What is a no-fault divorce?
A no-fault divorce is a divorce that ends a marriage without either spouse having to blame the other. Since 6 April 2022, it is the only type of divorce available in England and Wales. The applicant, or both spouses together, confirm that the marriage has broken down irretrievably, and the court accepts that statement as conclusive.
This was a major change in the law. The Divorce, Dissolution and Separation Act 2020 removed the old system, under which one person had to accuse the other of adultery, unreasonable behaviour or desertion, or wait years living apart. That blame often made a hard time harder. Now there is one ground, irretrievable breakdown, and no one has to be at fault.
Ending the marriage is only one part of separating. Money and property are dealt with separately through a financial settlement, and arrangements for any children are handled on their own. It is important to deal with these properly, because the divorce itself does not resolve them.
Who can apply for a divorce
You can apply for a no-fault divorce in England and Wales if the points below apply to you.
- You have been married for at least one year before the date you apply.
- Your marriage is legally valid and recognised under the law of England and Wales.
- You or your spouse live in, or are domiciled in, England or Wales, so the courts here have the power to deal with your divorce.
- You can apply on your own as a sole applicant, or jointly with your spouse. Your spouse cannot block the divorce.
How a no-fault divorce works, step by step
Every no-fault divorce follows the same fixed path. These are the stages from the first application to the end of the marriage.
1. The divorce application
You apply online, either on your own or jointly with your spouse, and pay the £628 court fee. You confirm that the marriage has broken down irretrievably. You do not give reasons or evidence.
2. Acknowledgement by your spouse
In a sole application, the court sends the papers to your spouse, who has 14 days to acknowledge them. They cannot refuse the divorce, only raise a narrow technical point such as jurisdiction. A joint application skips this step.
3. The 20-week reflection period
A fixed period of at least 20 weeks then begins. It is built into the law to give both people time to be sure, and to start sorting out finances and arrangements for any children.
4. The conditional order
After the 20 weeks, you apply for the conditional order, which used to be called the decree nisi. This is the court confirming that you are entitled to a divorce.
5. A further six-week wait
You must then wait six weeks and one day after the conditional order before you can take the final step. This second pause is also fixed by law.
6. The final order
You apply for the final order, formerly the decree absolute. This legally ends the marriage, and you are then free to remarry.
A divorce ends your marriage, but it does not settle money or property. If you apply for the final order before a financial order has been approved by the court, you can lose valuable claims, including over a spouse's pension. We usually advise you to agree your finances and obtain a consent order before the final order is made. The court fee of £628 and the stages above are correct as at 24 August 2026. Court fees and rules can change, so please confirm the current position with us.
How we help
- 1
Clear advice from the start
We check that you can divorce, explain the stages and the likely timetable, and help you decide whether a sole or a joint application is right for you. You will know what to expect before anything is filed.
- 2
Handling the application and the court
We prepare and submit your application, deal with the court and with your spouse or their solicitors, and keep the case moving through each stage so there are no avoidable delays.
- 3
Protecting your finances
We work with you on a financial settlement and a consent order, so that ending the marriage does not leave money claims hanging over you afterwards. Getting the timing right here matters a great deal.
- 4
Children and the final order
We help you put sensible arrangements in place for any children, and we apply for the conditional and final orders at the right moments, so your settlement is secured before the marriage formally ends.
What is included in our service
- Advice on whether you can divorce and the best way to apply
- Preparing and submitting your sole or joint divorce application
- Dealing with the court and the other side at every stage
- Applying for your conditional order and final order at the right time
- Guidance on the 20-week reflection period and the overall timetable
- Working with you on a financial consent order to protect your settlement
Most divorces are privately funded, and we offer a clear fixed fee for the divorce itself, so you know the cost from the start. Legal Aid for a divorce is limited. It is generally available only where there is evidence of domestic abuse or a risk of harm to a child, and it is means and merits tested. Legal Aid for family mediation is more widely available, and can fund a MIAM and mediation sessions even without evidence of abuse. We will tell you honestly whether you may qualify, and we set out any fee clearly and in writing before any work begins. There is no charge for an initial phone consultation to talk things through.
Common questions
Last updated: June 2026.
