No Fault Divorce UK Explained: Everything You Need to Know in Plain English

Divorce can feel overwhelming, especially when you are trying to understand a legal system that has recently changed. No fault divorce was introduced in England and Wales in April 2022, and it fundamentally changed the way couples can end their marriage. This guide explains exactly what no fault divorce means, how the process works step by step, and what it is likely to cost you.

What Is No Fault Divorce and Why Was the Law Changed?

Before April 2022, divorcing couples in England and Wales had to prove that their marriage had broken down by citing one of five facts: adultery, unreasonable behaviour, desertion, two years' separation with consent, or five years' separation without consent. In practice, the vast majority of divorces relied on unreasonable behaviour — which meant one spouse had to make allegations about the other, often making an already painful process far more hostile.

The Divorce, Dissolution and Separation Act 2020 changed all of that. Introduced in April 2022, it removed the need to apportion blame entirely. Now, either one spouse or both spouses together can apply for a divorce simply by stating that the marriage has broken down irretrievably. No evidence, no fault, no accusations required.

The reform was widely welcomed by family lawyers, mediators, and charities. Research consistently showed that the old blame-based system increased conflict between separating couples, made co-parenting harder, and caused unnecessary distress — particularly for children caught in the middle.

It is worth noting that Scotland has its own separate legal system and was not affected by this change. Scottish divorce law has always been slightly different, and if you are based in Scotland you should read our complete guide to divorce in Scotland for accurate information relevant to you.

For couples in England and Wales, no fault divorce is now the only route available. You cannot choose to rely on the old fault-based facts any more — the law has moved on, and in most people's experience, for the better.

Who Can Apply for a No Fault Divorce?

To apply for a no fault divorce in England and Wales, you must meet a small number of basic eligibility criteria.

• You must have been married for at least one year. You cannot apply for divorce in the first 12 months of marriage, though you can separate and begin making arrangements during that time.
• The marriage must be legally recognised in England and Wales. This includes marriages conducted abroad, provided they are valid under UK law.
• The court must have jurisdiction. At least one of you must be habitually resident in England or Wales, or domiciled here.

Same-sex couples who are married can also use the no fault divorce process. Civil partnerships are dissolved through a very similar process, though the application is called a dissolution rather than a divorce.

There is no requirement to prove the marriage is beyond repair or to provide any supporting evidence. You simply state that it has broken down irretrievably — and under the new law, the court must accept that statement. Crucially, the other spouse cannot contest a divorce on the basis that they disagree. The era of defended divorces is effectively over, which removes one of the most anxiety-inducing aspects of the old system.

One practical point worth knowing: if you apply as a sole applicant, your spouse will be notified and given the opportunity to respond — but they cannot block the divorce simply by refusing to engage. If they cannot be located, there are legal procedures to proceed in their absence.

Joint vs Sole Applications: Which Should You Choose?

One of the genuinely new features introduced in 2022 is the option to make a joint application for divorce. Previously, one person had to be the petitioner and the other the respondent. Now, you can apply together as co-applicants if you both agree the marriage is over.

Joint applications are ideal when:

• You and your spouse are on reasonably amicable terms
• You both want to move through the process as smoothly as possible
• You want to present a united front, particularly if children are involved
• Neither of you wants to feel like the person being "served" with divorce papers

Sole applications make more sense when:

• Your spouse will not engage with the process
• There is a significant power imbalance or history of controlling behaviour
• You need to begin proceedings without your spouse's cooperation
• You and your spouse have not yet discussed the divorce

There is no legal advantage to one route over the other in terms of outcome. The financial settlement, arrangements for children, and final order are all handled separately from the divorce application itself. The choice of joint or sole application is largely about what feels right for your circumstances.

If you are unsure which route suits you, our complete guide to divorce in England and Wales walks through both options in detail, including what to expect at each stage.

The No Fault Divorce Process: Step by Step

The no fault divorce process in England and Wales follows a set sequence. Here is what to expect from start to finish.

1. Submit your application. You apply online through the HMCTS divorce portal (or by paper if necessary). You will need your marriage certificate and the court fee, which is currently £593 as of 2026. If you are on a low income, you may be able to apply for a fee remission.
2. Serve the application. If you have applied as a sole applicant, the court will send the application to your spouse, who has 14 days to acknowledge receipt. In a joint application, there is no need to serve the other party.
3. 20-week reflection period. After the application is issued, there is a mandatory waiting period of 20 weeks before you can apply for a conditional order. This was introduced deliberately — it gives couples time to reflect, explore reconciliation if they wish, and sort out practical arrangements.
4. Apply for the conditional order. After 20 weeks, you apply for a conditional order (formerly called a decree nisi). This is the court's confirmation that you appear to be entitled to a divorce. There is no hearing for most straightforward cases.
5. Wait a further 6 weeks and 1 day. After the conditional order is granted, you must wait at least six weeks and one day before applying for the final order.
6. Apply for the final order. The final order (formerly the decree absolute) legally ends your marriage. You are now divorced.

From start to finish, the minimum timeframe is around 26 weeks — roughly six months — assuming everything proceeds smoothly. In reality, delays at the court or in sorting out financial matters often mean it takes longer. Many family lawyers recommend not applying for the final order until a financial consent order is in place, to protect both parties' financial interests.

What No Fault Divorce Does NOT Cover

It is a common misconception that getting a divorce automatically sorts out everything else — finances, property, pensions, and arrangements for children. It does not. The divorce itself only legally ends the marriage. Everything else is dealt with separately, and this is where things can become more complex.

Financial settlement

Dividing assets, debts, property, savings, and pensions requires either a negotiated agreement that is made legally binding through a consent order, or if you cannot agree, an application to the court for a financial remedy order. Without a legally binding financial order, either party can make a financial claim against the other — even years after the divorce is finalised.

If you want to understand how finances are typically divided, our guide on how finances are split in a divorce in England and Wales is a useful starting point. You might also find our free divorce financial calculator helpful for working out where you stand.

Children arrangements

Where children will live, how much time they spend with each parent, schooling, and other decisions are all separate from the divorce. Most couples reach their own agreement, sometimes with the help of a mediator. If agreement cannot be reached, an application to the family court for a child arrangements order may be necessary.

Pensions

Pensions are often the largest asset in a marriage after the family home, yet they are frequently overlooked. A pension sharing order or pension attachment order must be dealt with as part of the financial settlement — not automatically through the divorce itself.

Understanding the full picture before you start can save a great deal of stress and money further down the line.

How Much Does No Fault Divorce Cost?

The cost of divorce in England and Wales varies significantly depending on how much of the work you do yourself and whether you use a solicitor.

Court fees

The court application fee is £593 in 2026. This is a fixed fee set by the government and applies regardless of whether you apply jointly or as a sole applicant. If you are on a low income or receiving certain benefits, you may qualify for Help with Fees (formerly known as fee remission) — check the government website to see if you are eligible.

Solicitor fees

If you instruct a solicitor to handle your divorce, expect to pay anywhere from £150 to £400 or more per hour, depending on the firm and their location. A straightforward uncontested divorce might cost £1,000–£2,500 in solicitor fees on top of the court fee. A contested financial settlement can run to tens of thousands of pounds.

DIY divorce and guided options

Many couples in straightforward circumstances choose to manage their own divorce without a solicitor, particularly now that the no fault process has removed the need to make legal arguments. The HMCTS online portal is relatively accessible, though it can still be confusing if you have never done it before.

A middle-ground option is to use a plain-English guide that walks you through exactly what to do at each stage — without the hourly rate of a solicitor. Clarity Guide starts from £37 and covers the full divorce process in clear, step-by-step language. For a fuller breakdown of what you might expect to pay, see our guide on how much divorce costs in the UK.

Whatever route you choose, understanding the process before you begin will help you avoid costly mistakes and unnecessary delays.

Common Misconceptions About No Fault Divorce

Since the law changed in 2022, a number of myths have taken hold. Here are the most common ones — and the truth behind them.

Myth 1: No fault divorce makes it easier for one spouse to divorce the other against their will.

This concern is understandable, but the reality is that even under the old law, a spouse could not permanently prevent a divorce — they could only delay it. Under the new law, the 20-week reflection period still gives time to consider the decision carefully. What has changed is that one spouse can no longer weaponise the legal process to cause unnecessary distress.

Myth 2: If my spouse refuses to cooperate, I am stuck.

Not so. A sole applicant can proceed without their spouse's active participation. If your spouse does not respond to the application, the court can still grant the divorce.

Myth 3: No fault divorce means a 50/50 split of everything.

The divorce process and the financial settlement are entirely separate. How assets are divided depends on a range of factors including each person's needs, contributions, and future earning capacity — not on who applied for the divorce or whether it was no fault.

Myth 4: You do not need any legal advice at all.

For a simple divorce with no assets, this might be true. But most couples have finances, property, or children to consider — and getting professional guidance, even if only for the financial consent order, is usually wise. You do not necessarily need a solicitor for every step, but knowing what you are doing and why matters.

Myth 5: Scotland now has the same no fault divorce law.

Scotland was not covered by the Divorce, Dissolution and Separation Act 2020. Scottish law has different rules and timeframes. If you are in Scotland, please refer to our complete guide to divorce in Scotland for accurate information.