No-fault divorce explained

The introduction of no-fault divorce on 6 April 2022 is the first major change to divorce law in 50 years.

It marks a major shift in how couples approach separation, moving away from the blame-based system that previously required one spouse to accuse the other of wrongdoing to initiate proceedings.

Before this change, couples seeking a divorce in the UK had to demonstrate the irretrievable breakdown of their marriage by relying on one of the following grounds:

• Adultery
• Desertion
• Unreasonable behaviour
• Two years of separation with consent
• Five years of separation without consent

This blame-based system often led to animosity and the need to exaggerate claims to meet the legal requirements for divorce.

What are the key changes in no-fault divorce?

• Under the no-fault system, couples only need to state that their marriage has irretrievably broken down. This avoids the complex and often painful need to prove fault, making the application process much clearer.

• For the first time, couples can apply for divorce together, reflecting a more cooperative approach that helps maintain positive communication.

• The introduction of the 20 week waiting period gives both parties time to think about their decision, without the pressure of needing to prove wrongdoing. This encourages a smoother, more considered approach to separation.

• With a clear set of steps – from filing the application to receiving the final order – the no-fault divorce process is structured to provide clarity and predictability.

• By focusing on mutual agreement rather than blame, the new process aims to minimise the adversarial nature of divorce. This, in turn, helps couples remain more focused on resolving practical matters like finances and child arrangements.

• In the new no-fault divorce system, some of the terminology has been updated to reflect a more neutral and simplified process.

  • Application for divorce replaces petition for divorce
  • Applicant replaces petitioner – for joint applications, where two applicants are involved, the applicants are known as ‘applicant 1’ and ‘applicant 2’
  • Conditional order replaces decree nisi – the conditional order is the confirmation that you are entitled to a divorce
  • Final order replaces decree absolute – which concludes the divorce process

What are the steps in no-fault divorce?

• Either spouse (or both jointly) can apply for divorce using an online or paper form.

A court fee (currently £593) is paid upon submission.

There is no requirement to prove fault (like adultery or unreasonable behaviour). The only reason needed is that the marriage has irretrievably broken down.

• If only one spouse has applied, the other spouse (the respondent) must acknowledge receipt of the application within 14 days, confirming that they have received the divorce papers.

• After the application is filed, there is a mandatory 20 week waiting period (also called the ‘cooling-off’ or ‘reflection’ period) before the applicant can apply for a conditional order.

This allows both parties time to reflect on the decision and consider reconciliation or alternative arrangements.

• After the 20 week period, the applicant can apply for the conditional order, which is the court’s acknowledgement that the marriage has broken down irretrievably.

Both parties must confirm they still wish to proceed with the divorce.

• Following the granting of the conditional order, there is a further six-week waiting period before applying for the final order.

• After the six-week period, either party can apply for the final order, which officially ends the marriage. Once granted, the divorce is legally finalised.

Online no-fault divorce

To support the introduction of no-fault divorce the HMCTS portal has been revamped to accommodate the new forms and procedures.

Now divorcing couples can now complete the process online, without any paper documentation.

How we can support you through your divorce

At Thomas Mansfield, our experienced divorce solicitors are here to guide you through the new no-fault divorce process, ensuring that your financial and personal interests are protected every step of the way.