No Fault Divorce in England and Wales Explained: Everything You Need to Know

If you have heard the term no fault divorce but are not quite sure what it means or how it affects you, you are not alone. The law in England and Wales changed in April 2022, removing the need to blame your spouse in order to get divorced. This guide explains exactly what changed, how the new process works, and what you need to do if you are considering divorce.

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

Before April 2022, anyone wanting a divorce in England and Wales had to prove that the marriage had broken down by pointing to one of five facts. These were adultery, unreasonable behaviour, desertion, two years of separation with consent, or five years of separation without consent. In practice, this meant most people either had to wait years or make allegations against their spouse, even when both parties agreed the marriage was over.

This system caused enormous unnecessary conflict. Lawyers and family campaigners argued for decades that forcing couples to trade blame made an already difficult situation worse, increased legal costs, and caused lasting harm to children caught in the middle.

The Divorce, Dissolution and Separation Act 2020 came into force on 6 April 2022, introducing no fault divorce to England and Wales. The key change is simple: you no longer need to blame your spouse or wait years to qualify for a divorce. You simply need to state that the marriage has broken down irretrievably, and the court accepts that statement without question.

The reform was welcomed by family law professionals, charities, and couples across the country. It brought England and Wales broadly in line with countries such as Ireland, Australia, and much of Europe, where no fault divorce had existed for years.

It is worth noting that Scotland has its own divorce law and always operated a slightly different system, where one year of separation with consent was already available. If you are based in Scotland, you can read the complete guide to divorce in Scotland for information specific to your situation.

What Changed in April 2022: The Key Differences Explained

The 2022 reforms introduced several important changes to how divorce works in England and Wales. Here is a straightforward summary of what is different now compared to the old system.

• No more blame: You no longer need to cite adultery, unreasonable behaviour, or desertion. There is one ground for divorce: irretrievable breakdown of marriage. You simply make a statement to that effect.
• The court cannot challenge your reason: Under the old law, a spouse could theoretically contest a divorce by disputing the facts alleged against them. Under the new law, neither party can contest the divorce itself. Disputes can still happen over finances and children, but not over whether the divorce is granted.
• Joint applications are now possible: For the first time, couples can apply for divorce together as a joint application. This reflects the reality that many divorces are mutually agreed and removes any sense that one person is being sued by the other.
• A mandatory 20-week reflection period: A minimum of 20 weeks must pass between the start of proceedings and when you can apply for a conditional order. This is designed to give couples time to reflect and, if appropriate, explore reconciliation. It also allows time to sort out practical matters such as finances and arrangements for children.
• New terminology: The old terms decree nisi and decree absolute have been replaced with conditional order and final order. The role previously called petitioner is now applicant, and the old respondent label still applies but carries less adversarial weight.

These changes together make the process less combative and more straightforward for most couples. However, it is important to understand that the divorce itself is separate from financial settlements and child arrangements, both of which still require careful attention.

How Does the No Fault Divorce Process Work Step by Step?

The divorce process in England and Wales now follows a clear sequence of steps. Here is what to expect from start to finish.

1. Apply online or by paper: You can apply for divorce through the government's online divorce service or by completing paper forms. You will need your original marriage certificate. A court fee of £593 applies at the time of writing, though fee remission may be available if you are on a low income.
2. Sole or joint application: Decide whether to apply alone (sole application) or together with your spouse (joint application). Either route leads to the same outcome. Joint applications can feel more cooperative and may reduce tension, but they are not always practical if communication has broken down.
3. Serve the application: If you apply as a sole applicant, the court will send a copy of the application to your spouse, who must acknowledge receipt. In a joint application, both parties have already confirmed their involvement.
4. Wait 20 weeks: Once the application is issued, you must wait at least 20 weeks before you can apply for a conditional order. Use this time to work on financial settlement and any arrangements for children.
5. Apply for a conditional order: After 20 weeks, you (or both of you in a joint application) can apply for the conditional order. The court checks the paperwork and, if satisfied, grants the conditional order. You do not usually need to attend court.
6. Wait six weeks and one day: After the conditional order, there is a further minimum wait of six weeks and one day before you can apply for the final order.
7. Apply for the final order: The final order legally ends your marriage. At this point you are officially divorced. It is generally advisable not to apply for the final order until a financial settlement has been agreed and approved by the court, as this protects both parties.

The minimum total time from start to finish is therefore around 26 weeks, though in practice many divorces take longer, especially if finances are complex. For a fuller walkthrough, see our complete guide to divorce in England and Wales.

Can Either Spouse Refuse or Contest a No Fault Divorce?

This is one of the most common questions people ask, and the answer under the new law is largely no. A spouse cannot contest or block a divorce simply because they do not want it to happen. The statement that the marriage has broken down irretrievably is treated as conclusive by the court, and the other party cannot argue against it.

This was a significant departure from the old law, where a determined spouse could in theory contest a divorce on the basis that the facts alleged were untrue. In practice, contested divorces were rare and expensive, but the possibility created anxiety and gave one partner a degree of power over the other.

Under the current law, the only limited grounds on which a divorce can be challenged are procedural or jurisdictional. For example, a spouse could raise concerns about whether the court has jurisdiction (such as whether England and Wales is the correct legal forum) or whether proper notice was given. These are narrow legal arguments rather than a way of simply refusing to accept the divorce.

What a spouse can still do is dispute how the finances are divided or disagree about arrangements for children. These are separate legal processes that run alongside or after the divorce itself. The divorce will still proceed, but those matters may need to be resolved through negotiation, mediation, or court proceedings.

If you have concerns about a complex financial situation or significant assets, it is worth taking independent legal advice. Solicitors in England and Wales typically charge between £150 and £400 or more per hour, so knowing your situation before consulting one can help keep costs down. Resources like Clarity Guide's free divorce financial calculator can help you understand what you might be dealing with before spending money on legal fees.

Sole Applications Versus Joint Applications: Which Is Right for You?

One of the genuinely new features introduced in 2022 is the option to apply for divorce jointly. Before the reform, one person always had to take the role of petitioner, making allegations against the other. Now, couples who both agree the marriage is over can apply together on equal terms.

Joint applications work well when:

• Both parties agree the marriage is over and want an amicable process
• Communication between you is reasonable
• You want to present a united front, particularly if you have children
• Neither party wants to feel blamed or accused

Sole applications may be more appropriate when:

• Your spouse is unwilling to engage with the process
• There is a significant power imbalance or history of coercive control
• Communication has completely broken down
• You need to move forward regardless of your spouse's cooperation

It is important to understand that switching from a joint to a sole application (or vice versa) is possible in some circumstances, but it is worth thinking carefully about the right approach from the outset. In a joint application, both parties must agree at each stage of the process, which could create delays if one person becomes uncooperative later on.

If you are considering doing this yourself without a solicitor, our guide on how to divorce without a solicitor in England and Wales walks you through the process step by step in plain English. Many people successfully handle the divorce process itself without legal help, particularly when the split is amicable and finances are straightforward.

What No Fault Divorce Does Not Solve: Finances and Children

It is worth being very clear about something that causes confusion for many people: no fault divorce makes ending the legal marriage simpler, but it does not automatically sort out your finances or your arrangements for children. These are entirely separate matters that need to be dealt with independently.

Financial settlement: Once you are divorced, your former spouse could in theory make a financial claim against you years later unless you have a legally binding financial order in place. A clean break order or consent order, approved by the court, is the only way to close the door on future financial claims. Simply agreeing things verbally or even in writing is not enough. You should aim to have a financial order in place before applying for the final order wherever possible.

If you are unsure what a fair financial split looks like for your circumstances, start with our free divorce financial calculator to get a clearer picture before paying for solicitor time.

Children arrangements: If you have children, you will need to agree on where they live, how much time they spend with each parent, and how decisions about their upbringing will be made. In many cases, parents can agree this between themselves or with the help of a mediator. Where agreement is not possible, a court can make a child arrangements order. For a detailed explanation of how this works, see our guide to child arrangements orders in England and Wales.

The 20-week reflection period introduced by the 2022 Act is, in part, designed to give couples time to work through these issues before the divorce is finalised. Use it wisely rather than letting it pass without progress.

How Much Does No Fault Divorce Cost and How Can You Keep Costs Down?

The court fee for a divorce application in England and Wales is currently £593. This is a fixed government fee payable when you submit your application. If you are on a low income or receiving certain benefits, you may be eligible for a fee remission, which means you pay a reduced amount or nothing at all. You can check eligibility using the government's Help with Fees scheme.

Beyond the court fee, your costs will depend significantly on how you approach the process.

• DIY divorce: If you and your spouse agree on the divorce itself and can handle the paperwork yourselves, the court fee may be your only significant expense for the divorce stage. Many people successfully manage the divorce application without any legal help, particularly under the new simpler system.
• Using a solicitor for the full process: If you instruct a solicitor to manage everything, including correspondence, financial negotiations, and court applications, costs can quickly reach £3,000 to £10,000 or more per person. Solicitors charge between £150 and £400 or more per hour, and complex cases can far exceed these figures.
• Fixed fee and unbundled services: Many solicitors now offer fixed fees for specific tasks, such as drafting a consent order. This can be a cost-effective middle ground.
• Clarity Guide: For those who want clear, reliable guidance without the solicitor price tag, Clarity Guide provides comprehensive plain-English divorce guidance from just £37. It will not replace legal advice for complex situations, but it can help you understand the process, know the right questions to ask, and avoid expensive mistakes.

For a full breakdown of what divorce is likely to cost in your situation, read our guide on how much divorce costs in the UK.