No-Fault Divorce Explained: How the Process Works
Since April 2022, the law on divorce in England & Wales changed significantly. It is no longer necessary to blame one partner for the breakdown of the marriage. This is commonly known as "no-fault divorce". Here is a general overview of how the process works.
No need to assign blame
Under the previous law, unless a couple had been separated for a long period, one person had to give a reason such as unreasonable behaviour or adultery. The current law removed that requirement. Instead, the person or couple applying simply confirms that the marriage has broken down irretrievably. No evidence of fault is required, and the divorce cannot be contested simply because one person disagrees.
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Applying together or alone
One important change is that couples can now make a joint application if they both wish to divorce, or one person can apply on their own. This reflects the more constructive, less confrontational aim of the new law.
The main stages
The process generally follows these stages:
- The application is made, either jointly or by one person.
- A 20-week reflection period must pass before the next step — a built-in period intended to allow time to reflect and make practical arrangements.
- The applicant(s) confirm they wish to proceed, and a conditional order is made.
- After a further six-week period, a final order can be applied for, which legally ends the marriage.
Finances and children are separate
It is worth knowing that the divorce itself does not resolve financial matters or arrangements for children — these are dealt with separately. Every situation is different, and how these matters are approached depends on your individual circumstances.
Read more on our no-fault divorce page.
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This article provides general information about the law in England & Wales and is not legal advice. Every situation is different, and how the law applies depends on your individual circumstances. For advice tailored to you, please speak to a solicitor.
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This article was drafted with the assistance of AI and subsequently reviewed and fact-checked by Jennifer Miles, Director & Family Solicitor at Aletta Shaw Solicitors (SRA No. 583090), on 4 August 2026.