What Is No‑Fault Divorce/Dissolution and How Does It Work in England and Wales?

Introduction: the shift to no‑fault endings

No‑fault divorce and dissolution removed the need to assign blame when ending a marriage or civil partnership. Since the Divorce, Dissolution and Separation Act 2020 came into effect, the legal ground for ending a relationship is simply that it has irretrievably broken down. The reform reduces conflict, speeds up paperwork, and gives couples greater control over timing and tone.

The legal basis: irretrievable breakdown explained

Under the no‑fault system you (or both partners together) state that the relationship has irretrievably broken down. The court treats that statement as conclusive. You no longer have to provide reasons such as adultery, unreasonable behaviour or long separation. This change aims to make proceedings less adversarial and reduce the emotional toll of assigning blame.

Who can use no‑fault divorce or dissolution?

You can apply if you and your partner have been married or in a civil partnership for at least 12 months and at least one of you is habitually resident or domiciled in England or Wales. The rules apply equally to opposite‑sex and same‑sex couples. You may apply alone (sole application) or together (joint application), depending on whether you both agree to the breakup.

How to start: sole and joint applications

For a sole application one partner submits the petition and the court serves the other partner. For a joint application both partners sign and submit a single form. Joint applications often lower tension and simplify administration. Either way, you complete the online government form and upload supporting documents like your marriage or civil partnership certificate.

Key stages: conditional and final orders

The court issues a conditional order once it accepts the application. That order confirms the court sees the relationship as ended in principle. After a statutory waiting period, you can apply for the final order, which legally ends the marriage or civil partnership. Meet the required waiting times and follow the court’s procedural steps to secure finality.

Impact on finances and children

No‑fault status affects only the reason for divorce or dissolution. It does not automatically resolve finances or child arrangements. You must reach agreements on money, property, pensions and child arrangements. Use mediation, solicitor‑negotiation or court applications to settle financial and child issues. If you have complex assets or high net worth, get specialist family law advice early.

Benefits of the no‑fault approach

No‑fault proceedings reduce blame and make peacemaking more practical. Joint applications promote cooperation. Fewer contested allegations speed up the court process and reduce legal costs. The reform encourages settlement outside court by removing adversarial pretext from the starting point.

Practical tips before you apply

– Gather documents: marriage/civil partnership certificate, ID, proof of residence, financial records.

– Decide whether to apply jointly to minimise conflict.

– Consider mediation for finances and children before court involvement.

– Consult a family solicitor if assets, pensions or international matters complicate your case.

Conclusion: a clearer, less confrontational route

No‑fault divorce and dissolution streamlines the legal start to ending a relationship in England and Wales by relying on irretrievable breakdown alone. The process prioritises resolution over recrimination but still requires active work on finances and child welfare. Plan ahead, use mediation where possible, and seek specialist advice from us when complexity or high value assets arise.

Alexander JLO Solicitors are well aware that going through divorce can be very difficult. Whilst the implementation of no-fault divorce back in 2022 has made the legal process much simpler, there are times, especially in relation to financial matters, when input from an experienced solicitor is vital.

With that in mind we have developed a revolutionary new service which will ascertain whether or not it’s wise to have legal advice on finances when going through divorce. Simply called Form Easy it will assess your level and type of assets and determine if you qualify for a free, no-obligation consultation to discuss your case with us and decide on the best ways forward for you. Simply click the Form Easy button, or visit the page here, answer a few short questions and we will let you have our input on whether we can help. 

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 Peter Johnson on 1st December 2025 and is correct at the time of going to press. With over forty years 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.

To follow up on any of the above please contact Guy Wilton of our family department. Guy has wide experience of acting for the firm’s clients, their family and their businesses. Guy’s experience as a lawyer started in the Northern and Welsh Circuits, including the Liverpool Courts, where he represented numerous clients after being called to the Bar, before opting to join Alexander JLO in 2017 and qualifying as a solicitor in 2024. He is a highly experienced family lawyer with a particular interest in financial remedy proceedings and child contact disputes.

Guy’s profile on the independent Review Solicitor website can be viewed here.