Applying for Divorce (No-Fault)
How to apply for a no-fault divorce in England & Wales under the Divorce, Dissolution and Separation Act 2020.
Overview
Since 6 April 2022, England & Wales has operated a no-fault divorce system. You no longer need to prove adultery, unreasonable behaviour, or separation. A simple statement that the marriage has irretrievably broken down is sufficient. The process can be started by one spouse (sole application) or jointly. There is a mandatory 20-week reflection period and a 6-week period before the final order is made.
Who Can Use This Process
- You have been married for at least one year
- Your marriage is legally recognised in England & Wales
- England & Wales is the appropriate jurisdiction (domicile or habitual residence)
Step-by-Step Process
Decide Sole or Joint Application
You can apply alone (sole application) or together with your spouse (joint application). A joint application means you both agree to the divorce, but neither is 'blamed'.
Apply Online
Submit your application at gov.uk/apply-for-divorce. You need your marriage certificate, your spouse's full name and address, and the court fee (currently £593). Fee remission is available for those on low incomes.
Court Issues the Application
The court checks the application and issues it. For sole applications, the court serves it on your spouse, who has 14 days to respond.
20-Week Reflection Period
A mandatory 20-week waiting period begins from the date the application is issued. This is designed to allow time for reflection and to settle practical arrangements (finances, children).
Apply for Conditional Order
After the 20-week period, you (or both of you in a joint application) can apply for the conditional order (formerly decree nisi). This confirms the court is satisfied the marriage has broken down.
Apply for Final Order
You must wait at least 6 weeks after the conditional order before applying for the final order (formerly decree absolute). The final order legally ends the marriage.
Costs
Important Warnings
A divorce only ends the marriage — it does not resolve finances. You should obtain a financial consent order to divide assets, pensions, and debts.
Do not apply for the final order without first resolving finances. Once divorced, you may lose rights (e.g., pension death-in-service benefits, inheritance rights).
Useful Links
Frequently asked questions
- How long does the applying for divorce (no-fault) process take?
- The end-to-end timeline depends on which stage you're at. Common steps run on these timeframes: "Before you start"; "Day 1"; "1–2 weeks"; "20 weeks". Add court / counterparty response time on top — disputed matters can run months longer than the bare minimum.
- How much does it cost?
- Main outlays are: Court fee — £593; Fee remission — Available if on low income (form EX160A); Solicitor (optional) — £500–£2,000+ for straightforward divorce. Court fees often qualify for Help with Fees remission if you're on a low income. Solicitor fees are extra and vary widely — many matters can be done as a litigant in person.
- What are the most common mistakes to avoid?
- Watch out for: A divorce only ends the marriage — it does not resolve finances. You should obtain a financial consent order to divide assets, pensions, and debts.; Do not apply for the final order without first resolving finances. Once divorced, you may lose rights (e.g., pension death-in-service benefits, inheritance rights).. If you're unsure on any of these, get advice from a regulated solicitor or a free service like Citizens Advice before acting.
- Where can I find the official forms and guidance?
- The official sources are: Apply for divorce online; Fee remission. Always use the forms / guidance from the issuing authority's own site — third-party copies can be out of date.
- Can I do this myself without a solicitor?
- Yes — many people complete this kind of matter as a litigant in person. The site walks through each step in plain English. A solicitor is recommended if: large sums are at stake, the other side has legal representation, the matter involves criminal liability, children, immigration, or you're unsure on any procedural deadline. Free advice is available from Citizens Advice, Law Centres, and (for some matters) LawWorks pro bono clinics.