No-Fault Divorce Guide UK 2026 — Process, Costs & 26-Week Timeline
Since April 2022, couples in England and Wales can divorce without proving fault. The Divorce, Dissolution and Separation Act 2020 removed the need to allege adultery, unreasonable behaviour, or separation. Either or both spouses can now apply, simply stating the marriage has irretrievably broken down. This guide explains the entire new process, costs, and timeline.
No-fault divorce since April 2022: no need to allege fault or wait 2/5 years. Court fee: £593. Minimum timeline: 26 weeks. Do not apply for Final Order until financial matters are resolved — once the Final Order is made, the remarriage trap applies to any outstanding financial claims. Apply online at gov.uk/apply-for-divorce.
The No-Fault Divorce Process — Step by Step
- File the application — complete online at gov.uk/apply-for-divorce. Pay the £593 court fee. State that the marriage has irretrievably broken down (no reason required).
- Service — for sole applications, the court serves the application on your spouse (or you can effect service yourself). Your spouse has 14 days to respond. For joint applications, no service is needed.
- 20-week reflection period — a mandatory waiting period of at least 20 weeks runs from the date of application before you can apply for the Conditional Order. This cannot be shortened.
- Apply for Conditional Order — after 20 weeks. Both parties confirm they wish to proceed. The court pronounces the Conditional Order (formerly Decree Nisi).
- 6-week waiting period — at least 6 weeks must pass after the Conditional Order before applying for the Final Order.
- Apply for Final Order — (formerly Decree Absolute). The divorce is complete. Parties are free to remarry. Important: do not apply for the Final Order until financial matters are resolved.
DIY Divorce — Is It Suitable?
For straightforward divorces where finances are agreed (or minimal) and there are no contested children issues, the DIY online process at gov.uk is accessible and cheap. The online portal guides you through each step. However, a solicitor adds value when: finances are complex (property, pensions, business interests); there are disputes about assets; children arrangements are contested; or one party is in another country. Many family solicitors offer unbundled services (helping with specific stages only) which can be cost-effective.
The 20-Week Reflection Period — What It Is For
The 20-week period between application and Conditional Order application is a mandatory reflection period. It gives couples time to reconsider or reach agreement. It also acts as a minimum timeline that prevents very fast divorces being obtained in haste. The period runs from the date of the application, not from the date of service. You cannot speed it up by starting the process earlier — the 20 weeks must elapse regardless of how quickly the court processes the application.
Sole vs Joint Applications
Since no-fault divorce removed the need to attribute blame, couples now have the option to apply jointly rather than one spouse applying alone (a "sole" application) — a genuinely new option introduced alongside the wider reform. A joint application can feel more collaborative and less adversarial from the outset, which some couples find sets a better tone for the rest of the process, particularly around finances and any children arrangements still to be worked out. However, a joint application can be switched to a sole application if one party stops engaging or responding at any stage, so choosing "joint" doesn't lock either party in if circumstances change or one spouse becomes uncooperative partway through. There's no legal advantage to one approach over the other in terms of outcome — the choice is really about what feels right for your specific situation and relationship with your spouse.
What the Reform Actually Changed (and What It Didn't)
The Divorce, Dissolution and Separation Act 2020 removed the need to prove fault (adultery, unreasonable behaviour, desertion) or wait through a period of separation before applying — replacing this with a simple statement that the marriage has broken down irretrievably, which the court cannot investigate or contest. What the reform didn't change is everything else that typically runs alongside a divorce: financial settlements, arrangements for children, and pension sharing are all still separate processes, decided either by agreement between the parties or, if necessary, by the court under entirely different rules. A no-fault divorce can technically be finalised while financial matters remain completely unresolved, which is precisely why so much divorce guidance (including elsewhere on this site) stresses getting a financial Consent Order in place, rather than treating the Final Order itself as the end of the process.
Frequently Asked Questions
No. Under the new law, one spouse cannot veto a divorce. The grounds for contesting a divorce are very limited: the marriage was not valid; the court does not have jurisdiction; the marriage has already been legally ended; or fraud. Your spouse can delay by not responding to service, but the court can proceed by deemed service or dispensing with service. A spouse who simply does not want the divorce cannot prevent it.
Yes — this is strongly recommended by almost all family law practitioners. Once the Final Order is made, you are divorced and any subsequent remarriage extinguishes your right to certain financial orders (the remarriage trap). Applying for and getting a financial consent order before or simultaneously with the Final Order protects both parties. Do not let your ex push through the Final Order quickly if finances are not yet resolved.
The court fee for the divorce application itself is a fixed amount (currently £593), payable when you submit the application, plus a smaller fee when applying for the Final Order. This is the minimum cost for an undefended, uncontested divorce handled without solicitors — using a solicitor for the divorce process itself, or needing to resolve disputed finances or children arrangements, adds significantly to the total cost, since those are separate, often more expensive, processes running alongside the straightforward divorce application.
If your spouse doesn't respond to being served with the divorce application within the expected timeframe, you can apply to the court for permission to proceed without their formal acknowledgment, known as "deemed service" or, in some circumstances, applying to dispense with service entirely if you can show they're genuinely avoiding it. The court has various mechanisms to prevent one spouse simply refusing to engage from blocking the divorce indefinitely, since under no-fault divorce the other party cannot contest the decision to divorce itself, only procedural matters like whether they were properly served.