Divorce law in England and Wales changed significantly in April 2022, when "no-fault" divorce was introduced. You no longer have to blame your spouse or prove they did something wrong. This guide explains the modern process, step by step, in plain English.
Can you get divorced?
To apply for a divorce in England and Wales you must:
- have been married for at least one year; and
- have a marriage recognised in England and Wales, with the necessary connection (such as domicile or habitual residence) to use the courts here.
(There is an equivalent process (dissolution) for civil partnerships.)
No-fault divorce: no blame needed
Under the Divorce, Dissolution and Separation Act 2020, the only ground for divorce is that the marriage has irretrievably broken down. You simply make a statement to that effect, you do not have to give reasons or prove fault, and your spouse cannot contest the divorce itself (except on limited legal grounds such as jurisdiction).
You can apply on your own (a sole application) or together with your spouse (a joint application).
The step-by-step process
- Application. Complete the divorce application (online or on paper), confirming the marriage has irretrievably broken down, and pay the court fee. For a sole application, the application is served on your spouse.
- 20-week reflection period. There is a minimum 20-week period from the start of proceedings before you can apply for the next stage. This is a built-in time for reflection and to sort out arrangements.
- Conditional Order. After the 20 weeks, you apply for a Conditional Order (formerly the decree nisi), the court confirms you are entitled to divorce.
- 6 weeks and 1 day. You must then wait a further six weeks and one day before the final stage.
- Final Order. You apply for the Final Order (formerly the decree absolute), which legally ends the marriage.
Start to finish, the process typically takes at least around six to seven months, even where everything is agreed.
Money and children are separate
A crucial point: the divorce itself does not automatically deal with finances or children. Resolving the financial settlement (property, pensions, maintenance) and any arrangements for children are separate processes. It is usually wise to sort out the finances (ideally with a financial order approved by the court) before applying for the Final Order, as divorcing first can affect rights (for example, to a spouse's pension).
Common mistakes to avoid
- Applying for the Final Order before sorting out finances.
- Assuming the divorce deals with children or money, it does not.
- Missing the timing requirements.
- Not taking advice on a financial settlement, which is where most value (and risk) lies.
Key takeaways
- Divorce is now no-fault, you only state the marriage has irretrievably broken down (Divorce, Dissolution and Separation Act 2020), and it generally cannot be contested.
- The process runs: application → 20-week period → Conditional Order → 6 weeks + 1 day → Final Order, taking around six to seven months minimum.
- You must have been married at least a year.
- Finances and children are dealt with separately, sort out the financial settlement before the Final Order.
Sources
- Divorce, Dissolution and Separation Act 2020 (no-fault divorce; irretrievable breakdown; 20-week period; Conditional and Final Orders)
- Matrimonial Causes Act 1973 (financial remedies on divorce)
--- This article is general information about the law of England & Wales as at 2026, not legal advice. For advice on your circumstances, consult a qualified family solicitor.