No-Fault Divorce in England and Wales: A Practical Guide | LegalDocuments.co.uk

Overview

No-fault divorce is the current procedure for legally ending a marriage in England and Wales, introduced through the Divorce, Dissolution and Separation Act 2020. The reform stripped out the old requirement to rely on one of five "facts", things like adultery, desertion, or behaviour the other spouse found unreasonable, and replaced them with a simple statement that the marriage has irretrievably broken down.

That statement is now treated as conclusive. Neither spouse has to prove anything further, and the other party cannot contest the divorce itself except on narrow technical grounds such as jurisdiction or the validity of the marriage. A further change introduced at the same time was the option for couples to apply jointly, which suits people who have already agreed that the relationship is over and want to move through the process together.

The same framework applies to the dissolution of civil partnerships, with the terminology adjusted accordingly. It's worth understanding from the outset that the divorce itself is only one strand of the separation, financial matters and arrangements for any children are handled through separate, parallel processes.

Key steps

1. Starting the application. Either spouse can apply on their own (a sole application), or you can apply together as joint applicants. The application is submitted online through the HMCTS portal and asks for basic details about the marriage, along with the statement that it has broken down irretrievably. A court fee applies at this stage, check gov.uk for the current amount, as it changes periodically. Fee remission may be available for those on low incomes or certain benefits.
2. Serving and acknowledging the application. If one spouse has applied alone, the court sends the paperwork to the other spouse (the respondent), who is asked to confirm receipt by completing an acknowledgement of service within a short timeframe set by the court rules. This step exists to make sure both parties know proceedings are underway. In joint applications, both names appear on the application from the start, so this stage is handled differently.
3. The twenty-week reflection period. After the application is issued, a waiting period of twenty weeks must pass before the next step can be taken. This deliberate pause is built into the law to give couples time to reflect, attempt any final conversations, and, crucially, start working out practical issues like the division of property, pensions, and arrangements for any children. Many people use this window to instruct a mediator or negotiate a financial settlement.
4. Applying for the conditional order. Once the twenty weeks have elapsed, the applicant (or both applicants jointly) can apply for a conditional order. This is the court's formal acknowledgement that you are entitled to a divorce, but it does not yet end the marriage. It's at around this point that many couples ask the court to approve a financial consent order, if they've reached an agreement, so that the financial side is tied up alongside the divorce itself.
5. Applying for the final order. A further waiting period of at least six weeks and one day must pass after the conditional order before the final order can be applied for. The final order is what legally dissolves the marriage. Once it's granted, you are divorced. Some people choose to delay applying for the final order until financial matters are fully resolved, because divorce can affect certain rights, such as those tied to pensions or survivor benefits, and the timing can matter.

Common questions