Given that it is still a relatively new concept in the UK, we appreciate that many people still have plenty of questions surrounding no fault divorce.
Whether it’s simply a case of wondering “what is a no fault divorce?” or more specific issues like “how long does a no-fault divorce take?”, there are plenty of aspects of the process that are important to clarify.
We discuss exactly what no fault divorce is and how long the process takes in the following article, as well as how our specialist team can support you.
What is No Fault Divorce?
A no fault divorce allows a married couple to legally end their marriage without either party having to blame the other for the breakdown of the relationship. Instead of having to provide a ‘fact’ to prove the irretrievable breakdown of a relationship, such as adultery or unreasonable behaviour, the law now recognises that marriages can simply come to an end.
The core principle of no fault divorce is that the marriage has irretrievably broken down, and this statement is accepted by the court without the need for evidence or argument. This approach is designed to reduce conflict, minimise emotional distress, and help couples move forward in a more constructive way, particularly where children are involved.
When Did No Fault Divorce Start in the UK?
No fault divorce was introduced through the Divorce, Dissolution and Separation Act 2020, which represented the most significant reform to divorce law in England and Wales in decades.
Although the Act was passed in 2020, the changes officially came into force on 6 April 2022. From this date onwards, couples have been able to apply for divorce without assigning blame, whether they apply individually or jointly.
How No Fault Divorce Changed UK Law
Prior to April 2022, separating couples had to rely on one of five ‘facts’ to prove the irretrievable breakdown of the marriage—such as adultery, unreasonable behaviour, desertion, or periods of separation. This often led to unnecessary conflict and could delay the process significantly in many cases.
The introduction of no fault divorce brought about several important changes to UK law, including:
- Removal of the five facts, meaning no allegations or evidence of fault are required
- A simple statement confirming the irretrievable breakdown of the marriage, which cannot be challenged
- New divorce terminology
- Decree nisi replaced by a conditional order, and decree absolute replaced by a final order
- Divorce petition replaced by divorce application
- Petitioner replaced by applicant
- The option to make a joint divorce application encouraging cooperation between spouses
- A minimum 26-week timeframe, accounting for mandatory reflection periods between stages of the process
How Long Does a No Fault Divorce Take?
A no fault divorce takes a minimum of 26 weeks from start to finish, provided there are no delays.
This includes:
- A 20-week reflection period from the date the application is issued
- A further 6 weeks between the conditional order and the final order
In practice, the process can take slightly longer due to court processing times or if one party delays taking the necessary steps. However, the no fault divorce system provides a clear and predictable framework, allowing couples to plan ahead with greater certainty.
The No Fault Divorce Process: Step by Step
The no fault divorce process follows a clear structure and be initiated online:
- Divorce application
One or both spouses submit a divorce application to the court, confirming the irretrievable breakdown of the marriage. - Acknowledgement of service
If it is a sole application, the other spouse must acknowledge receipt of the application. - 20-week reflection period
This mandatory period allows time for reflection and for arrangements relating to finances and children to be considered. - Application for conditional order
After 20 weeks, one or both parties can apply for the conditional order. - Conditional order granted
The court confirms that the legal requirements for divorce have been met. - Application for final order
After a further 6 weeks, an application can be made for the final order. - Final order
Once granted, the final order legally ends the marriage.
Sole Application vs Joint Application
The differences between sole and joint applications are relatively straightforward.
A sole application is made by one spouse, with the other spouse responding to the application. This may be appropriate where communication is limited or where one party is unwilling to engage.
A joint application is made by both spouses together, reflecting a mutual decision to divorce. This approach can be more amicable and often helps reduce conflict, particularly where children or ongoing financial discussions are involved.
Both routes follow the same legal timeline, but joint applications tend to encourage cooperation throughout the process.
Can Your Spouse Contest a No Fault Divorce?
Under the no fault divorce system, a spouse cannot contest a divorce application. Once an application is made, the court will accept that the marriage has irretrievably broken down, except in very limited circumstances, such as when there are technical or jurisdictional issues surrounding the divorce.
The no fault divorce process does not prevent the potential for disputes over related matters such as:
- Financial settlements
- Property division
- Child arrangements
These issues are dealt with separately and may still require negotiation, mediation, or court involvement.
How Much Does a No Fault Divorce Cost?
The current court fee for a divorce application is £612.
In addition to the court fee, you will need to consider the cost of receiving legal support. Information regarding our no fault solicitors’ fees can be found here.
Do You Need a Solicitor for No Fault Divorce?
It is technically possible to complete a no fault divorce in the UK without a solicitor, particularly where the situation is straightforward and there are no disputes.
However, legal advice is strongly recommended where:
- There are significant assets or pensions
- A financial settlement needs to be agreed
- Children are involved
- One party feels disadvantaged or unsure of their rights
A solicitor can ensure the process is handled correctly, file paperwork accurately and in a timely fashion and help protect your long-term financial position.
Benefits of No Fault Divorce
The no fault divorce process in the UK offers several clear advantages over the previous system, including:
- Reduced conflict and emotional strain
- No requirement to make personal allegations
- Greater privacy
- The option for joint applications
- A more structured process
By removing blame from the legal process, couples are also able to better focus on practical arrangements and future planning.
Financial Settlements and No Fault Divorce
It is important to understand that completing a no fault divorce application does not automatically sever financial ties between spouses.
To achieve financial certainty, couples must:
- Reach an agreement and formalise it in a financial consent order, or
- Ask the court to decide financial matters if agreement cannot be reached
Without a financial order, claims can remain open indefinitely, even after the divorce is finalised.
No Fault Divorce with Children
As with finances, arrangements for children are dealt with separately from the divorce itself. The no fault divorce process does not determine where children live or how much time they spend with each parent.
Parents are encouraged to agree child arrangements amicably wherever possible, keeping the children’s best interests at the centre of any decision. Where agreement cannot be reached, legal advice or court intervention may be required.
Get in Touch with our No Fault Divorce Solicitors
For advice about no fault divorce or any other type of civil partnership dissolution or separation matter, you can contact us by calling 0330 013 0381 or through your local Crisp & Co office.