A No-fault divorce lets you end a marriage without blaming your spouse. You simply confirm the marriage has broken down irretrievably. There is a 20-week reflection period, then a conditional order, then a final order six weeks later.
If you are thinking about divorce, the law may work differently from how you expect, particularly if your impression of it comes from friends or family who divorced years ago. The rules changed significantly in 2022, and the change was designed to make separation less combative. Here is what you actually need to know.
The old system: blame
Until April 2022, one spouse had to prove the marriage had broken down by citing a specific reason, adultery or unreasonable behaviour, or by living apart for two to five years. In practice, this meant assigning blame at the very moment couples most needed to cooperate, which often made things more painful and more expensive.
The new system: no fault
The Divorce, Dissolution and Separation Act 2020 replaced all of that. Now you only need to make one statement: that the marriage has broken down irretrievably. You do not need your spouse’s agreement, and importantly, they cannot contest it. The aim is to remove conflict from the legal process so couples can focus on what matters, finances and children.
What no-fault divorce does not do
This is the point most people miss. A divorce ends your marriage, nothing more. It does not divide your money, and it does not decide where your children live. Those are dealt with separately. Sorting your finances properly matters enormously, and we explain why in our guide to financial settlements on divorce. If you are not sure divorce is the right step at all, our comparison of divorce and legal separation may help.
Talk it through with Prism Family Law
A free 30-minute consultation is often enough to understand your options. Call 0191 269 6871 or email legal@prismfamilylaw.co.uk.
Alternatively, take a look at our Divorce, separation and civil partnerships service to learn more.
This is a general guide, not legal advice for your specific circumstances.
FAQs
Can my spouse refuse or contest a no-fault divorce?
No. Under the no-fault system, your spouse cannot contest the divorce. You only need to state that the marriage has broken down irretrievably, and their agreement is not required for the process to proceed.
How long does a no-fault divorce take?
There is a minimum timeframe built in. After the application, a 20-week reflection period must pass before you can apply for the conditional order, then a further six weeks before the final order can be granted. In practice it usually takes longer than that once paperwork and finances are factored in.
Can we apply for a divorce together?
Yes. The 2022 changes allow couples to make a joint application if you both agree the marriage is over, or one spouse can apply on their own. A joint approach can feel less combative, which was part of the aim behind the reform.
Does the no-fault divorce sort out my finances?
No. A divorce ends the marriage and nothing more. It does not divide your money or decide arrangements for your children, which are dealt with separately. Sorting your finances properly is important, and it is worth getting advice before your final order is granted.
Do I still need a solicitor for a no-fault divorce?
The divorce process itself is designed to be more straightforward, but the linked financial and children matters are where advice really counts. A solicitor helps make sure the divorce and your financial settlement are handled in the right order so you are properly protected.