UK No-fault divorce: what actually changed
The Divorce, Dissolution and Separation Act 2020 came into force on 6 April 2022 and removed the need to blame anyone. Before that, unless you had been separated for at least two years, one spouse had to allege adultery, unreasonable behaviour or desertion. That requirement regularly forced people to manufacture grievances at the worst possible moment, and made the early stages of a separation more hostile than they needed to be.
Now a single statement that the marriage has broken down irretrievably is enough. The court must accept it. Critically, your spouse cannot contest the divorce itself except on narrow technical grounds such as jurisdiction — so the divorce can no longer be used as leverage.
Ministry of Justice Family Court Statistics Quarterly is the authoritative source for current volumes and timescales, and is worth checking if you want to know how long cases are actually taking rather than how long they are supposed to take.
Applying on your own or together
You can apply alone (a sole application) or with your spouse (a joint application). Joint applications suit couples who have reached the decision together and want to signal that neither is 'the respondent'. A sole application is often more practical where communication has broken down, where you need to control the timetable, or where there is any history of abuse or coercive control.
You can switch from a joint to a sole application later if your spouse stops engaging, though this adds delay.
The two waiting periods
There is a minimum of 20 weeks between the start of proceedings and applying for the conditional order (previously called the decree nisi). This is deliberate reflection time; it is not a queue, and it does not shorten because your case is straightforward.
After the conditional order there is a further minimum of 6 weeks and 1 day before you can apply for the final order (previously the decree absolute), which legally ends the marriage. In practice most divorces take longer than the 26-week minimum, particularly where finances are still being resolved.
Why finances are dealt with separately
This surprises people: the divorce ends the marriage, but it does not divide your money. Those are two distinct processes, and finishing one does not finish the other.
Financial claims are decided under section 25 of the Matrimonial Causes Act 1973, which gives the court wide discretion. It weighs factors including the length of the marriage, the needs of any children, each party's income and earning capacity, contributions made (including non-financial ones such as raising children), and the standard of living during the marriage. Because the discretion is broad, outcomes genuinely vary and confident predictions from non-lawyers are usually worth little.
Many solicitors will advise against applying for the final order until finances are settled, since ending the marriage first can affect pension rights and certain claims. This is one of the most common and most expensive mistakes people make on their own.
Where children are involved
Arrangements for children are separate again. The courts encourage parents to agree between themselves, and in most cases you must attend a Mediation Information and Assessment Meeting before applying to court, unless an exemption applies — domestic abuse being the main one.
If the court is asked to decide, the child's welfare is the paramount consideration. The starting assumption is that a child benefits from a relationship with both parents, unless that would put the child at risk.
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