How long does a divorce take in England and Wales?

A straightforward divorce typically takes several months, largely because the law builds in minimum waiting periods. From when the court issues the application, you must wait at least 20 weeks before applying for the conditional order. After the conditional order is granted, you must wait a further six weeks and one day before applying for the final order. In practice, administrative time at court and the speed with which documents are completed can extend the timeline.Delays commonly arise where there are problems with service, where one spouse does not respond promptly to paperwork, or where the application contains errors that need correcting. While the divorce itself can move forward even if finances are not settled, many people try to align the timing with financial negotiations. If financial matters are complex, it is common for the financial settlement to take longer than the divorce process.

Can my spouse stop the divorce?

In most cases, no. The no-fault system means the court does not require proof of blame, and a spouse cannot usually prevent the divorce simply by disagreeing with it. If one person applies and confirms the marriage has irretrievably broken down, the process generally proceeds.However, there are limited situations where a spouse may challenge the proceedings. These include arguing that the courts in England and Wales do not have jurisdiction, that the marriage is not legally valid, or that there has been a serious procedural problem. These challenges are relatively uncommon and depend on the facts.More often, what looks like “stopping” a divorce is actually delay. For example, if the respondent avoids service or does not return the acknowledgment, the applicant may need to take extra steps to prove service or arrange alternative service. The court can still move the case forward once the correct procedures have been followed.

Do I need a reason to get divorced now that it is no-fault?

You do not need to provide a reason such as adultery, unreasonable behaviour, or separation for a set period. The application includes a statement that the marriage has broken down irretrievably. That statement is enough for the legal basis of the divorce, and the court does not investigate the underlying reasons.That said, practical reasons still matter in how you approach the wider consequences of divorce. For example, if there has been domestic abuse, controlling behaviour, or safeguarding concerns, this may affect decisions about living arrangements, child arrangements, and safety planning. It can also influence how you communicate during the divorce and whether you use routes such as mediation.No-fault divorce is intended to reduce conflict about blame. It does not remove the need to carefully address finances, housing, and children. Many people find it helpful to separate emotional explanations from the legal process and focus on workable outcomes and future planning.

What is the difference between a conditional order and a final order?

A conditional order is the stage where the court confirms that the legal requirements for divorce have been satisfied and that the divorce can proceed. It does not end the marriage. It is an important milestone, and some people refer to it as the point where the court indicates there is no legal reason the divorce should not be granted.The final order is the document that legally ends the marriage. You can only apply for the final order after the conditional order has been granted and the minimum waiting period of six weeks and one day has passed.The timing of the final order can have practical consequences. For example, it may affect how you manage finances, pensions, or longer-term planning. Many people aim to have financial arrangements documented in a court-approved order before applying for the final order, particularly where there are significant assets or ongoing obligations. The best approach depends on your circumstances and the issues involved.

Will divorce settle our finances automatically?

No. Divorce ends the marriage, but it does not automatically resolve financial claims between spouses. Financial matters, including the family home, savings, debts, pensions, and spousal maintenance, need to be dealt with separately, either by agreement or by a court decision.If you reach an agreement, it can be turned into a consent order and approved by the court. This is often important because it makes the agreement legally binding and can provide a clean break where appropriate. A clean break order ends all financial claims between former spouses, meaning neither party can make future claims against the other for capital or income, even if circumstances change later. Without a court order, informal arrangements may leave ongoing financial risk, even years later, and may not provide finality even if both spouses have followed the arrangement in practice.If you cannot agree, either party can apply to the court for financial remedies. This usually involves financial disclosure and a structured court process. Because financial outcomes can shape your security long after the divorce, it is wise to treat finances as a central part of planning, even if the divorce itself feels procedurally straightforward.

When should you get legal advice?

It is sensible to seek advice early if you are unsure whether the courts in England and Wales have jurisdiction, if your spouse is difficult to serve, if there are safeguarding concerns, or if financial, housing, pension, or child arrangements need careful planning. Getting advice before applying for the final order can also help you understand whether ending the marriage at that point could affect your wider financial or practical position.

No-Fault Divorce in England & Wales: Grounds, Process and Key Requirements

Amarjit Singh Ryatt

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3rd Jul 2026

Table of contents

Introduction
How no-fault divorce works and the legal framework introduced by the Divorce, Dissolution and Separation Act 2020
Who can apply for divorce in England and Wales?
What are the steps in the divorce process?
Conclusion

Divorce in England and Wales is now designed to be more straightforward and less adversarial than it once was. Since the introduction of no-fault divorce under the Divorce, Dissolution and Separation Act 2020 (which came into force on 6 April 2022), you no longer need to prove wrongdoing such as adultery or unreasonable behaviour to begin the legal process. Instead, the focus is on confirming that the marriage has broken down irretrievably and then following a clear set of procedural steps. This shift aims to reduce conflict at a time when emotions, finances, and arrangements for children may already feel difficult to manage.

Even with a simplified legal basis, divorce can still raise practical questions. People often want to know whether they can apply in England and Wales, how long the process takes, what the court will decide, and what happens if one spouse does not cooperate. There is also frequent confusion about the relationship between the divorce itself and other outcomes such as financial settlements, spousal maintenance, and child arrangements. While these issues are closely connected in real life, they are dealt with under different legal frameworks and may move at different speeds.

This article explains the current legal position and the steps involved, with a focus on what is required, what you can expect, and where careful planning can help you avoid delays and unnecessary disputes.

Quick answer: You no longer need to prove adultery, unreasonable behaviour, or a period of separation to get divorced in England and Wales. The legal basis is a statement that the marriage has broken down irretrievably, and the court does not investigate who was at fault.

How does no-fault divorce work in England and Wales?

The Divorce, Dissolution and Separation Act 2020 allows a marriage to be ended without either party having to accept blame. The same no-fault framework applies to civil partnership dissolution, and the process is the same for both opposite-sex and same-sex marriages. This article focuses on divorce; the rules for dissolving a civil partnership follow the same structure. The legal foundation is a statement that the relationship has broken down irretrievably. In practice, the applicant, or both parties if applying jointly, submits an application to the court and confirms that the marriage has broken down. The court does not examine evidence of fault. The other party cannot defend the divorce simply because they disagree with the decision to end the marriage.

This is an important change because it reduces the need to set out allegations. Historically, petitions often included hurtful details, which could inflame conflict and make it harder to agree arrangements for children or finances. No-fault divorce instead separates the decision to divorce from arguments about why the relationship ended.

It is also important to understand what divorce does and does not do. Divorce legally ends the marriage. It does not automatically resolve financial matters, determine who stays in the family home, decide where children live, decide how much time they spend with each parent or set binding arrangements for children. Financial issues can be negotiated and then approved by the court through a financial order, often called a consent order when agreed. Child arrangements are usually best agreed between parents, and if needed, can be formalised by a child arrangements order. Some couples resolve these issues through negotiation, mediation, or other forms of dispute resolution, and others need court involvement.

Before making a court application about finances or children, most people are required to attend a Mediation Information and Assessment Meeting (MIAM). This is a short meeting with an accredited mediator who will consider whether mediation or another form of non-court dispute resolution might be appropriate for your situation. Statutory exemptions from the MIAM requirement exist, including where there are domestic abuse concerns. If you are unsure whether an exemption applies to you, taking legal advice before making an application is advisable.

Another key part of the framework is timing. There is a mandatory minimum period built into the process to allow for reflection and to ensure both parties have time to consider practical arrangements. While many divorces proceed smoothly, delays can occur if documents are not served correctly, if there are problems with the marriage certificate, or if one party is hard to contact. Understanding the legal structure early can help you plan realistically and avoid common procedural setbacks.

Who can apply for divorce in England and Wales?

Eligibility checklist: before applying, check that the courts in England and Wales have jurisdiction, that you can establish the necessary connection through habitual residence or domicile, that you have been married for at least one year, and that you have an original or certified copy of your marriage certificate, with a certified translation if it is not in English.

Before starting a divorce, you need to check whether the courts in England and Wales have authority to deal with your case. This is often called jurisdiction. It is not enough that you were married in England and Wales or that you once lived here. The court needs a current legal connection to one or both spouses.

Jurisdiction can be established in several ways, most commonly through habitual residence or domicile. Habitual residence is about where you are living as part of your regular, settled life. It is more than a temporary stay and looks at the reality of your day-to-day life, such as work, housing, and where you are established. Domicile is a separate concept that is closer to your permanent home, the place you ultimately consider to be your long-term base, even if you are currently living elsewhere. Domicile can be complex, and people may have a domicile of origin that they only change if they settle permanently somewhere else with the intention of staying there indefinitely.

In many cases, if you and your spouse both live in England and Wales, the jurisdiction point is straightforward. It can be less obvious if one spouse has moved away within the UK, if you are living apart, or if you are newly returned after time away. If jurisdiction is uncertain, it is sensible to resolve that question before issuing an application, because starting in the wrong place can waste time and costs.

There is also a time limit connected to the length of the marriage. You must have been married for at least one year before you can apply for a divorce. If you are under that threshold, you cannot start divorce proceedings yet, though you may still be able to address immediate issues. For example, there may be options relating to living arrangements, child arrangements, or short-term financial support, depending on the circumstances.

Finally, you will need an original or certified copy of your marriage certificate. If it is not in English, a certified translation is usually required. Ensuring you have the correct documentation early helps prevent avoidable delays at the point of issuing or when the court checks the application.

What are the steps in the divorce process?

The divorce process in England and Wales follows a structured sequence. You can apply on your own (a sole application) or together (a joint application). Most applications are now made online through the HMCTS divorce portal, though paper applications remain available. The application includes key details such as names, addresses, and confirmation that the marriage has broken down irretrievably. You will also provide details from the marriage certificate. There is a court fee payable when the application is issued; the current amount is available on the HMCTS website, and a reduction or waiver may be available if you qualify for a fee remission.

After the application is issued, it must be brought to the attention of the other spouse, the respondent, who must be formally notified. In a sole application, this is done through service. Service means the formal delivery of court documents in an approved way, so the court can be satisfied that the respondent has received them or has been validly notified. Depending on how the application is issued and managed, the court or the applicant may deal with service. If service is not handled correctly, the process can stall. Where a spouse is difficult to locate or avoids service, there are specific court procedures that may help, such as applying for alternative service or, in some cases, asking the court to dispense with service. These steps require evidence and can add time.

Once the respondent has been served, they are given an opportunity to acknowledge receipt. Under the no-fault system, they cannot generally defend the divorce because they disagree with it. There are limited grounds to dispute the process, such as challenging jurisdiction, the validity of the marriage, or whether the correct legal procedure is being followed.

A key stage is applying for the conditional order (formerly known as the decree nisi under the old law). This is the court’s formal confirmation that the legal requirements have been met and that the divorce can proceed. There is a minimum waiting period of 20 weeks from the date the application is issued before you can apply for the conditional order. This is intended as a period for reflection and for practical planning. It is often a helpful window to work on financial disclosure, negotiate a settlement, and consider arrangements for children and housing, although these can take longer than the divorce itself.

After the conditional order is granted, there is a further minimum waiting period of six weeks and one day before you can apply for the final order (formerly known as the decree absolute). The final order legally ends the marriage. Timing the final order can matter. Some people delay applying for the final order while finalising a financial settlement, because ending the marriage can affect certain rights or practical issues. The best approach depends on individual circumstances, including housing, pensions, benefits, and estate planning considerations. If you have agreed finances, it is usually sensible to have a financial order approved by the court, as informal agreements may not provide long-term protection.

Process summary at a glance

Submit your application online via the HMCTS divorce portal (or by post) and pay the court fee
The court issues the application; in a sole application, it must then be formally served on your spouse
Wait at least 20 weeks from the date of issue
Apply for the conditional order (formerly the decree nisi)
Wait at least six weeks and one day
Apply for the final order (formerly the decree absolute), which legally ends the marriage

FAQ's

: A straightforward divorce typically takes several months, largely because the law builds in minimum waiting periods. From when the court issues the application, you must wait at least 20 weeks before applying for the conditional order. After the conditional order is granted, you must wait a further six weeks and one day before applying for the final order. In practice, administrative time at court and the speed with which documents are completed can extend the timeline.
Delays commonly arise where there are problems with service, where one spouse does not respond promptly to paperwork, or where the application contains errors that need correcting. While the divorce itself can move forward even if finances are not settled, many people try to align the timing with financial negotiations. If financial matters are complex, it is common for the financial settlement to take longer than the divorce process.
: In most cases, no. The no-fault system means the court does not require proof of blame, and a spouse cannot usually prevent the divorce simply by disagreeing with it. If one person applies and confirms the marriage has irretrievably broken down, the process generally proceeds.
However, there are limited situations where a spouse may challenge the proceedings. These include arguing that the courts in England and Wales do not have jurisdiction, that the marriage is not legally valid, or that there has been a serious procedural problem. These challenges are relatively uncommon and depend on the facts.
More often, what looks like “stopping” a divorce is actually delay. For example, if the respondent avoids service or does not return the acknowledgment, the applicant may need to take extra steps to prove service or arrange alternative service. The court can still move the case forward once the correct procedures have been followed.
: You do not need to provide a reason such as adultery, unreasonable behaviour, or separation for a set period. The application includes a statement that the marriage has broken down irretrievably. That statement is enough for the legal basis of the divorce, and the court does not investigate the underlying reasons.
That said, practical reasons still matter in how you approach the wider consequences of divorce. For example, if there has been domestic abuse, controlling behaviour, or safeguarding concerns, this may affect decisions about living arrangements, child arrangements, and safety planning. It can also influence how you communicate during the divorce and whether you use routes such as mediation.
No-fault divorce is intended to reduce conflict about blame. It does not remove the need to carefully address finances, housing, and children. Many people find it helpful to separate emotional explanations from the legal process and focus on workable outcomes and future planning.
: A conditional order is the stage where the court confirms that the legal requirements for divorce have been satisfied and that the divorce can proceed. It does not end the marriage. It is an important milestone, and some people refer to it as the point where the court indicates there is no legal reason the divorce should not be granted.
The final order is the document that legally ends the marriage. You can only apply for the final order after the conditional order has been granted and the minimum waiting period of six weeks and one day has passed.
The timing of the final order can have practical consequences. For example, it may affect how you manage finances, pensions, or longer-term planning. Many people aim to have financial arrangements documented in a court-approved order before applying for the final order, particularly where there are significant assets or ongoing obligations. The best approach depends on your circumstances and the issues involved.
: No. Divorce ends the marriage, but it does not automatically resolve financial claims between spouses. Financial matters, including the family home, savings, debts, pensions, and spousal maintenance, need to be dealt with separately, either by agreement or by a court decision.
If you reach an agreement, it can be turned into a consent order and approved by the court. This is often important because it makes the agreement legally binding and can provide a clean break where appropriate. A clean break order ends all financial claims between former spouses, meaning neither party can make future claims against the other for capital or income, even if circumstances change later. Without a court order, informal arrangements may leave ongoing financial risk, even years later, and may not provide finality even if both spouses have followed the arrangement in practice.
If you cannot agree, either party can apply to the court for financial remedies. This usually involves financial disclosure and a structured court process. Because financial outcomes can shape your security long after the divorce, it is wise to treat finances as a central part of planning, even if the divorce itself feels procedurally straightforward.
: It is sensible to seek advice early if you are unsure whether the courts in England and Wales have jurisdiction, if your spouse is difficult to serve, if there are safeguarding concerns, or if financial, housing, pension, or child arrangements need careful planning. Getting advice before applying for the final order can also help you understand whether ending the marriage at that point could affect your wider financial or practical position.

Divorce in England and Wales is now based on a no-fault framework, which means the legal process is focused on confirming an irretrievable breakdown rather than assigning blame. Even so, it remains important to get the basics right: ensuring the courts have jurisdiction, checking that the marriage has lasted at least one year, preparing the correct documentation, and understanding how service and key waiting periods affect the timetable. The formal stages, application, conditional order, and final order, provide structure and a clear route to ending the marriage, but they do not resolve everything that may matter most in day-to-day life.

In practice, the smoothest divorces are often those where the legal steps are paired with early planning for finances, housing, and children. It can help to use the time before the conditional order to gather financial information, explore settlement options, and think through practical arrangements. Where there are complications such as difficulty serving documents, uncertain jurisdiction, or safeguarding concerns, getting advice early can prevent delays and reduce stress.

If you would like legal advice about divorce, our family law solicitors at Taylor Rose are here to help. We advise on all aspects of divorce in England and Wales, including jurisdiction, the divorce process, financial settlements, and arrangements for children. To speak to a member of our team or to find out more, visit us at https://taylorrose.co.uk/.

Get in touch

If you would like to speak with a member of the team you can contact us on:

020 3540 4444

Amarjit Singh Ryatt

Partner and Head of Family and Divorce

Amarjit is Partner and Head of the Family Team. Amarjit advises on all aspects of family law, including divorce, financial matters, nupti...

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