.

Frequently Asked Questions

Can my spouse stop me from getting a divorce?

No, your spouse cannot prevent a divorce under the current law. Since 6th April 2022, there is no mechanism for a respondent to contest a divorce simply because they disagree with the decision. The respondent may dispute jurisdiction in specific, limited circumstances, but disagreement with the divorce itself is not a ground for stopping it from proceeding.

How long does a no-fault divorce take?

A no-fault divorce takes approximately 6 months from the date the court issues the application. This accounts for the mandatory 20-week reflection period, plus at least 6 weeks and 1 day between the conditional order and the final order. Where financial proceedings or disputes about children are ongoing, the total time to resolve all matters is often twelve to eighteen months or more.

Do I need a solicitor to apply for a divorce?

You can apply for a divorce without a solicitor using the government's online service. Many couples with straightforward circumstances do so. Solicitor involvement is strongly recommended, however, if there are significant assets or pensions to divide, if there are arrangements for children to agree, or if the other party is uncooperative. Errors in financial settlements can have lasting consequences that are difficult to undo.

What is a consent order and why do I need one?

A consent order is a court-approved document that records the financial agreement between divorcing spouses and becomes legally binding. Without a consent order, financial claims between former spouses remain open indefinitely, meaning a claim could be made years after the marriage has ended. Obtaining a consent order at the time of the divorce is the only way to achieve a clean financial break.

Does the divorce process apply to civil partnerships too?

Yes, the no-fault dissolution process applies to civil partnerships under the same legislation that governs divorce. The procedure, timelines, and financial remedy framework are the same. Civil partners dissolving their relationship under the amended Civil Partnership Act 2004 follow the same process as married couples.

About the Author

Stephanie Howard (SRA number 432274) is a Director of Pearcelegal and Head of the firm's Family and Litigation department. Admitted as a solicitor in 2015, she advises on the full range of family law matters, including divorce, financial remedy proceedings, child arrangements, civil partnerships and cohabitation disputes, as well as general civil litigation and contentious probate. Stephanie joined Pearcelegal in 2014, was promoted to Associate in 2021, took over the Family and Litigation team in 2023 and was appointed a Director in April 2026. She is regulated by the Solicitors Regulation Authority (SRA ID 432274).