No fault divorce in the UK: What you need to know in 2025

What is no fault divorce?

A no-fault divorce, also known as a divorce without blame, allows couples to end a marriage without one party having to prove the other committed wrongdoing. Instead, they simply state that the marriage has broken down irretrievably, thus simplifying the process and potentially reducing unnecessary conflict and stress. This allows couples to then focus on the principal issues of children, property and finances.

Before no-fault divorce, couples had to cite one of five grounds – adultery, unreasonable, desertion, two years of separation with consent, five years of separation without consent – for divorce. Now, couples can simply state that their marriage has “irretrievably broken down” to initiate the divorce process. This eliminates the need to assign blame or fault, thus reducing the adversarial nature of a divorce.

The legal framework: The Divorce, Dissolution and Separation Act 2020

No-fault divorce became legal in England and Wales on April 6, 2022. This change was brought about by the Divorce, Dissolution and Separation Act 2020. This increasingly straightforward process makes the divorce process more efficient and less adversarial. Whilst the no-fault divorce process focuses on irretrievable breakdown, it is worth pointing out that one spouse can still dispute the divorce if they believe certain legal requirements haven’t been met.

How the no-fault divorce process works in 2025

A no-fault divorce involves a court fee of £612 for the application. Applications in England and Wales are primarily made online through the GOV.UK portal. Paper applications are generally only accepted in extremely limited circumstances like if there are complex financial arrangements, or other issues that need to be highlighted.

Either party (or both parties together) can initiate the divorce by filing an application with a statement of irretrievable breakdown. The application confirms that the marriage has broken down beyond repair and is no longer viable. After the application has been filed, there’s a 20-week cooling-off period. This period is designed to provide couples with time to reflect on their decision and potentially reconcile.

After the 20 weeks, the applicant(s) can apply for a Conditional Order, which is similar to a Decree Nisi, confirming their desire to proceed with the divorce. There is then a 6-week and 1-day waiting period, after the Conditional Order and before the Final Order, which is similar to a Decree Absolute, can be applied for. Once the Final Order is granted, the marriage is legally dissolved.

Advantages of no-fault divorce

Jonathan Miller, Senior Solicitor in Alsters Kelley Family: Divorce, Child Contact & Finances department, said. “Our team are committed to easing the burden of stressful divorce and avoiding unnecessary conflict. In the last three years we have witnessed how the no-fault divorce diminishes some of the negative stigma surrounding divorce, reduces conflict and blame, offers better outcomes for children and families and encourages divorcing couples to maintain a more positive relationship. All of these benefits enable divorcing couples the necessary time and space to rebuild their lives and protect their children.”

Jonathan continued. “We are often asked if you need a solicitor to apply for a no-fault divorce. In short, while you can do a no-fault divorce without a solicitor, it’s wise to seek their advice, if you have financial assets to divide, child arrangements to agree, or you’re unsure how to proceed.

This is because a solicitor can help you to understand your rights and obligations, guide you through the process, deal with financial settlements, protect your assets, handle child-related issues, represent you in court (if necessary) and help to ensure that you get a fair settlement that meets your needs.”

Jonathan concludes. “No-fault divorce is a modern legal approach to relationship breakdowns that enable both parties a simpler way to separate with dignity, whilst also helping them to move forward and secure the best outcomes for themselves and their children. For dedicated support for individuals and families, please get in touch so that our experienced family lawyers can help to make the process as smooth as possible for you.”

Fixed fee initial meeting for support and advice

We offer an initial fixed fee meeting for £300 plus VAT (20%), total £360.00. Fixed fee meetings generally last between one to two hours. And thanks to our network of offices covering Banbury, Coventry, Leamington, Nuneaton, Stratford-upon-Avon and Southam we are very accessible too. For timely and quality advice, support and a fair outcome, please contact Jonathan Miller on 01926 356000, email jonathan.miller@alsterskelley.com.