Last reviewed: May 2026
Key facts:- The Divorce, Dissolution and Separation Act 2020 introduced no-fault divorce from 6 April 2022, replacing the old fault-based grounds.
- There is a minimum 20 week reflection period from the date of issuing the application to the conditional order, plus a further 6 week wait before the final order.
- The court fee for issuing a divorce application is 593 pounds, with fee remission available for applicants on low income or means-tested benefits.
UK Family Law Hub › Uk No Fault Divorce Process
The Divorce, Dissolution and Separation Act 2020 introduced no-fault divorce in England and Wales from 6 April 2022. The reform ended the requirement to blame a spouse for the breakdown of the marriage. The process is now streamlined and largely online. This upgraded guide walks through the divorce step by step, the 20 week reflection period, the financial settlement options, and the differences between divorce and dissolution of civil partnership.
Eligibility and Starting the Application
To apply for a divorce in England and Wales, the marriage must have lasted at least one year. The applicant or respondent must have a sufficient connection to England or Wales - either being habitually resident there, or being domiciled there.
The application is made through the online divorce service on gov.uk. The applicant signs in, completes the application form, and pays the court fee of 593 pounds. Sole applications are made by one party; joint applications are made by both parties together.
The applicant must include the marriage certificate, or arrange for it to be obtained from the General Register Office. Where the original certificate is not available, a certified copy can be ordered from gov.uk for around 12 pounds.
The 20 Week Reflection Period
From the date the application is issued, there is a minimum 20 week reflection period before a conditional order can be applied for. This is a mandatory minimum; the period cannot be shortened.
The 20 week period was introduced by the 2020 Act as a counterbalance to the removal of the fault requirement. It is intended to allow time for reflection, reconciliation, or planning for the practical implications of separation.
During the 20 weeks, the parties can address financial matters, parenting arrangements and housing. Mediation and out-of-court settlement are encouraged. Practical decisions made during this period often save legal costs later.
Conditional Order and Final Order
After the 20 week reflection period, the applicant (or applicants for a joint application) applies for the conditional order. The court reviews the application and the response from the other party, and issues the conditional order if the criteria are met.
A further 6 week and 1 day wait applies after the conditional order before the final order can be applied for. This wait gives a final opportunity for objection. In practice, very few divorces are stopped at this stage.
The final order is the document that legally ends the marriage. It is sometimes called the divorce decree. Once the final order is made, both parties are free to remarry. The marriage is treated as ended for all legal purposes.
Financial Settlement
Divorce ends the marriage but does not automatically resolve financial matters. Financial settlement is a separate process, normally addressed alongside the divorce. The Matrimonial Causes Act 1973 sets out the court powers to make financial provision orders.
Most couples settle finances by agreement, often with the help of mediation or solicitor negotiation. The agreement is recorded in a consent order, which is approved by the court and becomes legally binding. The consent order should be made before the final divorce order to avoid losing certain financial protections.
Where agreement is not possible, contested financial proceedings can be issued. The court considers the parties needs, contributions, length of the marriage, ages, and ongoing earning capacity. The Family Court has wide discretion. Contested proceedings can be expensive; alternative dispute resolution is strongly encouraged.
Dissolution of Civil Partnerships
Civil partnerships have a parallel process to divorce. The application is for dissolution rather than divorce. The same 20 week reflection period and 6 week and 1 day wait apply. The conditional order is called the conditional order; the final order is called the final order.
Civil partnerships were originally limited to same-sex couples and were introduced under the Civil Partnership Act 2004. Since 2019 opposite-sex couples have also been able to enter civil partnerships under the Civil Partnership (Opposite-sex Couples) Regulations 2019.
Dissolution applies the same financial settlement framework as divorce. The civil partner has the same rights to financial provision under the Matrimonial Causes Act 1973 (as adapted) as a divorcing spouse.
Practical Tips for a Smooth Divorce
Use the 20 weeks productively. The 20 week reflection period is mandatory. Use it to gather financial documents, agree parenting arrangements, and consider housing. Practical decisions made during this period save legal costs later.
Consider mediation. The Family Mediation Council accredits mediators who help separating couples reach agreements without going to court. Mediation is typically much cheaper than contested proceedings. Mediation Information and Assessment Meetings (MIAMs) are usually required before contested proceedings.
Document financial position. Gather payslips, tax returns, pension statements, bank statements, mortgage statements and investment records. Full disclosure between the parties is required for financial settlement. Hidden assets discovered later can trigger reopening of the settlement.
Update wills and pensions. After divorce, both parties should update their wills and pension nominations. Failure to update can mean the ex-spouse benefits even when this is not intended. Estate planning advice during the divorce process is recommended.
Where to Get Free Independent Help
The Family Mediation Council accredits mediators who help couples reach agreements on divorce process uk without court proceedings. Mediation Information and Assessment Meetings (MIAMs) are usually required before contested proceedings. Some mediation is free for low-income couples through the legal aid scheme.
Citizens Advice provides free initial advice on divorce process uk and can refer to specialist family law solicitors. The Citizens Advice family law guides cover divorce, children matters, financial settlement and domestic abuse.
Resolution is a national organisation of family law professionals committed to a constructive, non-confrontational approach to family disputes. The Resolution website at resolution.org.uk lists members and provides guidance on options.
The Family Court handles divorce, financial settlement and children proceedings. The gov.uk family court pages explain procedures, forms and fees. Help with Fees is available for low-income applicants. Court hearings can be in person, by phone or by video depending on the case.
For families experiencing domestic abuse, Refuge, Womens Aid, the Mens Advice Line and Galop provide free confidential support. The National Domestic Abuse Helpline is available 24 hours. Legal aid remains available for domestic abuse cases regardless of household income in many circumstances.
For child contact and parenting plan support, Cafcass (the Children and Family Court Advisory and Support Service) provides independent advice in family court proceedings. The National Family Mediation network and Family Lives charity offer parent support outside court. The Cafcass website explains the role of the family court welfare service.
Putting It All Together
The rules above set out the legal framework, the practical steps and the support routes available. Where the situation is straightforward, the gov.uk pages and the official tools should be enough to act on. Where the situation is more complex, the free advice services listed in the previous section can usually clarify the position and identify the right next step. Many issues that look intractable at first turn out to be resolvable once the right service is engaged.
Keeping written records of communications and decisions throughout is good practice. Where a decision needs to be challenged later - through an internal complaint, an ombudsman, a tribunal or a court - the quality of the contemporaneous record often decides the outcome. Dates, names, reference numbers and copies of correspondence are the building blocks of any later dispute. The gov.uk advice pages and the relevant ombudsman or tribunal websites all set out the evidence they consider when reviewing decisions, and gathering that evidence from the start is one of the most effective protections available.
Frequently Asked Questions
How long does a divorce take in 2026?
Minimum 26 weeks and 1 day from issue to final order: 20 weeks before the conditional order, plus 6 weeks and 1 day before the final order. Most divorces take 6 to 9 months from start to finish.
Can I divorce online?
Yes. The gov.uk online divorce service is the main route for England and Wales. Sole and joint applications can be made. The applicant signs in with a Gateway account and completes the application electronically.
How much does a divorce cost?
The court fee is 593 pounds. Solicitor fees vary widely. Many uncontested divorces with simple finances can be completed for around 1,000 to 2,000 pounds in legal fees. Contested cases can cost much more.
Do I need to give a reason for the divorce?
No. Since 6 April 2022, no-fault divorce removed the requirement to give a reason or to blame a spouse. The applicant declares that the marriage has irretrievably broken down.
Can my spouse refuse the divorce?
Under the no-fault system, the respondent cannot contest the divorce on the basis that the marriage has not broken down. Limited grounds for objection remain (jurisdiction, validity of the marriage) but they are rare.
What about finances?
Divorce does not automatically resolve finances. A separate consent order or contested financial proceedings are needed. The consent order should normally be made before the final divorce order to protect rights.
Can I get divorced from someone in a different country?
Jurisdiction rules apply. England and Wales can usually deal with a divorce where one or both parties have a sufficient connection (habitual residence or domicile). International cases may need specialist advice on which court has jurisdiction.
What about pre-nuptial agreements?
Pre-nuptial agreements are not automatically binding in English law but they are increasingly given significant weight by the courts. The Supreme Court decision in Radmacher v Granatino confirmed that properly drafted pre-nups can be enforceable.
Does divorce affect immigration status?
It can. Where one spouse has a visa as the dependent of the other, divorce can affect the visa. Specialist immigration advice should be taken before the divorce is finalised.
Does the 20-week reflection period apply to both joint and sole applications?
Yes. Both joint and sole applications are subject to the 20-week minimum from issue to conditional order. The reflection period is mandatory under the 2020 Act.
How We Verified This
Information is taken from the Divorce, Dissolution and Separation Act 2020 on legislation.gov.uk, the Matrimonial Causes Act 1973 on financial provision, the Civil Partnership Act 2004 on civil partnerships, the gov.uk divorce online service guidance, and the Family Procedure Rules on divorce proceedings.
