Written by No-fault divorce changed the tone of divorce law in England and Wales. It removed the need to blame one spouse for the legal divorce itself, but it did not remove the need to deal carefully with finances, children, housing, pensions and the practical consequences of separation.
Publication snapshot
- No-fault divorce allows a sole or joint application based on a statement that the marriage has irretrievably broken down.
- The process usually cannot be completed in less than 26 weeks because of the 20-week period before conditional order and the further 43-day wait before final order.
- The divorce application ends the marriage, but it does not automatically produce a binding financial settlement.
- Finances, pensions, housing, debts and child arrangements should be addressed early, ideally before applying for the final order.
What changed
No-fault divorce was introduced in England and Wales by the Divorce, Dissolution and Separation Act 2020. The practical change is simple but important: a spouse no longer needs to rely on adultery, behaviour, desertion or separation facts to show that the marriage has broken down.
Instead, a sole applicant or both spouses jointly can state that the marriage has irretrievably broken down. The court treats that statement as conclusive for the legal divorce route. This reduces the incentive to begin proceedings by setting out blame in formal paperwork.
The change does not make divorce emotionally easy. Nor does it resolve disputes about money, property or children. It changes the legal gateway into divorce so that couples can focus more quickly on the practical arrangements that usually matter most.
Who can apply
You can apply for a divorce in England or Wales if you have been married for more than one year, your marriage is legally recognised in the UK, and the relationship has permanently broken down.
The application can be made by one spouse alone or jointly by both spouses. A joint application may suit couples who agree that the marriage is over and want to manage the process with less procedural tension.
Key distinction
The divorce
The divorce process legally ends the marriage. It deals with the marital status itself.
The consequences
Financial settlement, pensions, housing and child arrangements are separate issues and need separate attention.
The process
The no-fault divorce process is designed to be more straightforward than the previous fault-based system, but it still has fixed stages and timing rules. The basic route is application, issue, conditional order and final order.
Apply
One spouse, or both jointly, applies online or by post. The application states that the marriage has irretrievably broken down.
Issue and acknowledgement
If the application is correct, the court issues it. In a sole application, the other spouse is normally sent the application and must respond to the acknowledgement of service.
Wait 20 weeks
There is a minimum 20-week period after the application has been issued before a conditional order can be sought.
Conditional order
The conditional order confirms that the court sees no legal reason why the divorce cannot proceed. You are still married at this stage.
Final order
After a further 43 days, one or both applicants can apply for the final order. Once made, the marriage is legally ended.
The process may take longer if there are service problems, administrative delays, unresolved financial issues, or if one spouse does not engage with the paperwork.
Timing and fees
The legal minimum period is usually just over six months. In practice, many divorces take longer because financial arrangements, pensions, property and child arrangements are not always resolved within the divorce timetable.
Application issued
The divorce formally starts when the court issues the application. The current GOV.UK fee for applying for a divorce is £612, with help with fees potentially available for those on a low income or certain benefits.
Conditional order stage
After 20 weeks from issue, the applicant or applicants can apply for a conditional order.
Final order stage
After the conditional order, there is a further wait of at least 43 days before applying for the final order.
Practical warning
Do not assume the final order should always be applied for as soon as it is available. Where pensions, property, inheritance, tax or financial claims are unresolved, taking advice before final order can be important.
Sorting finances
No-fault divorce did not create a no-fault financial settlement. Money and property are still dealt with separately. This can include the family home, savings, pensions, business interests, debts, income needs and maintenance.
If both spouses agree how to divide finances, they can ask the court to approve a consent order. A consent order makes the agreement legally binding. Without a binding financial order, informal agreement may not finally resolve future financial claims.
Financial issues to identify early
- family home and mortgage position;
- pensions and pension-sharing options;
- savings, investments and debts;
- income, maintenance and affordability;
- business interests, tax and inheritance issues.
Documents to gather
- bank and mortgage statements;
- pension statements and valuations;
- property valuations and title information;
- income evidence and benefit information;
- credit cards, loans and other liabilities.
Where there is pressure, incomplete disclosure, domestic abuse, economic abuse, business complexity or pension uncertainty, the financial side should not be treated as a quick formality.
Children and families
The purpose of no-fault divorce is partly to reduce unnecessary conflict at the start of the legal process. That can help parents focus on practical arrangements for children: where they live, how they spend time with each parent, school routines, holidays, communication and financial support.
The divorce application itself does not decide child arrangements. Parents may agree arrangements themselves, use mediation or obtain legal advice. If agreement is not possible, a separate court application may be needed.
Stabilise
Focus first on safe housing, child routines, school, health and immediate finances.
Record
Keep written proposals clear, practical and child-focused. Avoid using children as messengers.
Resolve
Consider mediation, solicitor negotiation or other non-court options where safe and suitable.
Protect
Where there is abuse, coercive control, safeguarding risk or urgent concern, specialist advice may be needed quickly.
What about cohabiting couples?
No-fault divorce applies to ending a marriage. It does not apply to unmarried cohabiting couples. Couples who live together without marrying or entering a civil partnership do not automatically have the same financial claims on separation as spouses.
This is why cohabiting couples should not assume that living together for a long time creates the same legal protection as marriage. Property ownership, beneficial interests, children, maintenance and inheritance may need different legal routes and documents.
Practical point
Cohabiting couples should consider cohabitation agreements, declarations of trust, wills and clear property records. The right document at the start can prevent expensive uncertainty at the end.
Practical checklist before applying
The legal divorce process is only one part of separation. The following checklist helps reduce avoidable problems before the application is issued or before the final order is requested.
Check status and timing
Confirm you have been married for more than one year, have the marriage certificate, and understand the 20-week and 43-day stages.
Plan finances
Identify assets, debts, pensions, income and housing needs before assuming the divorce itself resolves money.
Protect children
Keep proposals practical, safe and child-focused. Avoid escalating conflict through blame-heavy correspondence.
Take advice where needed
Get legal advice if there are pensions, property, domestic abuse, business assets, immigration issues or pressure to finalise quickly.
Closing point
No-fault divorce has made the legal gateway to divorce less accusatory. That is a real improvement. But the reform should not be misunderstood as making divorce legally simple in every case.
The safest approach is to treat the divorce application as the status change, and the financial, housing and child arrangements as the real planning work. A lower-conflict process is valuable only if it is matched by clear, informed decisions about what happens next.
Source anchors
- GOV.UK: Get a divorce — check you can get a divorce
- GOV.UK: Apply for a divorce online or by post
- GOV.UK: What happens after you apply
- GOV.UK: Apply for a conditional order
- GOV.UK: Finalise your divorce
- GOV.UK: Money and property when you divorce or separate
- Divorce, Dissolution and Separation Act 2020
- Legal Lens legal resources
Divorce, finances or separation planning?
Get a free written assessment before the final order changes your position
Before applying for divorce, agreeing finances, or requesting the final order, it is worth checking whether the practical risks have been identified and whether any solicitor advice is needed.
Legal Lens can provide a preliminary written assessment of divorce process issues, financial-order risks, child-arrangement concerns, evidence gaps and practical next steps.
Independent Legal Lens consultancy. This is not a regulated solicitors’ firm. A preliminary assessment is not a substitute for regulated legal advice where your situation requires a solicitor.