What Is a No-Fault Divorce and Who Can Use It?

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

Key Points: What You Need to Know About No-Fault Divorce

• What is a no-fault divorce means you can end your marriage without proving your partner did anything wrong, just by stating it’s irretrievably broken down
• The main challenges people face include understanding the 20-week waiting period and knowing it doesn’t automatically sort out finances or child arrangements
• Legal steps involve three stages: application, Conditional Order (after 20 weeks), and Final Order (six weeks later), taking at least six months total
• Professional support helps with court form completion, financial settlements, and child arrangement agreements, which are all handled separately from the divorce itself
• Real examples from Family Law Service show how people save time and reduce conflict when they understand the process upfront
• Common FAQs cover eligibility, costs (£628 court fee), timelines, and whether you need a solicitor

No-fault divorce has transformed how couples in England and Wales end their marriages. Since April 2022, you no longer need to blame your partner or wait years to separate. But what does this actually mean for you, and can you use it?

If you’re considering divorce, you’ve probably got a lot on your mind. Money worries, questions about the children, and the overwhelming thought of where to even start. The good news is that the legal side has become much more straightforward. This guide explains exactly what a no-fault divorce is, who’s eligible, and how Family Law Service can support you through each step.

What Does No-Fault Divorce Actually Mean?

A no-fault divorce lets you end your marriage without proving your partner did something wrong. You don’t need to cite adultery, unreasonable behaviour, or any other specific reason. Instead, you simply state that your marriage has irretrievably broken down.

Before April 2022, divorcing couples had to either blame someone or wait up to five years for a separation-based divorce. This old system often made things more painful and adversarial than they needed to be.

“We regularly see clients who are relieved they don’t have to dig up specific examples of their partner’s behaviour,” says Jess Knauf, Co-Founder, Family Law Service. “It’s about moving forward with dignity, not dragging each other through the past.”

Who Can Use No-Fault Divorce?

You can apply for a no-fault divorce in England and Wales if you meet these basic requirements:

• You’ve been married for at least one year
• Your marriage is legally recognised in the UK
• You or your spouse are permanently living in England or Wales, or have been a resident for at least six months

This applies regardless of where you got married. So if you had a destination wedding in Italy but now live in Leeds, you can still use the English courts.

Same-sex marriages and civil partnerships follow exactly the same rules and process.

The Three Key Stages of a No-Fault Divorce

1. The Application

Either you alone or both of you together can start the divorce. This is called a sole application or a joint application.

The application is mostly done online through the government portal. You’ll pay a court fee of £628 (though you might qualify for help with this if you’re on certain benefits or have a low income).

When you submit your application, you’re confirming that the marriage has irretrievably broken down. That’s it. No detailed explanations needed.

2. The Conditional Order (20 Weeks Later)

After you apply, there’s a mandatory 20-week reflection period. This isn’t about changing your mind (though you can). It’s really designed to give you time to sort out practical matters like money and child arrangements.

After 20 weeks, you apply for something called a Conditional Order. This is the court’s confirmation that it sees no reason to refuse your divorce. It used to be called a Decree Nisi, but the language has been updated to be clearer.

3. The Final Order (Six Weeks Later)

Six weeks after the Conditional Order, you can apply for the Final Order. This is the document that legally ends your marriage. It used to be called the Decree Absolute.

From start to finish, you’re looking at a minimum of six months, but it can take longer if you’re sorting out finances or children’s arrangements at the same time.

What No-Fault Divorce Doesn’t Cover

Here’s something really important that catches people out: a no-fault divorce only ends the marriage. It doesn’t automatically sort out:

• How you split money, property, or pensions
• Child arrangements or maintenance
• Spousal maintenance (if applicable)

These need separate agreements or court orders. Getting proper advice early on can save you a lot of stress later.

We worked with a couple at Mediate UK last year, who rushed through their divorce, thinking everything was done and dusted. Six months later, they were back in court arguing about the house because they’d never formalised their financial split. A consent order at the time would have sorted it.

Can Your Partner Stop the Divorce?

Under no-fault divorce, your spouse can’t simply refuse or block the divorce because they disagree with it. They can only challenge it on very limited grounds, such as:

• The marriage isn’t legally valid
• The court doesn’t have the right to handle the case (jurisdiction issues)
• You haven’t been married for at least a year

This is a significant change. Previously, someone could contest a divorce and drag things out for months or even years. Now, if the legal requirements are met, the divorce will go ahead.

How Family Law Service Can Help

You don’t legally need a solicitor to get a no-fault divorce, but most people benefit from professional support, especially when there are children or assets involved.

At Family Law Service, we offer:

• Court form completion to make sure your court forms (Form A, Form E or Form C100) are completed properly
• Court prep meetings so you know what to expect if you need to attend hearings
• Case reviews to check your options and strategy
• CAFCASS prep meetings if there are child welfare assessments
• Fixed fee one-hour legal advice (£299) to answer your specific questions

We also work closely with family mediators.” – adds Jess – “I remember a client we had recently who managed to agree everything about their finances and children through mediation. They came to us just for help with the consent order, which saved them thousands in legal fees and kept things amicable.”

The Real Benefits of No-Fault Divorce

Less Conflict

When you’re not forced to list all your partner’s failings in a legal document, it’s easier to stay civil. This matters especially if you’re co-parenting.

Faster Process

While there are still mandatory waiting periods, the actual legal process is more streamlined. There’s less back-and-forth and fewer opportunities for arguments.

Lower Costs (Usually)

A straightforward, uncontested no-fault divorce can cost much less than a contested fault-based divorce used to. If you’re both cooperating, you might only pay the court fee plus minimal legal costs.

Better for Children

Research shows that less conflict between parents means better outcomes for children. When divorce isn’t a blame game, it’s easier to focus on what matters: helping your children adjust.

Common Pitfalls to Avoid

Not Dealing with Finances

Your divorce and your financial settlement are two separate things. Don’t assume that once the divorce is finalised, everything’s sorted. Get a consent order or a financial order to protect yourself.

Rushing Important Decisions

That 20-week reflection period exists for a reason. Use it to get proper advice, especially about pensions. We see people who lose out on significant pension rights because they didn’t understand what they were entitled to.

Going It Alone When You Shouldn’t

Some divorces are genuinely simple. But if there’s property, pensions, a business, or complex child arrangements, professional advice isn’t just helpful – it’s essential for protecting your interests.

FAQ: Your No-Fault Divorce Questions Answered

How much does a no-fault divorce cost?

The court fee is £628. If you use a solicitor, costs vary depending on complexity. A straightforward divorce with no disputes might cost £1,000 to £2,000 in total. If there are financial or child issues to resolve, it will be more. Family Law Service offers fixed fee consultations so you know where you stand from the start.

Can I get a no-fault divorce if my partner lives abroad?

Usually yes, as long as you meet the residency requirements for England and Wales. If you’ve lived here for at least six months, or if England/Wales is your permanent home, the courts here have jurisdiction. But if your situation involves international elements, get specific advice as it can get complicated.

What if my partner refuses to engage with the divorce process?

They don’t need to agree or cooperate for the divorce to proceed. If they ignore the paperwork, the process will continue anyway. The court will serve the documents, and after the required waiting periods, you can apply for the Conditional Order and then the Final Order without their active participation.

Do I need to be separated before I can start a no-fault divorce?

No, you don’t need to be physically separated or living apart. Many couples still live in the same house while going through the divorce process, often for financial or practical reasons. You just need to have been married for at least a year.

How long does the whole process take?

The absolute minimum is six months from application to Final Order. However, many divorces take longer, particularly if you’re also sorting out financial settlements or child arrangements. On average, people should expect the process to take between six months and a year.

Can we change our minds once we’ve applied?

Yes, you can stop the divorce at any point before the Final Order is granted. Either party can withdraw the application. If you both want to give the relationship another try, that’s absolutely fine. The 20-week reflection period is partly designed for this reason.