No-Fault Divorce in the United Kingdom
Reviewed by the Commoner Law Editorial Team. Sourced from UK Acts of Parliament, statutory instruments, and official guidance. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
What is this right?
For decades, English divorce required someone to be the bad guy — adultery, unreasonable behaviour, desertion, or years of separation. Couples who simply wanted to part fabricated allegations to fit the statute, and the system pretended not to notice. The Divorce, Dissolution and Separation Act 2020 ended that pantomime. Since 6 April 2022, the sole ground for divorce in England and Wales is that the marriage has irretrievably broken down, confirmed by a statement from the applicant or applicants. No fault, no allegations, no contest.
The process moves in four steps:
- File the application (sole or joint) — the court fee is £612.
- Wait the 20-week reflection period from the date the court issues the application.
- Apply for the conditional order (the old decree nisi, renamed).
- Wait 6 weeks, then apply for the final order (the old decree absolute, also renamed).
The minimum total is about 26 weeks — six months — and that's the floor, not the ceiling. Money and children are dealt with separately, and most people use the reflection period to sort them out.
When does it apply?
- You or your spouse must have been domiciled in England or Wales, or habitually resident for at least one year.
- The marriage must have lasted at least one year.
- Either spouse can apply alone (sole application) or together (joint application).
- A joint application means neither party is the "petitioner" — this can reduce conflict.
- Your spouse cannot contest the divorce under the new law — the statement of irretrievable breakdown is conclusive.
- Scotland has its own divorce law (Divorce (Scotland) Act 1976, as amended) — the rules differ.
What to Do If You Want a Divorce in the UK
The divorce itself is the easy part. The money and the kids are where the real work happens.
- Apply online at gov.uk or on paper (Form D8). Pay the £612 court fee — or apply for fee remission if you're on a low income.
- Use the 20-week reflection period to sort out finances and child arrangements. These are separate legal matters from the divorce, and ignoring them creates problems that can drag on for years.
- Consider mediation before going to court over money or children — faster, cheaper, less adversarial. A Mediation Information and Assessment Meeting (MIAM) is usually required before any court application anyway.
- Always apply for a financial consent order. An informal agreement isn't binding — without a court order, claims remain open potentially forever.
What should you NOT do?
- Don't rush to agree on finances before you understand what you're entitled to. Even a one-off solicitor consultation pays for itself in clarity.
- Don't assume the divorce settles the money. The final order ends the marriage. It doesn't end financial claims — your ex can come back in five or ten years if no consent order was made.
- Don't hide assets. The duty of full and frank disclosure is strict, and orders obtained by dishonesty get set aside under Sharland and Gohil — sometimes a decade after the divorce.
Use the jurisdiction bar at the top of the page to pick your region — you'll see how devolved laws differ from UK national protections.
2 regions available
Common Questions
When does no-fault divorce apply?
You or your spouse must have been domiciled in England or Wales, or habitually resident for at least one year.The marriage must have lasted at least one year.Either spouse can apply alone (sole application) or together (joint application).A joint application means neither party is the "petitioner" — this can reduce conflict.Your spouse cannot contest the divorce under the new law — the statement of irretrievable breakdown is conclusive.Scotland has its own divorce law (Divorce (Scotland) Act 1976, as amended) — the rules differ.
What should I do if I want to get divorced in the UK?
The divorce itself is the easy part. The money and the kids are where the real work happens.Apply online at gov.uk or on paper (Form D8). Pay the £612 court fee — or apply for fee remission if you're on a low income.Use the 20-week reflection period to sort out finances and child arrangements. These are separate legal matters from the divorce, and ignoring them creates problems that can drag on for years.Consider mediation before going to court over money or children — faster, cheaper, less adversarial. A Mediation Information and Assessment Meeting (MIAM) is usually required before any court...
What mistakes should I avoid with no-fault divorce?
Don't rush to agree on finances before you understand what you're entitled to. Even a one-off solicitor consultation pays for itself in clarity.Don't assume the divorce settles the money. The final order ends the marriage. It doesn't end financial claims — your ex can come back in five or ten years if no consent order was made.Don't hide assets. The duty of full and frank disclosure is strict, and orders obtained by dishonesty get set aside under Sharland and Gohil — sometimes a decade after the divorce.
No-Fault Divorce in other regions
Same topic, different jurisdiction. Pick the one that applies to you.