The new no-fault divorce: how it really works, how long it takes, and what's changed

If you’re thinking about divorce, it’s natural to feel uncertain about where to begin. The law changed significantly in April 2022, and while the headlines were hard to miss, the practical detail of how the process actually works can be harder to find.

The new rules are genuinely simpler than what came before. There’s no longer any requirement to apportion blame, and your spouse can’t block the divorce simply because they disagree with it. But the process still has set stages, mandatory waiting periods, and decisions that can affect your finances and family for years to come.

In this article, we cover:

What is a no-fault divorce?
When did no-fault divorce start in the UK?
What’s actually changed compared to the old law?
How does a no-fault divorce work, step by step?
How long does the process take?
How much does it cost?
The pros of no-fault divorce
The problems and criticisms of no-fault divorce
Common misconceptions about no-fault divorce
When you should speak to a solicitor

Our family law team offers a free 20-minute initial consultation if you’d like to talk through your situation before taking any steps. Contact your nearest SMR Solicitors office in Bognor Regis, Chichester, East Wittering, or Selsey.

What is a no-fault divorce?

A no-fault divorce is one in which neither spouse is required to blame the other for the breakdown of the marriage. Under the current law, you simply state that the marriage has irretrievably broken down. You don’t need to provide evidence of wrongdoing, and your spouse can’t challenge your decision on those grounds.

The term “no-fault” distinguishes the current system from the previous one, which required a party to assign blame or to have been separated for two or five years before they could proceed.

When did no-fault divorce start in the UK?

No-fault divorce came into force in England and Wales on 6 April 2022, when the Divorce, Dissolution and Separation Act 2020 (DDSA) took effect. The legislation had been debated for many years and was broadly welcomed by family law practitioners. The same rules apply to the dissolution of civil partnerships.

What’s actually changed compared to the old divorce law?

Under the Matrimonial Causes Act 1973, to obtain a divorce in under five years, one spouse had to cite one of five “facts” to prove irretrievable breakdown:

Adultery
Unreasonable behaviour
Desertion
Two years’ separation with the other spouse’s consent
Five years’ separation without consent

Citing fault could inflame an already difficult situation. The system was widely criticised for forcing conflict at the moment when cooperation mattered most, particularly where children were involved.

Here’s how the key features compare between the old and new regimes:

Legislation. The old law was governed by the Matrimonial Causes Act 1973. The new law is governed by the Divorce, Dissolution and Separation Act 2020.
Grounds for divorce. Previously, couples had to prove one of five fault-based or separation facts. Now, there is a single ground: that the marriage has irretrievably broken down.
Blame. Under the old law, blame was required in most cases. Under the new law, it isn’t required at all.
Contesting the divorce. A spouse could previously challenge the divorce. Under the new law, this is effectively no longer possible.
Who can apply. Previously, only one spouse could apply. Now, a sole or joint application is possible.
Key milestones. The old terms decree nisi and decree absolute have been replaced by the conditional order and the final order.
Minimum timeline. The old law had no fixed reflection period. The new law requires a minimum of 20 weeks, plus six weeks and one day after the conditional order.

How does a no-fault divorce work?

The process follows five defined stages.

Step 1: File the application. Either one of you files a sole application, or you both file a joint application together. You can apply online through the government’s portal or by post, and the court fee is payable at this point.

Step 2: The 20-week reflection period. Once the court issues the application, a mandatory 20-week reflection period begins. This is built into the law to allow both parties time to consider their options. It’s also the right time to begin working on financial arrangements and, where relevant, child arrangements.

Step 3: Apply for the conditional order. After 20 weeks, the applicant (or both parties in a joint application) can apply for a conditional order. This replaces what was previously called a decree nisi. The court reviews the application and, if satisfied, pronounces the order, confirming that it sees no legal reason why the divorce can’t proceed.

Step 4: Wait six weeks and one day. A further statutory wait follows the conditional order before you can apply for the final order.

Step 5: Apply for the final order. The final order (formerly known as a decree absolute) legally ends the marriage. Once the court grants it, you’re divorced.

The divorce process doesn’t resolve finances or child arrangements. Those require separate legal processes, and we recommend beginning them as early as possible.

How long does a no-fault divorce take?

The minimum no-fault divorce timeline is approximately 26 weeks from the date the court issues the application. That covers the 20-week reflection period and the six-week-and-one-day wait after the conditional order.

In practice, most divorces take longer. Court processing times, the pace of financial negotiations, and the level of agreement between parties all affect the overall duration. A realistic timeframe is often six to 12 months, with complex cases taking longer.

One important consideration: you should generally avoid applying for the final order until a financial settlement has been agreed and recorded in a Consent Order. Finalising the divorce beforehand can limit your ability to make certain financial claims later.

How much does a no-fault divorce cost?

The government court fee for a divorce application is currently £593, whether the application is sole or joint. You may qualify for a fee reduction if you’re on a low income; the government’s fee exemption guidance sets out the criteria.

Solicitor fees are additional and vary depending on the complexity of your case and whether financial or child-related matters need to be resolved alongside the divorce. At SMR Solicitors, we provide a realistic cost estimate from the outset and offer a free 20-minute initial consultation so you can understand your options before committing to anything.

The pros of no-fault divorce

The 2022 reforms brought several genuine improvements for people going through divorce:

Conflict is reduced. Neither party needs to accuse the other of wrongdoing, which helps keep communication open, especially where children are involved.
Joint applications are available. Couples who agree to separate can apply together, reducing tension and potentially lowering costs.
Divorces can’t be blocked. A spouse can no longer substantially delay proceedings by contesting the breakdown.
The process is clearer. The two-stage structure gives both parties a defined framework.
Time is built in. The 20-week reflection period gives separating couples space to begin arranging finances and family matters before the divorce concludes.

The problems and criticisms of no-fault divorce

No reform is without its critics. The concerns most often raised include:

One-sided applications. A sole applicant can proceed without the other spouse’s agreement. While this prevents obstruction, it can feel distressing for the non-applicant.
Finances remain unresolved. The divorce process doesn’t address money or property. Couples who obtain a final order without a financial settlement in place can find themselves in a difficult position later.
Perceived ease. Some argue that removing fault lowers the threshold too far and that the simplified process doesn’t fully reflect the long-term weight of the decision.
Emotional complexity remains. A simpler legal process doesn’t make divorce easier to navigate personally. Many people benefit from professional support throughout.

Common misconceptions about no-fault divorce

“It means a quicker divorce.” The 20-week reflection period is mandatory and can’t be shortened. The minimum timeline is approximately six months, and most divorces take longer in practice.

“I don’t need a solicitor.” The application itself is more straightforward than before, but financial settlements and child arrangements often aren’t. Mistakes here can have lasting consequences, and legal advice at key stages is generally worthwhile.

“A joint application means we agree on everything.” It means both parties agree to apply for divorce together. It doesn’t resolve financial or child-related matters.

“Divorce automatically sorts out our finances.” It doesn’t. Without a Consent Order approved by the court, your ex-spouse could still make financial claims against you after the final order is granted.

When should you speak to a solicitor?

You don’t need a solicitor to apply for a divorce under the new law. But there are several stages at which legal advice can genuinely protect your interests:

Before you apply, to understand the financial and practical implications and to decide whether a sole or joint application is more appropriate.
During the 20-week period, to begin working on a financial settlement and, where relevant, child arrangements.
Before applying for the final order, to confirm a financial settlement is in place or to understand the risks of proceeding without one.
If your situation is complex, including cases involving high-value assets, business interests, pensions, or disputes about children.

Our family law team, including Sara-Jayne Fildes, Ruth Harding, and Charlotte Attwood, works closely with clients across West Sussex to make the process as smooth and stress-free as possible.

Frequently asked questions

When did no-fault divorce come into force in the UK?

No-fault divorce came into force in England and Wales on 6 April 2022 under the Divorce, Dissolution and Separation Act 2020. The same rules apply to the dissolution of civil partnerships.

Can my spouse stop a no-fault divorce?

No. Under the new law, a spouse can’t contest a divorce on the basis that the marriage hasn’t irretrievably broken down. The only grounds for opposing an application are very limited procedural issues, such as whether the court has jurisdiction or whether the marriage was legally valid.

How long is the minimum no-fault divorce timeline?

The minimum is approximately 26 weeks from the date the court issues the application. This covers the mandatory 20-week reflection period and the six-week-and-one-day wait between the conditional order and the final order.

Do I still get a decree nisi and decree absolute?

No. Those terms were replaced when the Divorce, Dissolution and Separation Act 2020 came into force. The decree nisi is now called a conditional order; the decree absolute is now called a final order. They serve the same purpose under updated terminology.

Can we apply for divorce jointly?

Yes. Joint applications were introduced by the 2022 reforms. Both spouses apply together without either being designated as the “applicant” or “respondent”. This is often a less adversarial option for couples who agree to separate.

Does a no-fault divorce sort out finances?

No. The divorce only ends the marriage legally. Financial matters, including the family home, pensions, savings, and maintenance, must be resolved through a separate process. We recommend recording any agreement in a Consent Order approved by the court. Without one, your ex-spouse could make financial claims against you in the future.

How much does a no-fault divorce cost?

The current government court fee is £593. Solicitor fees are additional and depend on the complexity of your case. We offer a free 20-minute initial consultation so you can understand your likely costs before deciding how to proceed.

Speak to our divorce solicitors in West Sussex

Whether you’re at the very start of thinking about divorce or ready to take the next step, our family law team is here to help. We take the time to understand your situation and give you clear, practical advice at every stage.

To discuss your requirements and find out how we can help, please get in touch with one of our solicitors at SMR Solicitors: