No Fault Divorce: What You Need to Know in 2026

No fault divorce has now been in force in England and Wales for several years, having been introduced on 6 April 2022 under the Divorce, Dissolution and Separation Act 2020. The reforms transformed the way couples legally end their marriages, removing the requirement to assign blame and creating a more straightforward process for divorce.

Today, spouses can apply for a divorce by simply confirming that the marriage has irretrievably broken down. There is no longer any need to rely on allegations of adultery, unreasonable behaviour, desertion, or lengthy periods of separation before starting proceedings.

What is no fault divorce?

No fault divorce allows one or both spouses to apply for a divorce without attributing blame for the breakdown of the marriage.

Rather than proving specific facts, applicants simply provide a statement confirming that the relationship has irretrievably broken down. The court accepts this statement as conclusive evidence that the marriage has come to an end.

The current system is designed to encourage a more constructive approach to separation, particularly where couples need to continue communicating about children, finances, or ongoing family arrangements.

How does no fault divorce work?

The divorce process remains a legal procedure that must be approved by the court, but it is now significantly more straightforward than under the previous system.

Applications can be made by one spouse acting alone, known as a sole application, or by both spouses together through a joint application.

Once the application has been submitted, there is a mandatory 20-week reflection period before the parties can apply for a Conditional Order. This stage confirms that the court sees no legal reason why the divorce should not proceed. This is also an opportunity for the couple to agree on practical arrangements for their separate futures and even decide on changing their mind as to whether to divorce. 

Following the Conditional Order, there is a further waiting period of six weeks and one day before an application can be made for the Final Order, which legally ends the marriage.In an individual application, the Applicant will apply. The Respondent can also apply, if the Applicant has not, 3 months later. 

Before applying for the Final Order couples should consider taking legal advice on sorting out their finances on divorce. If the couple wants a financial settlement to be binding, they must prepare a Financial Consent Order and present it to the court for approval. 

Because of the 20-week cooling off period, a no fault divorce will take a minimum of 6 months. Sorting out the finances through the courts often takes much longer, sometimes, 12–18 months.

Can a no fault divorce be contested?

One of the most significant changes introduced by the reforms is the removal of the ability to contest a divorce simply because one spouse disagrees with the decision to end the marriage.

Under the previous law, there were circumstances in which a spouse could defend divorce proceedings, potentially leading to lengthy and expensive litigation.

Today, challenges are only possible in very limited situations, such as:

• Questions regarding the validity of the marriage
• Jurisdiction disputes
• Fraud or procedural irregularities

For most couples, this means that if one spouse decides the marriage has irretrievably broken down, the divorce itself cannot be prevented.

How long does a no fault divorce take?

Although no fault divorce simplified the legal process, there is still a minimum timeframe that must be followed.

Once an application has been issued, there is a mandatory 20-week period before the parties can apply for a Conditional Order. This stage confirms that the court sees no legal reason why the divorce should not proceed.

Following the Conditional Order, there is a further waiting period of six weeks and one day before the Final Order can be obtained.

In practice, the minimum timeframe for a divorce is approximately six months. However, where financial matters or arrangements for children remain unresolved, the overall process may take longer.

Does no fault divorce affect financial settlements?

No. The divorce itself only brings the marriage to a legal end and does not automatically resolve financial matters between spouses.

Issues relating to…

• The family home
• Savings and investments
• Business interests
• Pensions
• Spousal maintenance
• Debts and liabilities

… must still be dealt with separately as part of the financial provision on divorce process.

Many people mistakenly believe that obtaining a Final Order ends all financial ties between spouses. Resolving financial matters properly usually requires full financial disclosure from both parties.

For this reason, obtaining specialist legal advice remains important, even where the divorce itself is straightforward, particularly where questions arise about divorce finances.

What about arrangements for children?

No fault divorce has not changed the law relating to children.

Parents are still encouraged to agree practical arrangements regarding:

• Where children will live
• The time they spend with each parent
• Schooling and education
• Holidays
• Medical decisions
• Financial support

However, one of the key objectives of the reforms was to remove unnecessary blame from the divorce process, helping parents focus on the future rather than revisiting the reasons why the relationship ended.

Speak to a family law solicitor

Every family situation is unique. While the divorce process itself is now more straightforward, questions surrounding finances, property, pensions, businesses, and arrangements for children can still be complex.

Obtaining legal advice at an early stage can help you understand your options, and ensure that any agreements reached are legally sound.

To discuss your situation in confidence, please contact one of our family law specialists at GoodLaw Solicitors LLP. 

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