No-Fault Divorce
No-fault divorce, introduced in April 2022 under the Divorce, Dissolution and Separation Act 2020, allows a couple to divorce without assigning blame. One or both parties simply state that the marriage has irretrievably broken down—no need to prove adultery, unreasonable behaviour, or separation. This reform removed the old fault-based grounds and made divorce less confrontational. It applies equally to marriages and civil partnerships in England and Wales. The intention is to reduce conflict and simplify the process.
Frequently Asked Questions
A sole or joint application is submitted online stating that the marriage has irretrievably broken down. After the court issues the application, a mandatory 20-week “reflection period” begins. The applicant(s) can then apply for a Conditional Order. Six weeks later, they may apply for the Final Order to legally end the marriage. The respondent cannot contest the divorce except on narrow legal grounds like jurisdiction or validity, making the process largely uncontested.
The minimum time for a no-fault divorce is about six months. This includes a 20-week waiting period between the application and the Conditional Order, and another six weeks between the Conditional Order and Final Order. If both parties cooperate and there are no delays, the entire process takes around 26 weeks. Financial settlements or child arrangements, if needed, are handled separately and may extend beyond the divorce timeline.
No-fault divorce reduces conflict by eliminating the need to assign blame. It simplifies the legal process, removes the ability to contest divorce unreasonably, and allows joint applications. This encourages cooperation, particularly in matters involving children or finances. The online application system and updated terminology make the process more accessible and user-friendly. It also protects individuals from being trapped in a marriage due to a partner’s refusal to agree to divorce.
Thinking about divorce can be overwhelming, but you don’t have to face it alone. At AAGA Solicitors, we offer clear, compassionate legal guidance every step of the way. Start your no-fault divorce journey with confidence—speak to our family law experts today. Your clarity begins with a conversation.
