No Fault Divorce in the UK Explained: A Plain-English Guide for England and Wales

If you have heard the term no fault divorce and are not quite sure what it means or how it affects you, you are not alone. The rules around divorce in England and Wales changed significantly in April 2022, and many people going through a separation are still catching up with what those changes actually mean in practice. This guide explains the new law clearly, walks you through the process step by step, and helps you understand your options without the legal jargon.

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

Before April 2022, if you wanted to divorce in England and Wales, you had to prove that the marriage had broken down irretrievably by relying on one of five facts. Those facts included adultery, unreasonable behaviour, desertion, or living apart for a set number of years. In practice, most people who wanted to divorce relatively quickly ended up citing unreasonable behaviour, even when the separation was entirely mutual and amicable.

This system was widely criticised for forcing couples to apportion blame at the very moment they most needed to cooperate, particularly when children were involved. Family lawyers, charities, and campaigners argued for years that the requirement to blame a spouse was damaging, unnecessary, and out of step with how modern relationships actually work.

The Divorce, Dissolution and Separation Act 2020 introduced no fault divorce in England and Wales from 6 April 2022. Under the new system, neither spouse needs to blame the other. You simply make a statement that the marriage has broken down irretrievably. The court accepts that statement without question. There is no requirement to provide evidence of wrongdoing, and crucially, the other spouse cannot contest or block the divorce simply because they disagree with it.

The change was described by many family lawyers as the most significant reform to divorce law in fifty years. It removes a layer of conflict from what is already a difficult process, and it gives separating couples a much better foundation for negotiating the practical matters that follow, such as finances and arrangements for children.

It is worth noting that the no fault system applies in England and Wales only. Scotland has its own separate divorce law, which has always worked somewhat differently. If you are based in Scotland, you can find tailored information in our complete guide to divorce in Scotland.

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

The process under no fault divorce is more straightforward than the old system, though it still follows a defined sequence and has minimum waiting periods built in. Here is how it works from start to finish.

1. Apply for a divorce: You or your spouse (or both of you together as a joint application) submit an application to the court. This is done online through the government's MyHMCTS portal, or by post if you prefer. You state that the marriage has broken down irretrievably. You do not need to give reasons.
2. The application is served: If you are applying alone (a sole application), the court sends the application to your spouse, who must acknowledge receipt. With a joint application, both of you have already agreed to proceed, so this step is simpler.
3. The 20-week reflection period: After the application is issued, there is a mandatory wait of at least 20 weeks. This period is built into the law deliberately. It gives both parties time to reflect, take advice, and begin sorting out practical arrangements. You cannot rush this stage.
4. Apply for the conditional order: After the 20 weeks have passed, you apply for what used to be called the decree nisi. This is now called the conditional order. It is the court's formal confirmation that you are entitled to a divorce.
5. Wait a further six weeks: Once the conditional order is granted, you must wait at least six weeks and one day before the next step.
6. Apply for the final order: This was formerly called the decree absolute. The final order is the document that legally ends your marriage. Once it is granted, you are officially divorced.

In total, the process takes a minimum of around six months from start to finish. Most straightforward divorces take between six and twelve months when you factor in court processing times. If financial or children matters are unresolved, the overall process may take longer, but the divorce itself can still proceed on this timeline.

For a fuller breakdown of the entire process, see our complete guide to divorce in England and Wales.

Joint vs Sole Applications: Which One Is Right for You?

One of the genuinely new features introduced in 2022 is the option to apply for divorce jointly as a couple. Previously, one person had to be the petitioner and the other the respondent. The new system allows both spouses to be applicants together, which can make the process feel more balanced and cooperative.

A joint application works well when both spouses agree that the marriage is over, are on reasonably good terms, and want to navigate the process without unnecessary friction. Both of you complete the application together, and both must confirm you want to proceed at the conditional order stage. Neither of you is cast in the role of the person who initiated the divorce.

A sole application is appropriate when one spouse wants to proceed but the other is reluctant, uncontactable, or simply unwilling to participate jointly. In a sole application, you are the applicant and your spouse is the respondent. Your spouse is served with the application and must acknowledge it, but they cannot prevent the divorce from going ahead simply by refusing to engage. They can raise procedural objections in very limited circumstances, such as if they believe the court does not have jurisdiction, but they cannot contest the divorce on the grounds that they disagree with it.

This removal of the ability to contest a divorce is one of the most significant practical changes the new law brought in. Under the old rules, a respondent could defend a divorce petition, causing considerable delay and expense. That option is now gone for the vast majority of cases, which means one spouse can no longer trap the other in an unwanted marriage indefinitely.

If you are considering managing the process yourself, our guide on how to divorce without a solicitor in the UK explains what is involved and what to watch out for.

What No Fault Divorce Does Not Cover: Finances and Children

It is really important to understand that the no fault divorce process only deals with the legal ending of the marriage itself. It does not automatically resolve what happens to your money, property, pensions, or children. These are entirely separate matters, and they need to be dealt with alongside or after the divorce proceedings.

Financial matters include how assets such as the family home, savings, investments and pensions are divided between you. Reaching a financial agreement and having it recorded in a legally binding court order (called a consent order) is a separate process that runs in parallel with the divorce. Without a financial consent order, claims against each other can technically remain open even after you are divorced. This is a common mistake people make when divorcing without legal advice.

If you need help understanding your financial position, our free divorce financial calculator is a useful starting point.

Arrangements for children are also dealt with separately. The court expects separating parents to make their own arrangements for where the children will live and how often they will see each parent. If you cannot agree, you can apply to the family court for a child arrangements order, but this is a separate application entirely from the divorce itself.

If financial disclosure becomes part of your proceedings, for example if you need to complete Form E for a financial remedy application, it is worth reading our plain-English guide to Form E financial disclosure in divorce to understand what is involved.

The key message is this: getting divorced and sorting out your finances are two different things. Completing the divorce does not mean your financial affairs are settled. Make sure you address both.

How Much Does No Fault Divorce Cost?

Understanding the costs involved helps you plan and avoid surprises. There are two main categories of cost: court fees and any professional fees you choose to pay.

Court fees are set by the government and apply regardless of whether you use a solicitor. As of 2026, the court fee for a divorce application in England and Wales is £593. This is a fixed fee paid at the start of the process. If you are on a low income or certain benefits, you may be eligible for a fee remission (sometimes called Help with Fees), which can reduce or eliminate this cost. You can check eligibility on the government website before applying.

Solicitor fees vary widely depending on the complexity of your case and the firm you use. Typical hourly rates for a family solicitor in England and Wales range from around £150 to £400 or more per hour. For a straightforward uncontested divorce, total solicitor fees might range from a few hundred to several thousand pounds. If there are disputes over finances or children, costs can climb considerably higher.

Many people choose to manage the divorce application itself without a solicitor, particularly when the separation is amicable and the main task is simply completing the paperwork correctly. Resources like Clarity Guide, available from £37, are designed for exactly this purpose: giving you the knowledge and confidence to navigate the process yourself, while knowing when it is worth seeking professional input.

For a detailed breakdown of all the costs you might encounter, our guide on how much divorce costs in the UK covers everything in one place.

As a general principle, the more you and your spouse can agree between yourselves, the lower your overall costs will be. No fault divorce was specifically designed to reduce conflict, which in turn helps to reduce costs.

Common Misconceptions About No Fault Divorce

Since the law changed in 2022, a number of myths and misunderstandings have circulated. Here are some of the most common ones, set straight.

• Misconception: Either spouse can get divorced instantly. This is not true. The minimum timescale is around six months, and most divorces take longer. The 20-week reflection period and the six-week wait between the conditional and final orders are fixed by law.
• Misconception: No fault divorce makes it easier for one spouse to leave unexpectedly. The process still requires the other spouse to be notified and to acknowledge the application. The difference is that they cannot block it indefinitely, not that they are left out of the process entirely.
• Misconception: Behaviour during the marriage no longer matters at all. While blame is no longer required to obtain the divorce itself, conduct can still be relevant in financial proceedings in exceptional cases. This is rare, but it does happen.
• Misconception: You do not need to sort out finances if you divorce quickly. As explained above, the divorce and the financial settlement are separate processes. Completing the divorce without a financial order in place can leave you exposed to future claims.
• Misconception: No fault divorce is available everywhere in the UK. It applies in England and Wales only. Scotland operates under different legislation and has its own divorce system, which has long allowed divorce after one or two years of separation without requiring blame. Northern Ireland also has its own rules.
• Misconception: You need a solicitor to apply for no fault divorce. You do not. Many people successfully complete the process themselves using the government's online portal, supported by plain-English guides. That said, if your finances or family situation are complicated, professional advice is genuinely worthwhile.

A Note on Scotland: How Divorce Works Differently There

If you or your spouse are based in Scotland, it is important to know that the no fault divorce rules introduced in 2022 apply only in England and Wales. Scotland has its own distinct legal system and its own divorce law.

In Scotland, divorce is still based on the concept of irretrievable breakdown, but the ways of proving this are different from both the old English system and the new one. The most commonly used grounds in Scotland are one year of separation with the other spouse's consent, or two years of separation without consent. Adultery and unreasonable behaviour are also recognised grounds, but in practice the separation-based routes are most frequently used.

Scotland does not have the same no fault joint application system introduced in England and Wales in 2022, though its separation-based approach has always been considered relatively non-confrontational by comparison with the old English system.

For anyone based in Scotland, our complete guide to divorce in Scotland covers the process in full, and is written specifically for Scottish law rather than applying English rules that do not apply north of the border.

If you are unsure which legal system applies to you, the key question is generally where you are habitually resident. If you live in Scotland, Scottish law will almost certainly govern your divorce. If you live in England or Wales, the 2022 no fault rules apply to you.