How To Apply For a No-Fault Divorce in 2026
February 6th 2026
If you are considering applying for a no-fault divorce in 2026, this guide will explain precisely how the process works, what it costs, whether you need a solicitor, and where the common pitfalls lie.
At Divorce-Online, we have helped over 10,000 couples finalise a no-fault divorce since the law changed in April 2022, allowing a divorce without assigning blame, such as unreasonable behaviour or adultery.
That first-hand experience of handling thousands of applications gives us a clear picture of what works, what causes delays, and where people leave themselves exposed. We have written this guide to share that knowledge directly.
What Is a No Fault Divorce?
A no-fault divorce in England and Wales allows couples to end their marriage without assigning blame.
The Divorce, Dissolution and Separation Act 2020 came into force on 6 April 2022, replacing the old system that required one spouse to accuse the other of adultery, unreasonable behaviour, or desertion, or to have lived apart for a minimum of two years.
Getting a no-fault divorce is straightforward, and the grounds are simpler than under the old law. There is now only one ground for divorce in England and Wales: that the marriage has irretrievably broken down.
The no-fault divorce legislation removed the old “facts” of adultery, unreasonable behaviour, desertion and separation entirely. You no longer give a reason, provide evidence, or prove fault. A statement of irretrievable breakdown is all the court requires, and it is treated as conclusive.
Key Things to Know About No-Fault Divorce
- Sole or joint application: You can apply for a no-fault divorce on your own or make a joint application with your spouse. Both routes follow the same legal process.
- No contesting: The respondent cannot contest or block the divorce. Once the statement of irretrievable breakdown is filed, the court is obliged to proceed.
- Minimum timeframe: There is a mandatory minimum period of 26 weeks from the date of application to the finalisation of the divorce. This reflection period is built into the law to allow time for practical arrangements to be made.
- Apply online: You can start your divorce application online through Divorce-Online, with applications typically filed within 24 hours of instructing us. Alternatively, you can apply directly through the Gov.uk divorce service without legal help.
How Can I Get a No-Fault Divorce?
No-fault divorce applications follow a structured five-stage process with mandatory waiting periods built in:
- The applicant (or both parties jointly) submits a divorce application online through the GOV.UK portal, along with the court fee of £612 and a statement of irretrievable breakdown.
- The court then serves the application on the respondent, who has 14 days to file an acknowledgement of service.
- A mandatory 20-week reflection period follows, during which neither party can progress the application. This period cannot be shortened under any circumstances.
- After 20 weeks, the applicant applies for a Conditional Order.
- Once the Conditional Order is granted, there is a further wait of six weeks and one day before either party can apply for the Final Order, which formally ends the marriage.
The entire divorce process takes a minimum of 26 weeks from start to finish and cannot be shortened. However, the current average time (as of March 2026) from application to final order is 40 weeks, reflecting court capacity pressures and the volume of applications being processed.
Sole vs. Joint Divorce Applications
No fault divorce introduced the option for couples to apply jointly for the first time. In January to March 2025, 73% of divorce applications were from sole applicants and 27% from joint applicants.
A sole application means one party initiates the process. A joint application means both parties apply together. The legal outcome is the same in both cases.
Joint applications can help establish a cooperative approach from the outset, which is particularly beneficial when there are children or financial matters to resolve.
However, a joint application is not always practical, and a sole application does not prevent an amicable divorce.
Can I get a no-fault divorce myself via GOV.UK?
A solicitor is not required to apply for a no-fault divorce. Divorce applications can be made online without a solicitor through the GOV.UK portal, and the court fee is £612.
For straightforward cases with no financial assets to divide and no children’s arrangements to formalise, many people manage the divorce process entirely on their own.
Where your circumstances are more complex, particularly around property, finances, or parenting arrangements, legal advice is strongly recommended to ensure your interests are properly protected.
According to Ministry of Justice statistics, nearly 80% of divorce applications in 2024 were filed online, with a growing proportion submitted without legal representation.
The no-fault divorce system has made it considerably easier for individuals and couples to manage the process themselves, and for many couples with straightforward circumstances, instructing a solicitor is simply not necessary.
For those who wish to proceed without a solicitor but would benefit from professional guidance, an online divorce service offers a practical middle ground.
Divorce-Online can assist with your no-fault divorce application, with fees starting from £179, handling the paperwork and guiding you through each stage of the divorce process.
What happens to assets in a no-fault divorce?
Nothing happens to your assets automatically in a no-fault divorce. The divorce ends the marriage, but it does not divide money, property or pensions, and the two processes are entirely separate. This is the single biggest misunderstanding among separating couples, and getting it wrong can be costly.
A financial settlement is needed to divide assets upon divorce. Property, savings, pensions and debts are split through a financial agreement, not the divorce process itself.
A consent order makes a financial settlement legally binding. Once you agree on the financial split, a court-approved financial consent order makes it legally enforceable. Without one, you remain exposed.
Future financial claims have no time limit. The Matrimonial Causes Act 1973 places no time limit on financial claims between former spouses, so an ex can make a claim years after the Final Order unless a consent order is in place.
Unlike a divorce, which couples can often handle themselves, a financial settlement should not be handled by the couple alone, because it requires court approval to become binding. Properly resolving finances at the time of divorce is the only way to achieve a clean break.
What are the problems with no-fault divorce?
Many separating couples are caught out by believing that, by going through the divorce process, financial settlements are automatically sorted out, which is unfortunately not true.
No-fault divorce has attracted criticism for making it easier to end a marriage without the other spouse’s consent. One spouse can file unilaterally, meaning the other party cannot contest or prevent the divorce from proceeding.
Critics of no-fault divorce argue that this weakens the legal protection of marriage. Financial settlements are handled separately, so unresolved disputes over assets or children can still make the process lengthy and costly, even without contested fault.
The pro’s and cons of no fault divorce:
Pros
- Simplified Process – Couples no longer have to engage in legal battles to prove fault, making the entire divorce process smoother and less contentious.
- Reduced Conflict – The elimination of blame removes the need for one party to accuse the other of misconduct, which often leads to heightened emotions and animosity.
- Time and Cost Savings – The simplified process reduces the need for lengthy legal battles, which can be expensive and time-consuming.
- More Focus on Reconciliation – The new law includes a minimum waiting period of 20 weeks between the application and the ability to apply for a Conditional Order. This extended period allows couples to reflect on their decision and explore the possibility of reconciliation before finalising the divorce.
Cons
- Longer Waiting Period – The new law includes a minimum waiting period of 20 weeks between the application and the ability to apply for a Conditional Order. This extended waiting period may be frustrating for couples who want to finalise a quick divorce.
- Lack of Accountability – With no requirement to assign blame, some individuals may feel that their spouse’s behavior or actions played a significant role in the breakdown of the marriage.
- Limited Legal Remedies – The courts have fewer legal remedies to prevent a divorce from proceeding. Defending a divorce application now involves legal technicalities rather than contesting the grounds for divorce based on the contents of the application.
Why Did The UK Need a No Fault Divorce Law?
For many years, divorce law in the UK required couples to assign blame for the breakdown of their marriage, leading to unnecessary conflict and acrimony.
The previous system forced individuals to make accusations against their spouse’s conduct, such as adultery or unreasonable behaviour, or face years of separation before a divorce could be granted.
This adversarial approach hindered couples from focusing on important practical decisions concerning children, finances, and their future.
Additionally, it created opportunities for vindictive contestation and the potential for abusive partners to further harm their victims or trap them in unhappy marriages.
Due to the amicable nature of no-fault divorce, many couples can reach an agreement on who pays the legal fees, which removes another stress from the couple.
The Core Aspects of No-Fault Divorce Explained
1. Joint Applications: A Collaborative Approach
Under the new legislation, couples now have the option to make joint applications for divorce or civil partnership dissolution.
This means that both parties can agree that the relationship has irretrievably broken down without having to place blame on one another.
Joint divorce applications encourage a more collaborative and amicable separation process, enabling couples to work together to reach mutually beneficial agreements on important matters such as child custody, financial arrangements, and property division.
2. Simplifying Language
New terminology has been introduced to make the process more understandable and accessible.
For instance, the term “Decree Nisi” has been replaced with “Conditional Order,” while “Decree Absolute” is now referred to as “Final Order.”
The person filing for divorce was previously known as the Petitioner; this has been updated to ‘Applicant’.
These changes aim to demystify the legal language surrounding divorce, ensuring that individuals can navigate the process with clarity and confidence.
3. No Contest: Streamlining the Process
One of the significant developments brought about by the new legislation is the removal of the ability to contest a divorce, dissolution, or separation.
Previously, a spouse could contest a divorce, potentially prolonging the process and causing additional stress and expense.
However, under the no-fault divorce system, a statement of irretrievable breakdown of the marriage is considered conclusive evidence, except on limited technical grounds.
This streamlines the process, allowing couples to move forward with their lives without the fear of being trapped in a marriage against their will.
While rare, disputes can still arise during divorce proceedings. Our team has the expertise and experience in family law cases, to ensure a swift outcome with little to no stress.
4. 20-Week Minimum Waiting Period
To provide couples with an opportunity for reflection and potential reconciliation, the new law introduced a minimum waiting period of 20 weeks from the start of proceedings to the issuance of a conditional order of divorce.
This waiting period allows couples to consider their situation, seek mediation if needed, and make important arrangements for the future, including child custody, financial matters, and property division.
It aims to ensure that couples have sufficient time to make informed decisions and minimise the potential for hasty and regrettable actions.
This gives couples more time to discuss their financial settlement and make arrangements for a solicitor to draft a divorce financial order.
Questions people commonly ask…
How much does a no-fault divorce cost?
A no-fault divorce typically costs between £1,000 and £3,000 in England and Wales, depending on whether you use a solicitor and how complex your finances are. The mandatory court fee alone is £612, charged by the government regardless of who handles your case. Couples on a low income or receiving certain benefits may qualify to have this fee waived.
Where a financial settlement is required, solicitor fees increase significantly — negotiating and drafting a financial consent order to divide assets, property, and pensions can add anywhere from £500 to £10,000 to the overall cost.
An uncontested divorce where both parties agree on all financial terms will always be cheaper and faster to resolve.
How long does a no-fault divorce take?
A no-fault divorce process will take a minimum of 7 months to finalise in England and Wales, assuming that all paperwork is processed correctly and efficiently. The new law introduced an additional 20-week waiting period to give couples time to reconcile and discuss financial aspects. It was never supposed to encourage quick divorce.
Is no-fault good for separating couples?
In our opinion, no fault divorce is a good thing.
We help amicable couples end their marriage without the financial burden of solicitors fees and without the stress and hassle of doing it themselves.
The blame game, which the previous law encouraged has been scrapped, which can only be a good thing. Couples can spend more time discussing important matters, for example, where any children are going to live and how the matrimonial home is to be split.
Can I use my ex-partners adultery as grounds for divorce?
No-fault divorce law removed the previous grounds for divorce, including adultery and replaced it with one ground; the irretrievable breakdown of the marriage. If your partner has committed adultery and you wish to divorce them, you can do, however, a no blame divorce means you can’t cite the adultery.
Can my spouse stop a no fault divorce?
No. Under the no fault divorce system, a spouse cannot prevent the divorce from proceeding. The statement of irretrievable breakdown constitutes conclusive evidence, and the ability to contest the divorce has been removed.
A respondent can dispute the application only on very limited technical grounds, such as the validity of the marriage or the court’s jurisdiction.
They cannot dispute the divorce simply because they do not want it to happen.
This was one of the most important changes introduced by the 2022 legislation. Under the old system, a spouse could contest the divorce petition and force the other party through lengthy and costly court proceedings. That avenue is now closed.
Ready to Initiate a Divorce?
To initiate the no-fault divorce process, either one party or both parties can give notice of the irretrievable breakdown of the marriage by completing an application.
This application replaces the previous divorce petition and requires a statement of irretrievable breakdown. The court fee for issuing a divorce application is currently £612.
No-fault divorce has fundamentally changed how couples get divorced, so it’s understandable if you’re unsure how to get started.
Most couples don’t require the assistance of family law solicitors outside of the initial legal advice. Ready to start your divorce online?
Start a No-Fault Divorce Online for £179
This service is the quickest and easiest way to get divorced. Our team of divorce experts handles all aspects of your divorce and keeps you updated on the progress, every step of the way.
Author: Lara Jayne Davies
This post was written by Lara Jayne Davies. Lara is a family law solicitor specialising in Matrimonial and Private Children matters. She thinks creatively and cost-effectively to assist clients in achieving the best possible outcome whilst always providing the highest levels of client care.