Since April 2022, couples in England and Wales have been able to divorce without blaming either spouse for the breakdown of their marriage. No-fault divorce replaced the previous system, which required one spouse to provide a reason for the divorce, often involving allegations about the other’s behaviour. The change was intended to reduce conflict during an already difficult time.

Understanding the process can help you prepare for what comes next. This guide explains how no-fault divorce works, how long it usually takes and why ending your marriage does not automatically settle your finances.

What changed with no-fault divorce in 2022?

No-fault divorce was introduced by the Divorce, Dissolution and Separation Act 2020, which came into force on 6 April 2022. Under the new system, you no longer need to give a reason for the divorce or prove that your spouse is at fault. A statement that the marriage has broken down irretrievably is enough, and your spouse cannot contest the divorce simply because they disagree with it.

The terminology changed too. The conditional order replaced what was previously called the decree nisi, while the final order replaced the decree absolute. The person applying for a divorce is now known as the applicant. Couples can also apply jointly, rather than one spouse applying against the other.

You can find out more about the support available from our divorce solicitors and how they can help you through the process.

How the no-fault divorce process works, step by step

The process starts with an application, which can be made by one spouse or jointly by both. If one person applies, the court sends the application to the other spouse, who should acknowledge receipt, and if they don’t, it may be necessary to take steps to prove they are aware of the divorce.

There is then a minimum twenty-week ‘cooling off’ period from the start of proceedings before the applicant can apply for a conditional order. This gives both parties time to consider the decision and begin making arrangements for their finances and any children.

The conditional order confirms that the court sees no legal reason why the divorce cannot proceed. After a further wait of at least six weeks and one day, the applicant can apply for the final order, which legally ends the marriage. If no application is made after three months, the respondent can apply for the final order of divorce.

However, you should not finalise the divorce until after a financial order has been made, otherwise this may impact on the ability to make any claim as a spouse should one party die.

Our options for separating and divorcing page explains the different routes available, including ways to resolve matters by agreement.

How long does a no-fault divorce take?

A no-fault divorce takes at least around six months, because of the twenty-week period before the conditional order and the further six weeks and one day before the final order can be made.

Many divorces take longer, particularly when financial arrangements or matters involving children remain unresolved. Agreeing these issues can take more time than the divorce application itself. Our divorce solicitors in Bournemouth and nationally can help you understand your options and work towards an agreement where possible. Instructing a family lawyer does not mean a separation has to become contentious. Legal advice can help both parties understand their position and resolve matters amicably.

Why a divorce does not end your financial ties

Getting the final order ends your marriage, but it does not automatically bring your financial claims against each other to an end. Depending on your circumstances, those claims may remain open even after the divorce is finalised. This is not time barred, and the case of Wyatt and Vince, the wife was successful in making a financial claim 27 years after separation.

A financial order can set out how assets, savings, pensions and other financial matters will be dealt with. Where both parties agree on the terms, they can apply for a consent order for the court to approve. A clean break order can also bring certain future financial claims between former spouses to an end.

It is worth addressing finances as part of the divorce rather than assuming they are settled once the marriage ends. Our divorce financial settlement team can advise you on reaching an appropriate arrangement. If you are concerned about costs, our fixed fee divorce service can also help you understand the fees involved from the outset.

Speak to our family team

The right approach to divorce depends on your circumstances, including your finances, whether you have children and how much you and your spouse agree on. Understanding the process is a useful starting point, but legal advice can help you make informed decisions and protect your position as you move forward.

Get in touch to discuss your circumstances or to ask about our fixed-fee divorce service.