No‑fault divorce explained — what changed and what it means for couples

No‑fault divorce changed how couples end marriages in England and Wales. The reform removed the need to assign blame and introduced a clearer timetable. This guide explains the legal changes the practical impact on couples and the steps to take if you are considering separation. It uses current law and practical examples to help you plan and act.

What is no‑fault divorce and why it mattered

No‑fault divorce means the court no longer requires allegations such as adultery unreasonable behaviour or two years separation with consent to prove marriage breakdown. Lawmakers introduced the Divorce, Dissolution and Separation Act 2020 to reduce conflict simplify procedure and protect children from damaging accusations. The new law aims to make the process less adversarial and to encourage cooperative solutions.

Key legal changes introduced by the reform

– Single ground for divorce: the only ground is irretrievable breakdown of the marriage supported by a statement of irretrievability.

– Joint applications: couples can submit a joint application, signalling mutual agreement to separate.

– Mandatory reflection period: courts now impose a minimum 20‑week period after issue before you can apply for a Conditional Order followed by a six week wait before a Final Order.

– Removal of facts: applicants no longer need to set out facts such as behaviour or adultery that could provoke dispute or emotional harm.

These changes came into force in April 2022 and now govern divorces in England and Wales.

How the new process works — step by step

1. Prepare and apply

Gather your marriage certificate proof of identity and details of children and financial assets. You can apply online using the government portal. Choose a sole application or a joint application. Complete the application and pay the fee or apply for fee remission.

2. Court issues the application and the reflection period begins

When the court issues the application a 20‑week reflection period starts. You cannot apply for the Conditional Order during this time. Use the reflection period to seek legal advice consider mediation and gather documents for financial or child arrangements.

3. Apply for the Conditional Order

After 20 weeks you can apply for the Conditional Order. The Conditional Order confirms the court sees no legal reason to stop the divorce. It does not end the marriage. The court reviews the application and issues the Conditional Order if paperwork is correct.

4. Wait at least six weeks then apply for the Final Order

You must wait at least six weeks and one day after the Conditional Order before applying for the Final Order. The Final Order legally ends the marriage when the court grants it.

Typical timescales and realistic expectations

A straightforward no‑fault divorce takes a minimum of about 26 weeks from issue to Final Order. That timeframe includes the 20‑week reflection period and the six week wait after the Conditional Order. Many divorces take longer when parties dispute finances child arrangements or when paperwork and responses delay progress. If you and your spouse cooperate and resolve ancillary matters privately you can usually stay close to the minimum timetable.

Joint applications and their benefits

Joint applications allow both parties to file together and avoid issuing blame. Benefits include:

– Clear mutual intent to divorce which can reduce hostility,

– Simpler administration as the court deals with one application,

– Better prospects for settling finances and child issues amicably.

Joint applications do not automatically resolve financial or child matters. You still need to reach separate agreements or court orders to finalise finances or parenting arrangements.

Impact on children and parental responsibility

The court prioritises children’s welfare in all decisions. No‑fault divorce aims to shield children from hostile allegations and to reduce litigation. You must still make arrangements for where children will live and how you will share time and parental responsibility. The court expects parents to try mediation and to provide full information if you need a Child Arrangements Order. In private law disputes the court usually requires a MIAM mediation assessment before you issue proceedings.

How no‑fault divorce affects financial settlements

Divorce ends the marriage but does not automatically deal with finances. You must negotiate a financial settlement to divide property pensions savings and debts. Options include:

– Private agreement with a solicitor drafting a consent order,

– Mediation or collaborative law,

– Court application for a financial remedies order if parties cannot agree.

The court uses an established approach to decide claims: identify relevant assets and needs consider fairness and implement orders accordingly. Do not dispose of assets or transfer funds without agreement. The court can reverse transactions and impose costs or penalties for unreasonable conduct.

When to use solicitors mediation or other dispute resolution

Choose mediation or collaborative law when you both want to cooperate and keep costs down. Use solicitors if the case involves complex assets overseas or if the other party will not cooperate. Consider arbitration or private dispute resolution as an alternative to litigation for resolving financial matters. Early legal advice from us helps you understand your entitlements and avoid costly mistakes.

Urgent protection and domestic abuse

The removal of blame does not affect protections for people at risk. If you or your children face immediate danger contact the police local domestic abuse services or a solicitor. The family court can grant non‑molestation orders and occupation orders quickly to protect victims. Legal aid remains available in some domestic abuse and child protection cases.

International matters and jurisdictional issues

If one spouse lives abroad or you hold assets overseas you must consider jurisdiction and international rules early. The court applies statutory jurisdiction tests and relevant conventions such as Brussels II bis where appropriate. Cross‑border child cases may involve the 1980 Hague Convention on child abduction. Seek specialist international family law advice to protect your position.

Common pitfalls and how to avoid them

– Ignoring the reflection period: use the 20 weeks productively to gather documents and seek help.

– Hiding or transferring assets: keep full records and disclose assets honestly.

– Neglecting child arrangements: prioritise clear parenting plans and mediation.

– Waiting too long to get advice: early legal or financial advice reduces costly errors.

Practical checklist for couples considering no‑fault divorce

– Gather marriage certificate ID and proof of address,

– Collate financial documents: bank statements mortgage and pension details payslips and tax records,

– Prepare a list of assets liabilities and any overseas holdings,

– Collect documents about children: birth certificates school details and current arrangements,

– Book a MIAM if you anticipate a private law children application,

– Consider mediation or collaborative law before issuing court proceedings,

– Seek legal advice on pensions property and tax implications.

Frequently asked questions

Q: Can I contest a no‑fault divorce?

A: You can challenge jurisdiction or certain procedural defects but you cannot stop a divorce simply by saying you do not agree with the decision to separate.

Q: Does no‑fault divorce speed up the process?

A: The new law reduces conflict and avoids fault‑based disputes but it does not shorten the statutory minimum timetable. The 20‑week reflection period plus the six week wait still apply.

Q: Will joint applications affect future financial claims?

A: A joint application does not prevent either party from pursuing financial claims. Financial settlements require separate agreement or court orders.

Q: Is mediation mandatory?

A: Mediation is not mandatory for all divorce cases but the court usually requires a MIAM before private law children proceedings. Many advisers recommend mediation for finances too.

Conclusion

No‑fault divorce modernised the legal route to end a marriage in England and Wales. The reform removes blame encourages joint applications and sets a clear timetable that includes a 20‑week reflection period and a further six week wait before a Final Order. The new process promotes cooperation and aims to protect children from damaging allegations. Couples should still plan for financial settlements and child arrangements and seek early legal or mediation help to reach fair outcomes.

At Alexander JLO we have many years of experience of dealing with all aspects of family law and will be happy to discuss your case in a free no obligation consultation. Why not call us on +44 (0)20 7537 7000, email us at info@london-law.co.uk or get in touch via the contact us button and see what we can do for you?

This blog was prepared by Alexander JLO’s senior partner, Peter Johnson on 26th November 2025 and is correct at the time of publication. With decades of experience in almost all areas of law Peter is happy to assist with any legal issue that you have. He is widely regarded as one of London’s leading divorce lawyers. His profile on the independent Review Solicitor website can be found Here