Divorce basics in England and Wales: the no-fault process step by step

Since 6 April 2022, divorce in England and Wales has been "no fault". Nobody has to blame the other person, and the process is mostly handled online. This guide walks through how it works. It covers divorce, but ending a civil partnership (dissolution) follows a very similar process. It is general information, not advice on your situation.

The law in brief

The Divorce, Dissolution and Separation Act 2020 (opens in a new tab) changed the old rules. Before 2022, the person applying usually had to rely on one of five "facts", such as adultery, behaviour or a period of separation. Now the only ground is that the marriage has broken down irretrievably, and the court must accept a statement saying so as conclusive evidence. A spouse can no longer defend a divorce simply because they disagree that the marriage is over.

Can you apply?

According to GOV.UK's divorce guidance (opens in a new tab), you can apply if:

• you have been married for over a year
• your relationship has permanently broken down
• your marriage is legally recognised in the UK, including same-sex marriages
• you have a permanent home in England or Wales, or the court otherwise has jurisdiction

If you have been married for less than a year, you cannot yet divorce, but you may be able to apply for a judicial separation or, in limited cases, an annulment.

Sole or joint application

You can apply on your own (a sole application) or together with your spouse (a joint application). A joint application can feel less confrontational, but either applicant in a joint application can later choose to continue on their own. In a sole application, the court sends the application to your spouse, who is called the respondent, and they are asked to complete an acknowledgement of service.

The fee

There is a court fee to apply. The fee changes from time to time, so check the current amount on GOV.UK before you apply. If you are on a low income or certain benefits, you may be able to get help with court fees (opens in a new tab).

The stages of a divorce

1. The application

You complete the application, usually online, and provide your original marriage certificate or a certified copy. If the certificate is not in English, you will need a certified translation. Once the court issues the application, the process formally begins.

2. The 20-week reflection period

You must wait at least 20 weeks from the date the court issues the application before you can apply for a conditional order. The law includes this waiting time so that couples have time to reflect and, where they can, agree arrangements about money, property and children.

3. The conditional order

After the 20 weeks, you can apply for a conditional order. This used to be called a "decree nisi". It is a document confirming that the court sees no reason why you cannot divorce.

4. The 6-week wait

You must then wait at least 6 weeks and 1 day after the conditional order before you can apply for the final order.

5. The final order

The final order, previously called a "decree absolute", legally ends the marriage. Keep it safe, because you may need it if you remarry or deal with property later. A divorce therefore takes at least about six months from the date the application is issued, and often longer.

Can a divorce be challenged?

Under the no-fault system, a spouse can only dispute the divorce on limited grounds. These are mainly about whether the court has jurisdiction, whether the marriage is legally valid, or whether the marriage has already legally ended. Disagreeing that the relationship has broken down is not a ground to dispute it.

Money and property are separate

A common misunderstanding is that the divorce itself sorts out finances. It does not. The divorce ends the marriage, but financial arrangements need to be dealt with separately. GOV.UK has a guide to dividing money and property when a relationship ends (opens in a new tab).

If you and your spouse agree how to divide money, property and pensions, you can ask the court to make the agreement legally binding by applying for a "consent order". Without a court order, financial claims between former spouses can remain open, even years later. If you cannot agree, either of you can apply to the court for a financial order.

It is often sensible to get the financial arrangements settled, or at least get advice, before applying for the final order. Once the marriage ends, you may lose rights that depend on being married, such as certain pension and inheritance rights.

Arrangements for children

The divorce process does not decide where children will live or how much time they spend with each parent. Many parents agree arrangements between themselves, sometimes with the help of a mediator. If you cannot agree, you can apply to court for a child arrangements order under the Children Act 1989. GOV.UK has guidance on making child arrangements if you divorce or separate (opens in a new tab).

Mediation and MIAMs

Before applying to court for most financial orders or child arrangements orders, you are usually expected to attend a Mediation Information and Assessment Meeting (MIAM) with an accredited mediator. There are exemptions, including in many cases involving domestic abuse. The Family Mediation Council (opens in a new tab) has a directory of accredited mediators, and the government has at times offered vouchers towards the cost of mediation in cases involving children; check GOV.UK for the current position.

Domestic abuse

If you are experiencing domestic abuse, your safety comes first. You can apply to the court for protection, such as a non-molestation order, and legal aid may be available for family cases if you have evidence of domestic abuse and meet the financial test. You can check whether you can get legal aid (opens in a new tab) on GOV.UK. In an emergency, always call 999.

Your will after divorce

Divorce does not cancel a will, but it changes how it works. Under section 18A of the Wills Act 1837 (opens in a new tab), once the final order is made, your former spouse is treated as if they had died on that date for most purposes in your will, unless the will says otherwise. That can leave gaps in your plans, so it is wise to review your will. Our guide to making a will explains more.

Checklist

• Make sure you have your marriage certificate, or order a copy.
• Decide whether to make a sole or joint application.
• Note the 20-week and 6-week minimum waits.
• Deal with money, property and pensions separately, ideally before the final order.
• Review your will and any life insurance or pension nominations.

Where to get help

Citizens Advice and some law centres can help with family issues, and the Law Society's Find a Solicitor (opens in a new tab) lets you search for family solicitors. See our free legal help page for other options. To find a solicitor, search the Law Society's Find a Solicitor (opens in a new tab) and check any firm on the SRA register (opens in a new tab). Our free legal help page lists free options.

Sources

1. Divorce, Dissolution and Separation Act 2020 (opens in a new tab) (legislation.gov.uk)
2. GOV.UK's divorce guidance (opens in a new tab) (gov.uk)
3. help with court fees (opens in a new tab) (gov.uk)
4. dividing money and property when a relationship ends (opens in a new tab) (gov.uk)
5. making child arrangements if you divorce or separate (opens in a new tab) (gov.uk)
6. Family Mediation Council (opens in a new tab) (familymediationcouncil.org.uk)
7. check whether you can get legal aid (opens in a new tab) (gov.uk)
8. section 18A of the Wills Act 1837 (opens in a new tab) (legislation.gov.uk)
9. Law Society's Find a Solicitor (opens in a new tab) (solicitors.lawsociety.org.uk)
10. SRA register (opens in a new tab) (sra.org.uk)

Sources checked for the update dated 15 October 2026. Spotted an error? Tell us and read how we handle corrections.