How to Get a Divorce: The No-Fault Process Explained

The Divorce, Dissolution and Separation Act 2020 came into force on 6 April 2022 and removed the old system of having to give a reason. You no longer cite adultery or ‘unreasonable behaviour’, and you no longer have to wait two years if your spouse does not agree. Instead:

• ✓You state that the marriage has broken down irretrievably, that statement is conclusive, and the court accepts it.
• ✓A divorce can no longer be contested (defended), except on narrow legal grounds such as the marriage never being valid.
• ✓You can apply jointly with your spouse, or on your own if they will not take part.

You can apply for a divorce in England and Wales if:

• ✓You have been married for at least one year
• ✓Your marriage is legally recognised in the UK (including most marriages from abroad)
• ✓The UK is the permanent home of you or your husband or wife

You will need your marriage certificate (or a certified copy), your spouse's full name and address, and the £612 application fee. If you are on a low income or certain benefits you may be able to get the fee reduced or waived through the Help with Fees scheme.

Most people now apply online through GOV.UK. There are four stages, with two built-in waiting periods that you cannot skip:

• ✓1. Apply. Complete the application (sole or joint) and pay the £612 fee. If it is a sole application, your spouse is sent the papers and has 14 days to acknowledge them.
• ✓2. Wait 20 weeks. A minimum 20-week reflection period runs from the start of the application before you can take the next step.
• ✓3. Conditional order. After the 20 weeks you confirm you want to continue and apply for the conditional order (the old 'decree nisi'), confirming the court can grant the divorce.
• ✓4. Final order. At least 6 weeks and 1 day after the conditional order, you apply for the final order (the old 'decree absolute'), which legally ends the marriage.

The divorce itself only ends the marriage. It does not deal with your money, property or pensions, and it does not stop your ex making a financial claim against you in the future, even years later. Applying for the final order before you have a court-approved financial settlement can be a costly error.

Arrangements for children are also separate from the divorce. If you cannot agree where the children live or how much time they spend with each parent, see child arrangements and child maintenance.

If your divorce is straightforward and you both agree, you can do the application yourselves through GOV.UK for the £612 fee, many people do. Where legal advice genuinely pays for itself is the money: dividing property, sharing pensions, and getting a watertight consent order so neither of you can come back for more later.

Consider getting advice if there is a house, a business, significant pensions or savings, if your spouse is hiding assets or being difficult, or if there has been any abuse. A few hours of a family solicitor's time on the settlement can protect far more than it costs.

Scotland did not adopt the same no-fault system. You can divorce on the grounds of irretrievable breakdown, shown by one year's separation if both agree, or two years' separation if one does not, and behaviour-based grounds still exist. Many Scottish divorces use the cheaper ‘simplified procedure’ where there are no children under 16 and no financial dispute. Financial provision is dealt with under the Family Law (Scotland) Act 1985.

Northern Ireland also keeps the older system: divorce generally requires grounds such as behaviour or a period of separation (two or five years), and the process goes through the NI courts. Child maintenance, however, works the same way across the whole UK through the Child Maintenance Service.