No Fault Divorce in England and Wales Explained: Everything You Need to Know

If you have heard the term "no fault divorce" and are not quite sure what it means for you, you are not alone. The law in England and Wales changed significantly in April 2022, removing the need to blame your spouse for the breakdown of your marriage. This guide explains exactly what changed, how the new process works, and what you can expect from start to finish.

What Is No Fault Divorce and Why Did the Law Change?

Before April 2022, divorcing couples in England and Wales had to prove that their marriage had broken down irretrievably, and to do that they had to rely on one of five specific facts. Those facts were adultery, unreasonable behaviour, desertion, two years' separation with consent, or five years' separation without consent.

In practice, this meant that unless you had been separated for at least two years, most couples had to assign blame, usually citing unreasonable behaviour or adultery. Legal professionals and family charities had argued for decades that this system forced couples into conflict at exactly the wrong moment, often making negotiations over finances and children much harder than they needed to be.

The Divorce, Dissolution and Separation Act 2020 reformed the system. From 6 April 2022, couples in England and Wales no longer need to prove any fact or assign blame. Instead, one or both spouses simply make a statement that the marriage has broken down irretrievably. The court accepts that statement without question.

This is what is meant by "no fault divorce." It does not mean that behaviour during the marriage is irrelevant to every part of divorce proceedings. For example, conduct can still occasionally be considered in financial remedy cases, though this is rare. However, blame is no longer a required part of ending the marriage itself.

The change was broadly welcomed by family lawyers, the judiciary, and organisations supporting separating families. The aim was to reduce unnecessary conflict and to allow couples to focus their energy on practical matters such as finances and arrangements for children.

How Does No Fault Divorce Actually Work? The Step-by-Step Process

The mechanics of no fault divorce in England and Wales follow a straightforward sequence. Here is how the process works from beginning to end.

1. Apply to the court. You submit a divorce application, either as a sole applicant or jointly with your spouse. The application is made online through the HMCTS portal, or by paper form if you are unable to use the online service. The court fee is currently £593.
2. The application is served. If you apply alone, the court will send a copy of the application to your spouse (this is called "service"). Your spouse then has 14 days to acknowledge receipt. If you apply jointly, this step is not required because both of you have already signed the application.
3. 20-week waiting period begins. Once the application is issued by the court, a mandatory 20-week period starts. This period is built into the law deliberately, to give couples time to reflect and to sort out practical arrangements.
4. Apply for the conditional order. After the 20 weeks have passed, you (or both of you) apply for a conditional order. This used to be called the "decree nisi." The court checks that the legal requirements are met and grants the conditional order.
5. Six-week wait before the final order. You must wait at least six weeks after the conditional order before applying for the final order (previously called the "decree absolute"). The final order legally ends the marriage.

In total, the minimum time from issuing the application to receiving the final order is approximately 26 weeks, or around six months. In practice it often takes longer, particularly if there are financial arrangements to be agreed first. Many solicitors recommend waiting to apply for the final order until a financial consent order has been approved by the court.

For a deeper look at how divorce works in England and Wales, see our complete guide to divorce in England and Wales.

Sole Application vs Joint Application: Which Should You Choose?

One of the most useful features of the new law is that couples can apply together. Under the old system, only one spouse could be the petitioner. The new law introduced the option of a joint application, where both spouses apply together as joint applicants.

Here is a comparison of the two routes:

A joint application can signal a collaborative tone from the outset, which can be helpful when you still have finances or child arrangements to negotiate. However, if your spouse is unwilling to engage, or if there is a history of controlling behaviour, a sole application is perfectly appropriate and just as valid legally.

It is worth knowing that even in a sole application, the other spouse cannot contest the divorce on the grounds that they do not want it to happen. The only limited grounds for contesting are procedural, such as arguing the court does not have jurisdiction, or that the marriage was never legally valid in the first place.

Does No Fault Divorce Affect Financial Settlements or Children?

This is one of the most common questions people have, and it is an important one. The short answer is that no fault divorce changes how the marriage ends legally, but it does not automatically resolve what happens to your money, property, or children.

Finances: Divorce and financial settlement are two separate legal processes. Getting a final order ends your marriage, but it does not divide your assets. You need a separate financial consent order, approved by the court, to make any financial agreement legally binding. Until you have a financial order in place, your ex-spouse could still make financial claims against you, even years after the divorce is finalised.

Use our free divorce financial calculator to get a clearer picture of how assets might be divided in your situation.

Children: The court does not automatically make decisions about children as part of divorce proceedings. Most parents are encouraged to agree arrangements between themselves, possibly with the help of mediation. If agreement is not possible, either parent can apply to the court for a child arrangements order. You can read more about this in our guide to child arrangements orders in England and Wales.

What about conduct? Under the old system, citing unreasonable behaviour could sometimes feel like it would help in financial proceedings. In reality, conduct has always been a very limited factor in financial cases and that has not changed. Courts focus primarily on needs, contributions, and the welfare of any children, rather than who behaved badly during the marriage.

The key message is this: no fault divorce simplifies ending the legal marriage, but you still need to address finances and children separately. Do not assume that getting a final order means everything is resolved.

How Much Does No Fault Divorce Cost in England and Wales?

The court fee for a divorce application in England and Wales is currently £593. This covers the legal process of ending the marriage itself. It does not cover the cost of reaching a financial settlement or any legal advice you choose to take.

If you are on a low income, you may be able to apply for a fee remission (previously called Help with Fees), which can reduce or waive the court fee entirely. You can check eligibility on the government website.

Beyond the court fee, the main variable cost is whether you use a solicitor. Solicitors in England and Wales typically charge between £150 and £400 per hour, and a straightforward divorce can still cost several thousand pounds in legal fees if both sides are using solicitors throughout. Contested financial proceedings can run to tens of thousands of pounds.

However, many people successfully manage their own divorce without a solicitor, particularly now that the no fault process is simpler and largely paperwork-based. If you are on reasonable terms with your spouse and have a straightforward situation, this is a realistic option.

Clarity Guide provides a plain-English divorce guide to help you understand and manage the process yourself, starting from £37. That compares very favourably with even a single hour of solicitor time. You can also read our detailed breakdown of how much divorce costs in the UK for a fuller picture.

If you are considering handling the process yourself, our guide on how to divorce without a solicitor in England and Wales walks you through each step in plain English.

What Are the Eligibility Requirements for Divorce in England and Wales?

Not everyone can apply for divorce immediately. There are a few legal requirements you need to meet before you can start the process.

• You must have been married for at least one year. You cannot apply for divorce within the first year of marriage, regardless of what has happened. If your marriage is less than a year old, you may be able to apply for a judicial separation instead, but you will need to wait before divorcing.
• The court must have jurisdiction. Usually this means that at least one of you is habitually resident in England and Wales, or that you are both domiciled here. If there are international elements to your marriage, it is worth taking legal advice on jurisdiction.
• Your marriage must be legally recognised. The marriage must have been valid under the law of the country where it took place, and recognised under English law.
• The marriage must have broken down irretrievably. Under the new law, you simply state this to be the case. The court does not ask you to prove it or provide evidence.

Civil partners can also use the same process to dissolve their civil partnership. The procedure is identical, with the same timelines and court fees applying.

It is also worth noting that the law described here applies to England and Wales only. Scotland has its own separate legal system and different divorce rules, including different grounds and timelines. If you are based in Scotland, our complete guide to divorce in Scotland covers the Scottish system in full.

Common Misconceptions About No Fault Divorce

Since the law changed, a number of myths have circulated about what no fault divorce does and does not mean. Here are some of the most common misunderstandings, set straight.

Misconception 1: "No fault divorce makes it too easy to end a marriage."
The 20-week reflection period is specifically designed to prevent impulsive applications. The law change does not make divorce easier in an emotional sense. It simply removes the requirement to attribute blame, which many couples and professionals felt was causing unnecessary harm.

Misconception 2: "My spouse can stop the divorce if they disagree."
Under the new law, a spouse cannot contest a divorce simply because they do not want it to happen. This was already rarely successful under the old law, but now it is not a route available to them at all. The only limited procedural grounds remain.

Misconception 3: "If I apply on a no fault basis, I will get less money in the financial settlement."
How you end the marriage legally has no bearing on financial proceedings. Courts divide assets based on established principles around needs, resources, contributions, and the welfare of children, not on who filed the divorce or what grounds were used.

Misconception 4: "No fault means the court will not consider my spouse's behaviour at all."
In very rare cases, conduct can be considered in financial remedy proceedings, though courts set a high bar for this. The conduct must be serious and inequitable to ignore. Everyday relationship breakdown, however painful, does not typically meet this threshold.

Misconception 5: "A solicitor must handle the divorce application for me."
You are not legally required to use a solicitor to apply for divorce. Many people manage the process themselves, especially with the support of a clear, plain-English guide. Where solicitors genuinely add value is in negotiating complex financial settlements or where there is a significant power imbalance between spouses.