No-Fault Divorce
Written in plain language for general understanding. This is educational content, not legal advice. Based on UK Acts of Parliament, statutory instruments, and official guidance.
UK National Law
What is this right?
Since April 2022, you can get a divorce in England and Wales without blaming your spouse. The sole ground for divorce is that the marriage has irretrievably broken down, confirmed by a statement to that effect.
The process:
- File the application (sole or joint) — the court fee is £612
- Wait 20 weeks (the "reflection period") from the date of the application
- Apply for the conditional order (formerly decree nisi)
- Wait 6 weeks, then apply for the final order (formerly decree absolute)
The minimum total time from application to final order is about 26 weeks (6 months).
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 should you do?
- Apply online at gov.uk or on paper (Form D8). Pay the £612 court fee (fee remission available if on a low income).
- Use the 20-week reflection period to sort out finances and child arrangements — these are separate from the divorce itself.
- Consider mediation before going to court over finances or children — it's faster, cheaper, and less adversarial. A Mediation Information and Assessment Meeting (MIAM) is usually required before court proceedings.
- Make sure to apply for a financial consent order — even if you've agreed informally, without a court order the agreement is not binding and either party can make future claims.
What should you NOT do?
- Don't rush to agree on finances without understanding what you're entitled to — get legal advice first.
- Don't assume the divorce settles finances automatically — the decree absolute/final order ends the marriage, but financial claims remain open until a consent order or court order is made.
- Don't hide assets — you have a duty of full and frank disclosure. Hiding assets can result in a financial order being set aside.
Northern Ireland Law
Choose your region
How Northern Ireland differs from UK national law
Northern Ireland has not adopted England's no-fault divorce system:
- Divorce is governed by the Matrimonial Causes (Northern Ireland) Order 1978.
- You must prove irretrievable breakdown using one of five facts: adultery, unreasonable behaviour, desertion for 2 years, 2 years' separation with consent, or 5 years' separation without consent.
- The Divorce, Dissolution and Separation Act 2020 (which introduced no-fault divorce) does not apply in NI.
- There are ongoing discussions about reform, but as of 2026, the fault-based system remains.
Additional Steps in Northern Ireland
- Apply through the High Court of Justice in Northern Ireland (Matrimonial Office).
- Contact the Law Society of Northern Ireland (lawsoc-ni.org) for a solicitor referral.
Relevant Law: Matrimonial Causes (Northern Ireland) Order 1978
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