No Fault Divorce Application in England and Wales: Step by Step
Updated: 16 hours ago
A no fault divorce application lets you end your marriage without blaming your spouse. In 2022, the UK introduced the no-fault divorce, which made ending a marriage much simpler. The change came through the Divorce, Dissolution and Separation Act 2020. It applies in England and Wales. Couples can now apply without assigning fault, which keeps the process calmer and less painful. This guide sets out the steps and the usual timeline.
Who can make a no fault divorce application?
You can apply if your marriage has broken down for good. The law calls this an irretrievable breakdown. You do not need to prove adultery or unreasonable behaviour. You only need to state that the marriage has broken down.
You will also need your marriage certificate and your spouse's full name and address. If you cannot find the certificate, a certified copy will do. You can read the official overview on GOV.UK.
Steps in a no fault divorce application
1. Initial application
The process begins when one or both spouses file the application. The applicant only has to state that the marriage has irretrievably broken down. They do not need to give a reason. The application can be sole or joint, and you can send it online or by post.
A sole application is made by one spouse. A joint application is made by both of you together. Many couples choose a joint application because it shows that the decision is shared.
2. Acknowledgement of service
After you apply, the court sends a copy to the other spouse. That person is called the respondent. The respondent must confirm that they received the papers by returning an acknowledgement of service form. This is normally due within 14 days.
3. The cooling-off period
The law sets a minimum wait of 20 weeks from the date of the application. After that, you can take the next step. The wait gives couples time to think. Some use it to reconcile. Others use it to sort out money and children.
4. Conditional order
The conditional order was formerly known as the decree nisi. Once the 20 weeks are over, the applicant can ask for it. It is the first stage of the legal divorce. The court reviews the application. If it is satisfied that the marriage has irretrievably broken down, it issues the order. This is a formal statement that the court sees no reason why the divorce cannot go ahead.
5. Final order
The final order was formerly known as the decree absolute. You can apply for it six weeks and one day after the conditional order. Once granted, it legally ends the marriage. Both of you are then free to remarry if you wish.
Timeline for a no fault divorce
Initial application: starts the process.
Acknowledgement of service: within 14 days of receiving the application.
Cooling-off period: 20 weeks at minimum from the date of the application.
Conditional order application: can be made after the cooling-off period.
Final order application: six weeks and one day after the conditional order.
In total, the process takes at least 26 to 30 weeks. That is about six to seven months. It depends on how quickly each step is done. It can take longer if there are delays with paperwork. It can also take longer if you negotiate over money or arrangements for children.
Court fees and help with costs
The court charges a fee when you make a no fault divorce application. If you are on a low income, you may be able to get help with court fees. GOV.UK explains who qualifies. Check the current fee on the official site before you apply, because it can change.
Money and children are dealt with separately
A divorce ends the marriage. It does not decide who keeps the home or how savings and pensions are shared. A financial order does that. Arrangements for children are also handled separately and may need more time and discussion.
Many couples agree these points between themselves first. A written agreement can then be turned into a court order. Our guide to consent order applications explains how. If you have children, read about child arrangements orders too.
Why the change helps
The introduction of no fault divorce has streamlined the process and reduced conflict between separating couples. By removing the need to assign blame, the process is now more straightforward and less adversarial. Couples no longer have to dig up past events to prove a reason for the breakdown.
Do you need legal advice?
You can make the application yourself. Still, legal advice can help you avoid mistakes and protect your rights, especially when property, pensions or children are involved. If you are considering a no fault divorce application, a solicitor can guide you through each step and help you plan the financial side.
If you are in Newcastle or elsewhere in England and Wales, see our page for family solicitors in Newcastle upon Tyne.
