No-Fault Divorce

The no-fault divorce process introduced in April 2022 replaced the old fault-based system with a streamlined procedure. The key stages are:

1. Application: One or both spouses submit a divorce application online at the HMCTS divorce and dissolution portal (www.gov.uk/apply-for-divorce). You state that the marriage has broken down irretrievably — no reasons, examples of behaviour, or evidence of fault are required. The court fee is £593. You will need your marriage certificate.
2. Service: For sole applications, the court sends the application to the respondent spouse. The respondent must acknowledge service within 14 days. For joint applications, both parties have already agreed to proceed and acknowledgement is built into the application.
3. Conditional order: At least 20 weeks after the application was issued (not acknowledged), you can apply for the conditional order. This is the court's confirmation that you are entitled to divorce. For joint applications, both parties apply together. For sole applications, either party can apply.
4. Mandatory reflection period: After the conditional order is made, there is a minimum six-week period before you can apply for the final order.
5. Final order: At least six weeks after the conditional order, you can apply for the final divorce order. This legally ends the marriage. For joint applications, both apply together. For sole applications, either spouse can apply after the six-week period.

In practice, the full process from application to final order takes a minimum of around six months (20 weeks plus six weeks plus processing time), and often longer due to court backlogs. Financial settlements and arrangements for children run alongside — and often extend beyond — the divorce proceedings themselves.

The no-fault divorce process allows couples to choose between a sole application (made by one spouse alone) or a joint application (made by both spouses together).

Joint application is available where both spouses agree to divorce and are willing to engage cooperatively. Advantages include:

• No service disputes — both parties are already party to the application
• Neither spouse is labelled "petitioner" or "respondent," which can reduce hostility
• Both parties must apply together for the conditional and final orders

A disadvantage of joint applications is that if one party later disengages or delays, the other party may be unable to progress alone (though they can apply to convert to a sole application in some circumstances).

Sole application is appropriate where one spouse does not want to divorce or is uncooperative. Under the no-fault system, the respondent cannot contest the divorce itself — the only ground (irretrievable breakdown) cannot be defended. The respondent can dispute service or procedural matters, but cannot prevent the divorce from proceeding if the applicant wishes to continue.

For both types, disputes about finances and children are dealt with separately by the family court and are unaffected by whether the divorce was sole or joint.

The divorce order itself does not deal with finances — it only legally ends the marriage. Financial matters are dealt with separately through a financial order (formerly called an ancillary relief order). Key points:

• It is strongly advisable to have a financial order sealed by the court even if you reach an agreement privately. Without a court order, your former spouse can make financial claims against you years later — there is no automatic clean break.
• Financial orders can cover property, pensions (through pension sharing or attachment orders), savings, investments, maintenance, and lump sums.
• If you cannot agree, you must apply to the court for financial remedy proceedings. The court will consider needs, resources, contributions (financial and non-financial), and the welfare of any children.
• A financial consent order — where you and your spouse have agreed the terms — can be submitted to the court for approval without a hearing in most cases. You will need a solicitor to draft the order even if the terms are agreed.
• Pension sharing is increasingly important — many people's most significant asset after property is their pension, and it can be divided on divorce.

Do not apply for the final divorce order until your finances are resolved or at least an agreement is in place, unless there is a reason to finalise the divorce first. Obtaining the final order ends your status as spouse, which can affect inheritance rights, pension death benefits, and tax arrangements.

The minimum cost of a no-fault divorce is the £593 court application fee. However, in reality most people incur additional costs:

• Legal fees: If you use a solicitor to manage the divorce and financial negotiations, fees typically range from £1,500 to £20,000+ depending on complexity and whether agreement is reached early or the matter goes to a contested hearing.
• Financial order: Even for agreed financial settlements, having a consent order drafted and approved by the court typically costs £1,000–£3,000 in solicitor's fees plus a court fee of £58.
• Mediation: If you attempt family mediation before going to court, session costs are typically £100–£200 per person per session. Legal aid is available for mediation for eligible individuals.
• Contested hearings: If financial proceedings become contested and proceed to a final hearing, total legal costs can reach tens of thousands of pounds for complex cases involving significant assets.

Legal aid is available for family law cases in limited circumstances, primarily where there is evidence of domestic abuse or child protection concerns. If you have a low income, check your eligibility at gov.uk/check-legal-aid. Many solicitors offer free initial consultations and some work on a fixed-fee basis for straightforward cases.