No-fault divorce in England and Wales, step by step

Since 6 April 2022, divorce in England and Wales has worked on a no-fault basis under the Divorce, Dissolution and Separation Act 2020. Nobody has to prove adultery or behaviour, and nobody has to wait out years of separation. The process itself is fairly mechanical. What takes thought is everything that sits beside it: money, property and children.

Who can apply

You can apply if you have been married for over a year, the relationship has permanently broken down, and the marriage is legally recognised in the UK. The application is a statement that the marriage has broken down irretrievably; you do not have to explain why. The same steps apply, with small changes in wording, to ending a civil partnership.

You can apply alone (a sole application) or together (a joint application). Most people apply online through GOV.UK. There is a court fee; the current amount and help with fees for people on low incomes are listed on the same guide.

After you apply

Once the court issues the application, a sole applicant's spouse is sent it with an acknowledgement of service to complete, and is expected to respond within 14 days. The other spouse can only dispute the divorce with a genuine legal reason; as GOV.UK puts it, they cannot dispute it simply because they do not want a divorce or to delay the process.

The 20-week reflection period

You must wait 20 weeks from the date the court issues the application before you can apply for the next stage. The period is there on purpose: to give both people time to reflect, and to make practical arrangements for the house, money and children while the divorce is in progress.

The conditional order

After the 20 weeks you can apply for a conditional order. This is a document saying the court sees no reason why you cannot divorce. It does not end the marriage.

The final order

You then have to wait at least 43 days (6 weeks and 1 day) after the conditional order before you can apply for the final order, which legally ends the marriage. GOV.UK asks you to apply within 12 months of the conditional order, or explain the delay to the court.

Do not rush this step. GOV.UK points out that if you want a legally binding arrangement for dividing money and property, you must apply to the court for it before you apply for the final order. Many people therefore wait until the financial side is settled.

Money and property are a separate process

The divorce ends the marriage. It does not divide anything. If you and your spouse agree how to split money, property and pensions, you can ask the court to turn that agreement into a consent order, which makes it legally binding. If you cannot agree, you can ask the court to make a financial order. An informal agreement on paper does not give the same protection. See GOV.UK on money and property.

Children

Arrangements for children are also separate from the divorce. Parents can agree between themselves where the children will live, how much time they spend with each parent and how they will be supported, and many write this down as a parenting plan. If you cannot agree, you will usually need to show you have considered mediation before applying to court for a child arrangements order. GOV.UK's guidance on children sets out the options and the costs.

When to involve a lawyer

A straightforward divorce with no shared property can often be done without a solicitor. Advice is usually worth it when there is a house, a pension or a business, when one person earns much more than the other, when there are disagreements over children, or when there has been domestic abuse — in that last case legal aid may be available.

This page is general information about how these matters usually work in England and Wales. It is not legal advice about your own case, and only a lawyer who has read your documents can give you that. A family lawyer near you can be found in the directory.