By Sital Somaiya, Founder and Solicitor. Last reviewed 15 October 2026.
Key points
- Since 6 April 2022, you no longer have to blame your spouse or show you have lived apart to get divorced.
- You make a statement that the marriage has broken down irretrievably, and the court must accept it.
- You must have been married for at least a year, and have a legal connection to England and Wales.
- The divorce has five stages and takes at least 26 weeks. Money and children are dealt with separately.
No-fault divorce was the biggest change to divorce law in England and Wales for 50 years. It removed the need to prove adultery, behaviour or separation, and ended the ability to defend a divorce simply because you do not want it. This guide explains how it works from start to finish.
To see which route suits you and how long it will take, try our free divorce route planner.
In this guide
- What changed in April 2022
- Who can apply
- The five stages
- What you need before you apply
- Sole or joint application
- Can a divorce be disputed?
- Money and children are separate
- Judicial separation: the alternative to divorce
- When you should get a solicitor
- Frequently asked questions
- Talk to us
What changed in April 2022
Before the Divorce, Dissolution and Separation Act 2020 came into force, you had to prove the marriage had broken down by relying on one of five facts: adultery, unreasonable behaviour, desertion, two years’ separation with consent, or five years’ separation. Many couples had to make allegations just to start the process, even when the decision was mutual.
Now, the only ground is that the marriage has broken down irretrievably, and your statement saying so is conclusive. You do not have to give reasons, and the court does not look into them.
| Old term | New term |
|---|---|
| Divorce petition | Divorce application |
| Petitioner | Applicant |
| Respondent | Respondent (unchanged) |
| Decree nisi | Conditional order |
| Decree absolute | Final order |
| Five facts | Statement of irretrievable breakdown |
Who can apply
- You must have been married for at least one year. Before then, you cannot apply for divorce, though you can apply for judicial separation (explained below) or start discussing arrangements.
- Your marriage must be legally recognised in the UK, including marriages that took place abroad.
- The courts of England and Wales must have jurisdiction, usually because one or both of you are habitually resident or domiciled here. Jurisdiction can be complicated if either of you lives abroad, so take advice.
The same process applies to ending a civil partnership, called dissolution, and to same-sex marriages.
The five stages
| Stage | What happens | Timing |
|---|---|---|
| 1. Application | You, or you and your spouse together, apply online or on paper, with your marriage certificate | Day 0 |
| 2. Issue and service | The court issues the application. In a sole application, it is sent to your spouse, who must acknowledge it within 14 days | Within a few weeks |
| 3. Reflection period | A minimum 20 weeks from issue before you can move on | 20 weeks |
| 4. Conditional order | You apply, the court checks the papers and pronounces the conditional order | From week 20 |
| 5. Final order | You apply at least 6 weeks and 1 day after the conditional order. Once made, you are divorced. | From about week 26 |
Our divorce timeline guide breaks this down week by week, and explains what slows it down. There are separate guides to the conditional order and the final order.
What you need before you apply
- Your original marriage certificate, or a certified copy. If it is not in English, you also need a certified translation.
- Your spouse’s full name and a current postal address, and an email address if you have one, so the papers can be sent to them
- Evidence of any change of name, if the name you use now differs from the one on the certificate
- Your date and place of marriage, exactly as shown on the certificate
- Details of any earlier court cases between you, such as children or injunction proceedings
Getting these right first time is the easiest way to avoid delay. Most rejected or delayed applications come down to details that do not match the certificate.
Sole or joint application
You can apply on your own, as a sole applicant, or together as joint applicants. A joint application suits couples who agree and can cooperate through each stage. A sole application suits anyone whose spouse is unlikely to engage, or where there has been domestic abuse. Our sole or joint guide helps you decide.
Can a divorce be disputed?
Only in narrow circumstances. Your spouse cannot dispute the divorce because they disagree that the marriage has broken down, or because they do not want a divorce. They can only dispute it on grounds such as:
- Jurisdiction: the courts of England and Wales do not have power to deal with it
- Validity: the marriage was not legally valid
- The marriage has already ended, for example by an earlier divorce abroad
If your spouse receives the papers, they respond through the acknowledgement of service, which is where they say whether they intend to dispute.
Money and children are separate
A no-fault divorce ends the marriage. It does not decide who keeps the house, how pensions are shared or where the children live. Those are separate matters:
| Issue | How it is resolved | Read more |
|---|---|---|
| Property, savings, pensions and maintenance | Agreement turned into a consent order, or a financial order made by the court | Clean break orders, spousal maintenance, pension sharing |
| Where the children live and time with each parent | Agreement between you, mediation, or a child arrangements order | Child arrangements |
| Staying in the family home | By agreement, or by relying on home rights if the home is in your spouse’s name | Matrimonial home rights |
Before applying to court about money or children, you will usually need to attend a MIAM. Mediation can also help you agree both, often much faster than court. See our mediation page.
Judicial separation: the alternative to divorce
Some couples do not want, or cannot yet get, a divorce. A judicial separation formally recognises that you are separated and lets the court make most of the same financial orders, but you remain married. It is also no-fault, it can be started in the first year of marriage, and it is sometimes chosen for religious or cultural reasons. It does not let you remarry.
When you should get a solicitor
Many couples manage the divorce application itself. Legal advice is most valuable on the things that follow it. Speak to a solicitor if:
- You have significant assets, a business, or pensions of different sizes
- There are assets or a spouse abroad, or jurisdiction is unclear
- There has been domestic abuse or controlling behaviour
- Your spouse is not engaging, or you think they are hiding money
- You are unsure when to apply for the final order
- You want a financial agreement to be legally binding
An example
Rahul and Meera married in 2016 and separated in 2026, both agreeing it was over. They made a joint application in their own names. During the reflection period, they agreed through two mediation sessions that Meera would keep the house in Hornchurch and Rahul would keep a larger share of the pensions. Their solicitor drafted a consent order, which the court approved after the conditional order. They then applied jointly for the final order.
This is an illustrative example, not a real case.
Frequently asked questions
Do I need a reason to get divorced?
No. You simply state that the marriage has broken down irretrievably. You do not need to give reasons, and your spouse cannot argue with that statement.
Can my spouse stop the divorce?
Not because they disagree with it. They can only dispute it on narrow grounds such as the court lacking jurisdiction or the marriage not being valid.
How long does a no-fault divorce take?
At least 26 weeks from the date the court issues the application, and usually longer once court processing and the finances are taken into account.
Does no-fault divorce affect how assets are divided?
No. Who was to blame for the breakdown is generally irrelevant to dividing assets, as it was before 2022 except in rare cases of extreme conduct. The court focuses on needs, contributions and fairness.
Can I apply for divorce if I married abroad?
Usually, yes, if your marriage is legally recognised in the UK and the courts of England and Wales have jurisdiction. You will need the original certificate, and a certified translation if it is not in English.
Sources
- Get a divorce, GOV.UK
- Divorce, Dissolution and Separation Act 2020, legislation.gov.uk
- Matrimonial Causes Act 1973, legislation.gov.uk
Talk to us
Signature Law handles divorce and the financial and child arrangements that follow, in Romford, Essex and East London, in English, Gujarati, Hindi and Urdu. Plan your route with our divorce route planner or speak to our divorce solicitors.
Request a callback, or call 01708 398 851.
