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By Jess 6th February 2026 in Divorce Process

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Updated 6th February 2026 | Fact Checked By Jess Knauf, Co-Founder, Family Law Service

Quick Summary:

• The old 5 legal grounds for divorce (adultery, unreasonable behaviour, desertion, 2 years separation, 5 years separation) were abolished in April 2022
• No-fault divorce replaced the fault-based system, removing the need to blame your spouse
• You now only need to state that the marriage has irretrievably broken down
• The new system reduces conflict and speeds up the divorce process
• You can apply jointly or as an individual, with a minimum 20-week reflection period
• Understanding the old system helps explain why the reform was needed

What Were the 5 Legal Grounds for Divorce?

Before April 2022, if you wanted to divorce in the UK, you had to prove one of five grounds to show your marriage had irretrievably broken down.

The system was often painful, particularly for couples trying to separate amicably. I remember working with clients at Mediate UK who’d reached a mature, mutual decision to divorce, but were forced to dig up fault just to meet legal requirements.

Here’s what the old grounds looked like:

1. Adultery

You could petition for divorce if your spouse had sexual intercourse with someone of the opposite sex (same-sex affairs didn’t technically count as adultery). You had to file within six months of discovering the affair, and you couldn’t use adultery if you’d lived together for more than six months after finding out.

The catch? Many people felt humiliated having to publicly detail their spouse’s infidelity in court documents.

2. Unreasonable Behaviour

This was the most commonly used ground. You had to prove your spouse behaved in a way that made it unreasonable to expect you to continue living with them.

Examples included:

• Financial irresponsibility
• Lack of emotional support
• Excessive socialising or drinking
• Verbal abuse or intimidation

The problem? Even amicable separations required one person to list complaints about the other, often damaging co-parenting relationships.

We saw countless clients distressed by having to write negative statements about someone they still cared about,” says Jess Knauf, Co-Founder, Family Law Service. “It forced conflict into situations where there didn’t need to be any.”

3. Desertion

If your spouse abandoned you for at least two continuous years without your agreement and without good reason, you could use desertion as grounds.

This was rarely used because proving continuous desertion was complicated, especially if there’d been any contact or financial support.

4. Two Years Separation (With Consent)

You could divorce after living apart for two years if both parties agreed. This was the fastest “no-blame” option, but it still required your spouse’s cooperation.

5. Five Years Separation (Without Consent)

After five years of separation, you could divorce without your spouse’s consent. This protected people trapped in marriages where their partner refused to engage, but the five-year wait was often devastating.

Why Did the Law Change?

The fault-based system had serious problems:

• It created unnecessary conflict between separating couples
• It damaged children’s wellbeing by forcing parents into adversarial positions
• It trapped people in unhappy marriages if they couldn’t prove fault or wait years
• It was often dishonest – couples invented or exaggerated fault to speed things up

The landmark case of Owens v Owens [2018] UKSC 41 highlighted these issues. Tini Owens wanted to divorce her husband, but the Supreme Court ruled her unreasonable behaviour petition wasn’t strong enough. She was forced to remain married until the five-year separation period passed.

The public outcry following this case accelerated reform.

How Does No-Fault Divorce Work Now?

Since 6 April 2022, the Divorce, Dissolution and Separation Act 2020 introduced no-fault divorce across England and Wales.

Now, you simply need to state that your marriage has irretrievably broken down. That’s it. No blame. No detailed explanations. No fault.

Key features of the new system:

• Single ground for divorce: Irretrievable breakdown of the marriage
• No requirement to prove fault or assign blame
• Joint or individual applications: You can apply together or alone
• 20-week reflection period: From application to conditional order (previously decree nisi)
• 6-week waiting period: From conditional order to final order (previously decree absolute)
• No contesting: Your spouse can’t contest the divorce itself (though they can dispute financial or child arrangements)

“The new system has transformed how we support clients,” says Jess. “People can separate with dignity, which makes mediation and co-parenting arrangements far more achievable.”

What This Means for You Practically

If you’re considering divorce now, here’s what you need to know:

The Application Process

You’ll complete Form D8 online (or on paper if needed). The form asks you to confirm:

• Your marriage has irretrievably broken down
• You’ve been married for at least 12 months
• The marriage is legally recognised in England and Wales

You can apply jointly with your spouse or individually. Joint applications often feel more collaborative and can be cheaper.

The Timeline

• Week 0: Submit your application (£628 fee, or apply for fee exemption)
• Week 20: Apply for conditional order (this is the minimum waiting period)
• Week 26+: Apply for final order (6 weeks after conditional order)

In total, you’re looking at around six months minimum from start to finish.

What Happens During the 20-Week Reflection Period?

This period is designed to give you time to:

• Attend mediation to work out financial and child arrangements
• Seek legal advice about your rights
• Make practical arrangements for separation
• Reconsider if you wish (though most don’t)

Can You Still Use the Old Grounds?

No. If your divorce petition was submitted before 6 April 2022, it proceeded under the old rules. But any new applications must use the no-fault system.

If you started proceedings under the old grounds but haven’t yet received your decree absolute (now called final order), you can continue under those rules or switch to the new system.

Financial and Child Arrangements Still Need Resolution

Important: While divorce itself is now simpler, you still need to resolve:

• Financial settlements (division of property, pensions, savings)
• Child arrangements (where children live, how much time they spend with each parent)
• Child maintenance (financial support for children)

These issues are separate from the divorce itself. Many couples use family mediation to work through these matters, which tends to be faster and less expensive than court.

At Family Law Service, we offer:

• Fixed-fee 1-hour legal advice sessions to understand your options
• Court form completion (C100 for child arrangements, Form E for financial disclosure)
• Court preparation meetings to feel confident before hearings
• CAFCASS preparation meetings if children’s welfare reports are involved
• Case reviews to strategise your approach

How Long Does the Whole Process Take?

If you’re dealing with an amicable divorce and you’ve agreed on finances and children, you could be divorced within six months.

However, if you need to negotiate a financial settlement or resolve disputes about children, this can take longer. Court proceedings for finances typically add 9-12 months, though mediation can speed things up considerably.

One client told us: “Getting the divorce itself was straightforward, but sorting out the house and pensions took another year. I wish I’d started mediation earlier.”

Common Questions About Divorce Grounds in the UK

Do I still need to prove adultery or unreasonable behaviour?

No. The legal grounds for divorce no longer include fault-based reasons. You simply state that the marriage has irretrievably broken down.

Can my spouse stop the divorce?

Not under the new system. Your spouse can acknowledge the application or dispute procedural issues (like jurisdiction), but they can’t contest the divorce itself.

What if I want to divorce but my spouse doesn’t?

You can apply individually. Your spouse will be notified and can respond, but they can’t prevent the divorce from proceeding if you meet the basic requirements.

How much does a no-fault divorce cost?

The court fee is £628. If you’re on a low income or benefits, you may qualify for Help with Fees. Legal costs vary, but you can apply for divorce without a solicitor if your case is straightforward.

Can we apply jointly even if we don’t live together?

Yes. You don’t need to be living together to apply jointly. Joint applications simply show you both agree the marriage has broken down.

What’s the difference between conditional order and final order?

A conditional order (previously decree nisi) is the first formal step showing the court agrees you can divorce. A final order (previously decree absolute) is the legal end of your marriage. You must wait at least 6 weeks between the two.

Should You Use Mediation?

If you’re separating, mediation can help you work through financial and child arrangements without court.

Mediation is often:

• Faster than court proceedings
• Cheaper than solicitor negotiations
• Less stressful for you and your children
• More flexible in finding creative solutions

You’ll usually need to attend a Mediation Information and Assessment Meeting (MIAM) before applying to court anyway, so it’s worth considering early.