How NO-FAULT divorce works | ENGLAND & WALES
The short answer: no-fault divorce means neither of you has to prove the other did anything wrong. You state that the marriage has broken down irretrievably, then the process moves through two court orders, the conditional order and the final order, with a legal minimum of just over six months from start to finish. Blame no longer affects the legal process, although it can still shape how the separation feels and how well you work together afterwards.
What no-fault divorce means in England and Wales
No-fault divorce came into force on 6 April 2022 under the Divorce, Dissolution and Separation Act 2020. Before then, unless you had already lived apart for years, one spouse usually had to allege adultery or unreasonable behaviour, which meant writing down the other person’s failings for a court to read.
Now the only ground is that the marriage has broken down irretrievably, and a statement saying so is enough. The court does not ask why. Very few divorces involve a hearing at all, and if you want to keep the wider separation out of court too, there are good alternatives.
A few basics apply:
- You must have been married for at least a year before you apply.
- You can apply alone (a sole application) or together (a joint application).
- The person who applies is the applicant and the other spouse is the respondent. The old term “petitioner” is no longer used.
- The same rules apply to ending a civil partnership, which is called dissolution.
How the no-fault divorce process works, step by step
Most people apply online through GOV.UK. The court fee is £628 as of July 2026, and a joint application pays one fee, not two. If you are on a low income or certain benefits, you may be able to get help with the cost through the Help with Fees scheme.
Step 1
Apply
A sole or joint application with a statement that the marriage has broken down. The court then issues it.
Step 2
Wait 20 weeks
The minimum period between the application being issued and applying for the next stage.
Step 3
Conditional order
The court confirms it sees no reason why you cannot divorce. You are still married at this point.
Step 4
Final order
Applied for at least six weeks and one day later. This is the order that legally ends the marriage.
With a sole application, the court sends the papers to your spouse, who is asked to respond within 14 days. They cannot stop the divorce simply because they do not want it. A dispute is only possible on narrow legal grounds, such as whether the court has jurisdiction or whether the marriage is legally valid.
You may still hear the old names from friends or older websites. The conditional order used to be the decree nisi, and the final order used to be the decree absolute.
Realistically, allow around six months to reach the conditional order and around eight months to reach the final order. Court processing times, errors on forms and a slow response from the other side can all add to that.
The 20-week wait in a no-fault divorce
The 20 weeks run from the date the court issues your application, not from the day you first talked about separating. The wait gives you both time to be sure, and time to start on the practical side before the marriage formally ends.
That second purpose is the one people often overlook. Twenty weeks is a useful window to:
- agree how you will talk to each other, especially if messages turn tense quickly
- gather financial information, such as pension values, savings, debts and what the house might be worth
- start thinking about child arrangements, including where the children will live and how handovers will work
- find out how mediation works if you think you will need help reaching agreement
Key point: a no-fault divorce ends the marriage, but it does not divide your money or decide where your children live. Those are separate decisions, and the 20-week wait is a sensible time to start on them rather than leaving them until the final order arrives.
Blame no longer matters legally, but it still matters emotionally
Taking blame out of the paperwork was a real change. Nobody has to describe an affair or years of hurtful behaviour on a court form, and nobody opens an envelope to find a list of their worst moments.
It does not take the feelings away. If your spouse had an affair, or you believe the marriage ended because of how you were treated, a form that simply says “broken down irretrievably” can feel as though your experience does not count. That reaction is common and understandable.
A few things tend to help:
- Find another place for the story. The court no longer needs it, but you may still need to tell it, to a counsellor, a trusted friend or a support group.
- Keep anger out of the numbers. Courts only weigh conduct in money matters in rare and serious cases, so fighting to make a point tends to cost time and fees without bringing the acknowledgement you want. It is one of the most expensive mistakes people make.
- Watch what the children hear. The legal version may be blame-free, but children still absorb the version told at home. Our guide to telling your children covers what to say.
- Do not reopen old arguments by message. If your ex keeps doing so, short factual replies protect you better than point-by-point rebuttals.
What a no-fault divorce does not sort out
The divorce itself only ends the marriage. Property, savings, pensions and ongoing financial support need a separate agreement, and it only becomes legally binding once the court approves it in a consent order (£62 as of July 2026). Without a financial order, claims against each other can stay open even after the final order.
Where there are pensions or significant property, get legal advice before applying for the final order. Becoming a former spouse can affect some entitlements, so people are often advised to wait until the financial side is approved.
If you cannot agree and one of you wants to apply to court about money or children, you will normally need to attend a MIAM (a mediation information and assessment meeting) first, unless an exemption applies. The free MIAM checklist tool helps you check where you stand. Child arrangements are best worked out between you where it is safe to do so, and co-parenting across two homes gets easier with a clear plan.
Frequently asked questions about no-fault divorce
Can my spouse stop a no-fault divorce?
Not by disagreeing with it. A dispute is only possible on limited legal grounds, such as jurisdiction or the validity of the marriage. If your spouse ignores the papers, the court has ways to move the case forward.
How long does a no-fault divorce take?
The legal minimum is 20 weeks plus six weeks and one day, so just over six months. In practice, around eight months from application to final order is a more realistic expectation.
Can we start jointly and then continue alone?
Yes. If one of you stops cooperating, the other can continue as a sole applicant at the conditional order or final order stage. There are notice steps to follow, so check the GOV.UK guidance first.
Do I need a solicitor?
You do not need one to apply, and many people complete the online application themselves. Legal advice is most useful for the financial side, particularly where there is a house, pensions or a business.
No legal process makes ending a marriage painless, and no-fault divorce does not claim to. What it does is take one source of conflict out of the paperwork, leaving more room for the decisions that shape the next few years: money, housing and the children. Use the 20-week wait for those, keep old grievances out of the practical conversations where you can, and find support for the feelings the forms no longer have space for.