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

If you have heard the phrase "no fault divorce" and are not quite sure what it means, you are not alone. The change to UK divorce law in April 2022 was the biggest shake-up in over 50 years, and many people still have questions about how it actually works. This guide explains everything in plain English, from what no fault divorce means in practice to how long it takes and what it costs.

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

Before April 2022, divorcing in England and Wales meant proving that your marriage had broken down by blaming your spouse for something. You had to cite one of five grounds, and in practice most people used adultery, unreasonable behaviour, or a period of separation. This meant that even couples who had simply grown apart were forced to point the finger at each other, or wait two years if both agreed to divorce and up to five years if one partner refused.

Many family lawyers and campaigners argued for decades that this system caused unnecessary conflict, made co-parenting harder, and served no useful legal purpose. The case of Tini Owens, a woman whose husband contested her divorce in 2018 and who was refused a divorce by the Supreme Court despite an unhappy marriage, became a landmark moment that finally pushed Parliament to act.

The Divorce, Dissolution and Separation Act 2020 received Royal Assent in June 2020 and came into force on 6 April 2022. It replaced the old system with a much simpler one based on a single ground: that the marriage has broken down irretrievably. Crucially, you no longer need to explain why or blame your spouse. You simply make a statement confirming the breakdown, and the court accepts it.

The change applies to England and Wales only. Scotland has its own divorce law and has operated a slightly different system for some time. If you are based in Scotland, you can find more detail in our complete guide to divorce in Scotland.

How Does No Fault Divorce Work in Practice?

The process is now much more straightforward than it used to be. Here is a step-by-step overview of how a no fault divorce works in England and Wales.

1. Make an application: You apply to the court, either as a sole applicant or jointly with your spouse. You complete a divorce application online via the government's MyHMCTS portal or by post. You state that the marriage has broken down irretrievably. No further evidence or explanation is required.
2. Serve the application: If you apply alone, the court will send a copy of the application to your spouse, who has 14 days to acknowledge receipt. In a joint application, both of you have already signed, so this step is simpler.
3. Wait 20 weeks: Once the application is issued by the court, there is a mandatory 20-week waiting period. This is called the reflection period and is built into the law to give couples time to consider reconciliation or to sort out practical arrangements such as finances and housing.
4. Apply for a conditional order: After 20 weeks, you can apply for a conditional order (previously called a decree nisi). This is the court's confirmation that you meet the legal requirements for divorce. The court does not hold a hearing in most straightforward cases.
5. Wait 6 weeks and 1 day: After the conditional order is granted, you must wait at least 6 weeks and 1 day before applying for the final order.
6. Apply for a final order: The final order (previously called a decree absolute) legally ends your marriage. Once you have it, you are officially divorced.

The entire process from application to final order takes a minimum of around 6 months when everything runs smoothly, largely because of the mandatory waiting periods. In practice, many divorces take 8 to 12 months or longer, particularly if there are financial matters to resolve.

Sole Application vs Joint Application: Which Is Right for You?

One of the most significant features of the new law is the option to apply jointly. Under the old system, one spouse had to be the petitioner and the other the respondent. The new law lets both of you apply together as joint applicants, which can make the process feel far less adversarial.

A joint application works well when both of you agree that the marriage is over and want to handle the divorce cooperatively. You both sign the application, and you share responsibility for progressing it through the stages. Neither person is cast as the one initiating proceedings, and there is no "blame" attached to either party.

A sole application is still available and may be the right choice if your spouse is uncooperative, if you have lost contact with them, or if you simply prefer to manage the process yourself. Your spouse is notified but cannot contest the divorce on the basis that the marriage has not broken down. The only limited grounds for contesting are issues such as jurisdiction, the validity of the marriage, or procedural points.

This is a major change from the old law. Previously, a spouse could contest a divorce and potentially block it. Now, one person's statement that the marriage has irretrievably broken down is legally sufficient. Your spouse cannot prevent the divorce from going ahead.

Choosing between sole and joint depends on your personal circumstances and your relationship with your spouse. If there is any possibility of working together, a joint application can reduce tension. However, if communication has broken down entirely, a sole application keeps things moving without requiring your spouse's active participation at every stage.

What No Fault Divorce Does Not Cover: Finances and Children

It is important to understand that the divorce process itself only legally ends the marriage. It does not automatically sort out your finances, property, pensions, or arrangements for your children. These are separate matters that need to be dealt with alongside or after the divorce.

Financial arrangements are arguably the most complex part of any divorce. Even once you have a final order, your financial ties to your ex-spouse are not automatically severed. You need a formal financial settlement, ideally recorded in a court order called a consent order, to ensure both parties are protected. Without a clean break order, either spouse could in theory make a financial claim years down the line.

Pensions are often one of the most valuable assets in a marriage and are frequently overlooked. A pension sharing order allows one spouse's pension to be split at the point of divorce. You can read more in our detailed guide to pension sharing orders in divorce.

If you are unsure about the financial picture, our free divorce financial calculator can help you get a clearer sense of what might be involved.

Children arrangements are handled separately through a child arrangements order if parents cannot agree. The court always puts the welfare of the children first, and in many cases parents are able to reach their own agreement without going to court.

The key takeaway is this: getting a final order does not mean you have finished dealing with divorce. Make sure financial and children matters are properly resolved before or alongside the legal process.

How Much Does No Fault Divorce Cost in England and Wales?

The court fee for a divorce application in England and Wales is currently £593. In a joint application, this fee is shared between both parties, though legally one person pays and they may agree to split it informally. You may be eligible for a fee remission (a reduction or waiver) if you are on a low income or certain benefits.

Beyond the court fee, your costs will depend on whether you use a solicitor, a legal document service, or handle things yourself.

• Using a solicitor: Solicitors in England and Wales typically charge between £150 and £400 or more per hour for divorce work. A straightforward uncontested divorce might cost between £1,500 and £3,000 in legal fees alone, and significantly more if financial disputes arise.
• DIY divorce: You can complete the divorce application yourself without a solicitor. The government's online portal is reasonably straightforward for most people. Our guide to how to divorce without a solicitor in the UK walks you through the process step by step.
• Using a guide like Clarity Guide: If you want clear, reliable guidance through every stage of the process without paying solicitor rates, Clarity Guide is available from just £37. It covers the full divorce process in plain English so you know exactly what to expect and what to do.

For a fuller breakdown of what divorce might cost you, see our article on how much divorce costs in the UK.

The financial side of divorce, including property, savings, and pensions, is separate from the legal costs of the divorce itself and can add considerably to the overall expense if professional advice or court proceedings are needed.

How Is No Fault Divorce Different in Scotland?

Scotland has its own legal system and its own divorce law, and the changes introduced by the Divorce, Dissolution and Separation Act 2020 do not apply there. If you are based in Scotland and considering divorce, it is worth understanding how the Scottish system differs.

In Scotland, divorce is governed by the Family Law (Scotland) Act 2006 and the Divorce (Scotland) Act 1976. You still need to rely on one of two grounds: irretrievable breakdown or the fact that an interim gender recognition certificate has been issued to either spouse. Irretrievable breakdown can be established by proving adultery, unreasonable behaviour, or separation for either one year (with consent) or two years (without consent).

Scotland does not yet have a true no fault divorce equivalent in the same simplified form as England and Wales. There is no joint application option in the same sense, and the process differs in several practical ways, including the use of simplified procedure for straightforward cases.

For full details on how divorce works north of the border, see our complete guide to divorce in Scotland.

If you are unsure which legal system applies to you, jurisdiction is generally determined by where you live rather than where you were married. If you have recently moved between England and Scotland, it is worth checking which court has jurisdiction before you start proceedings.

Common Misconceptions About No Fault Divorce

The change in the law has led to quite a few myths and misunderstandings. Here are some of the most common ones, along with the reality.

Misconception 1: No fault divorce makes it easier to divorce someone against their will.
Reality: It is true that a spouse can no longer contest a divorce simply because they do not want one. However, the 20-week reflection period and minimum timescales still apply. The law recognises that one person should not be trapped in a marriage indefinitely, but it does not allow divorce to be rushed through without due process.

Misconception 2: Because there is no fault, bad behaviour is ignored.
Reality: The divorce process and the financial settlement are separate things. Whilst fault is no longer relevant to getting a divorce, the courts retain discretion in financial proceedings, and in some cases conduct can be taken into account where it would be inequitable to disregard it. In practice, the bar for conduct affecting financial outcomes is very high.

Misconception 3: You do not need to do anything for 20 weeks.
Reality: The 20-week period is actually a good time to start sorting out financial disclosure, seek advice about your options, and work towards a settlement. Waiting until after the conditional order to think about finances can significantly delay your overall timeline.

Misconception 4: A joint application means you have to agree on everything.
Reality: A joint application only means you both agree that the marriage has broken down and that you are applying together. You do not need to have resolved finances or children arrangements to make a joint application.

Misconception 5: No fault divorce is only for amicable splits.
Reality: Either spouse can apply on their own even in a difficult or contested situation. The no fault element simply means you do not need to prove wrongdoing to get the divorce granted.