What is no-fault divorce?
No-fault divorce allows couples in England and Wales to end their marriage without one party having to blame the other. Before April 2022, you had to prove one of five specific facts: adultery, unreasonable behaviour, desertion, or separation for two or five years, before a court would grant a divorce.
The new system replaces all of that with a single Statement of Irretrievable Breakdown. You simply confirm that the marriage has broken down. No evidence required, no reasons given, no fault assigned. The court must accept this statement as conclusive evidence and cannot refuse the application because one spouse disagrees.
Under the old system, your spouse could contest your divorce and a judge could refuse to grant it, as happened in the well-known Owens v Owens case in 2018. Under the new system, divorce cannot be contested on the basis that one spouse disagrees. The only grounds to challenge are narrow legal technicalities such as the marriage never being valid in the first place.
What exactly changed in April 2022?
The Divorce, Dissolution and Separation Act 2020 came into force on 6 April 2022, introducing the following changes:
| Before April 2022 | After April 2022 |
|---|---|
| Had to prove one of five facts (adultery, behaviour, desertion, 2-year or 5-year separation) | Single statement of irretrievable breakdown, no evidence required |
| Only one party could apply (the petitioner) | Joint applications now available; both parties apply together |
| Spouse could contest and potentially block the divorce | Divorce cannot be contested on the basis of disagreement |
| Called "decree nisi" and "decree absolute" | Now called "Conditional Order" and "Final Order" |
| No mandatory reflection period | Mandatory 20-week waiting period between application and Conditional Order |
How does the no-fault divorce process work?
The no-fault divorce process in England and Wales follows five stages with mandatory waiting periods built in. Here is what happens at each step:
Once the Final Order is granted your marriage is legally ended. If you apply before your financial settlement is resolved, you lose important protections, including in some cases the right to claim a spouse's pension on their death. Complete your Consent Order before applying for the Final Order.
How much does no-fault divorce cost?
The minimum cost is the mandatory court fee of £612, which applies regardless of whether you use a solicitor. This is fixed and paid to HMCTS when you submit the application.
Beyond the court fee, costs depend on whether you handle the process yourself or use professional help:
| Route | Typical cost |
|---|---|
| DIY: apply yourself via gov.uk | £612 court fee only |
| Online divorce service | £612 + £179–£500 service fee |
| Solicitor-assisted | £612 + £500–£2,000+ in solicitor fees |
| Consent Order (financial settlement) | Additional £60 court fee + £300–£1,500 drafting costs |
If you are on a low income or receiving certain benefits, you may qualify to have the court fee reduced or waived entirely. Check your eligibility on gov.uk before applying.
How long does it take?
A no-fault divorce takes a minimum of 26 weeks, roughly 6 months, from application to Final Order. This is the absolute minimum assuming no delays. In practice, current court processing times mean most divorces take between 12 and 18 months from start to finish.
Between October and December 2024, the average time from application to Conditional Order was 45 weeks, and from application to Final Order was 70 weeks. Court workload remains high following the surge in applications after the 2022 reforms.
The mandatory 20-week reflection period cannot be shortened; it is built into law. The additional time comes from court processing and, in many cases, the time taken to resolve financial matters.
Sole vs joint application: which should you choose?
The no-fault system introduced joint applications for the first time. In January to March 2025, 27% of all divorce applications were joint, a significant shift from the pre-2022 system where only sole applications were possible.
A joint application means both parties apply together. The service step (where the court formally notifies the respondent) is not required, which removes one potential friction point. Both parties confirm they want to proceed at the Conditional Order stage. The legal outcome is identical to a sole application; there is no legal benefit to one over the other, but joint applications can establish a cooperative tone from the outset.
If your ex-partner is unwilling or unable to participate in a joint application, a sole application works just as well legally. An amicable divorce does not require a joint application; many cooperative separations proceed as sole applications without difficulty.
The thing most people still miss: financial settlement
This is the most important section of this guide. Divorce and financial settlement are two completely separate legal processes in England and Wales. They have different forms, different stages, different timelines, and must be handled independently.
Getting the Final Order ends your marriage. It does not resolve your finances, property, pensions or any other assets. Without a legally binding financial settlement, called a Consent Order, either party can make financial claims against the other indefinitely, even years after the divorce.
One of the unintended consequences of the simplified no-fault divorce process is that more people are completing the divorce without realising the financial settlement is a separate step. Research from Boyes Turner (April 2025) found that the proportion of divorcing parties without legal representation fell from 59% in 2012 to 30% in 2024, but this also means more people are completing the process without being told about financial claims.
A Consent Order is the court-approved document that makes your financial agreement legally binding. It covers the family home (sale, transfer or deferred arrangement), pensions (sharing, offsetting or earmarking), lump sum payments, savings, debts, maintenance, and a clean break clause that prevents future claims. Without it, the agreement you have reached between yourselves is not enforceable in law.
The Consent Order must be drafted by a solicitor or professional drafting service; courts consistently reject self-drafted orders that do not use the correct legal wording. Alongside it you will file Form D81 (the Statement of Information), Form A (the application), and pay a £60 court fee. A judge reviews the package and seals it if the agreement appears fair, in most amicable cases without a hearing.
Who can apply for a no-fault divorce?
To apply for a no-fault divorce in England and Wales you must meet the following requirements:
- You must have been married for at least 12 months
- The marriage must have legally taken place; a valid marriage certificate is required
- At least one party must be habitually resident in England or Wales, or be domiciled in England or Wales
- The law applies to opposite-sex and same-sex marriages
The law covers England and Wales only. Divorce law in Scotland and Northern Ireland follows different rules. If your case has an international element, such as overseas assets, foreign nationality or marriage abroad, you should seek specialist legal advice before applying.