No Fault Divorce in the UK: What You Need to Know
Contents
What is no fault divorce?
No fault divorce allows either one or both parties to apply by stating that the marriage has irretrievably broken down. No proof of blame is required and the court will grant the divorce without examining the reasons for the breakdown. Previously, if a couple had not been separated for at least two years, one party had to accuse the other of adultery or unreasonable behaviour, a requirement that often created conflict before any practical matters had been addressed.
Why was the divorce law changed?
The previous law was widely regarded as outdated. Many couples simply drift apart over time, with no single person at fault. The requirement to apportion blame set an adversarial tone from the outset, making it harder to reach cooperative agreements on finances and children. The Owens v Owens case in 2018 brought the limitations of the old law into sharp focus. Mrs Owens was refused a divorce because her husband contested her reasons and the court found she had not sufficiently proved his unreasonable behaviour. The case accelerated the case for reform.
How does the no fault divorce process work?
- Apply online or by post, as a sole applicant or jointly. The court fee is £593.
- The court notifies the respondent. In a joint application, both parties acknowledge from the outset.
- A mandatory 20-week reflection period begins from the date of issue.
- After 20 weeks, apply for the Conditional Order (formerly the Decree Nisi).
- After a further six weeks and one day, apply for the Final Order (formerly the Decree Absolute), which legally ends the marriage.
The earliest a divorce can be completed is 26 weeks from application. In practice, most divorces take between six and twelve months when financial and children matters are also resolved.
[INTERNAL LINK] Related guide: How long does a divorce take in the UK?
What are the main benefits of no fault divorce?
It cannot be contested.
A spouse cannot block a divorce. The only limited exceptions relate to disputes over which country’s courts have jurisdiction. This removes a significant source of delay and distress.
It reduces conflict.
Without the need to make allegations, the process begins more cooperatively. This matters most where children are involved, as a less adversarial start tends to lead to better outcomes for the whole family.
Joint applications are possible.
Couples who agree that their marriage is over can apply together, signalling a cooperative approach from the outset and removing the need for the Acknowledgement of Service step.
It can reduce overall costs.
A less adversarial process generally results in lower legal costs, particularly where both parties are committed to reaching agreement outside of court.
Should I apply for the Final Order as soon as I can?
We strongly advise most clients not to apply for the Final Order until a financial settlement has been agreed and formalised in a Consent Order. Applying too early can affect certain financial rights, including the right to make a claim against a former spouse’s estate and some pension entitlements. Taking time to resolve financial matters properly before the marriage is legally ended protects your long-term position.
[INTERNAL LINK] Related guide: How much does a divorce cost?
How Edwards Family Law can help
No fault divorce has simplified the legal process of ending a marriage in many respects, but the financial and personal aspects of separation remain complex. Our divorce solicitors advise on all aspects of the process, from the initial application through to financial settlements and children arrangements. We have particular expertise in complex divorces involving significant assets, business interests and international elements.
Related services
[INTERNAL LINK] Back to main guide: Divorce Solicitors London
Kelly Edwards
Chambers HNW Ranked
Legal 500 Ranked
Spear’s 500 Listed
18+ years HNW family law
Kelly Edwards founded Edwards Family Law in 2019 after more than a decade at Sears Tooth, where she trained under the renowned Raymond Tooth, and two years as a Director at Vardags. She has worked exclusively with high-net-worth and ultra-high-net-worth clients throughout her career and is recognised by Chambers HNW as ‘iconic, tough, astute, and commercially driven’. Kelly advises on all aspects of complex family law, with particular expertise in financial remedy, trusts, and international matters.
A Boutique Law Firm Specialising In Divorce And Family Law
Initial Consultation
During an initial consultation with our experienced divorce and family solicitors, you can expect a comprehensive discussion about your situation and the divorce process in England and Wales. We will walk you through the divorce application, the relevant laws, and your financial rights and obligations.
Our solicitors will explain no-fault divorce, court proceedings, and the likely costs involved, giving you a clear picture of what to expect. We can also provide guidance on child arrangements, spousal support and property division.
We endeavour to respond to all new enquiries within a few hours. Where that is not possible due to court commitments or other obligations, we will always respond within 24 hours. If you require urgent assistance, please contact the team by email at contact@edwardsfamilylaw.co.uk, flagging the urgency, and we will do whatever we can to assist.
Message us
Initial Consultation Form
Frequently Asked Questions
Can I apply for a no fault divorce on my own?
Yes. You can apply as a sole applicant without your spouse’s involvement. Your spouse will be notified by the court and has the opportunity to respond, but they cannot prevent the divorce from proceeding.
Do both parties have to agree to a no fault divorce?
What are the five facts for divorce and have they been removed?
What is the 20-week waiting period for?
What is the difference between the Conditional Order and the Final Order?
Can I change my mind after applying for a no fault divorce?
Does no fault divorce affect the financial settlement?
Is no fault divorce available for civil partnerships?
What is the difference between no fault divorce and an uncontested divorce?
This page is for general information only and does not constitute legal advice. Please contact us to arrange a consultation if you require advice about your specific situation.