The No-Fault Divorce Process Explained
How no-fault divorce works in England and Wales since April 2022 — the application, the 20-week waiting period, the conditional order, and why the financial settlement must be sorted before the final order.
The No-Fault Divorce Process Explained
Since April 2022, England and Wales have operated under a no-fault divorce system, which means neither party has to blame the other to end the marriage.
What No-Fault Divorce Actually Means
Under the Divorce, Dissolution and Separation Act 2020, there is now a single ground for divorce: that the marriage has broken down irretrievably. You confirm this by making a statement, and that statement cannot be challenged by the other party.
Step by Step: The Process
- Application online through the HMCTS portal. You will need your marriage certificate, the names and addresses of both parties, and the court fee of £593.
- Acknowledgement: the respondent receives the papers and has 14 days to respond.
- 20-week waiting period from the date the application is issued.
- Conditional order (formerly decree nisi).
- Six-week gap before applying for the final order.
- Final order (formerly decree absolute). You should not apply for the final order until your financial arrangements are agreed and recorded in a court order.
The Minimum Timeframe
The minimum time from application to final order is approximately 26 weeks, or six months.
This article provides general legal information only. It is not formal legal advice and does not create a solicitor-client or barrister-client relationship. If you need advice specific to your circumstances, please consult a qualified legal professional.
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