Since 6 April 2022, divorce in England and Wales is no-fault. That means nobody has to blame anyone. You do not need to prove adultery, unreasonable behaviour, or anything else. You simply state that the marriage has irretrievably broken down, and that is sufficient.
Why It Changed
Under the old law, if you wanted a divorce without waiting two years, you had to accuse your spouse of something. Most people cited unreasonable behaviour because it was the quickest ground, even when the reality was that the relationship had simply run its course. The accusations, however mild, set an adversarial tone right from the start and made it harder to cooperate on the things that actually mattered, like the children and the finances.
The Divorce, Dissolution and Separation Act 2020 removed all of that.
The Process Step by Step
You can apply online through GOV.UK or by post using form D8. A sole application is made by one spouse. A joint application is made by both. Joint applications are usually better for the tone of the divorce, but obviously that requires both of you to agree.
After the application is submitted, there is a mandatory 20-week waiting period. This is the reflection period. During this time, you should be sorting out your finances and arrangements for any children. The court will not rush you through it.
After 20 weeks, you can apply for the conditional order. This used to be called the decree nisi. It is the court confirming that you are entitled to divorce. There is a short hearing, often dealt with on paper without anyone attending.
Six weeks and one day after the conditional order, you can apply for the final order, previously the decree absolute. This ends the marriage.
Costs
The court fee is £593 (2026). If you apply jointly, you split it. If you are on a low income or receiving certain benefits, you can apply for help with fees. You do not need a solicitor to make the divorce application itself, it is designed to be done without one. But if you have children, property, or pensions to sort out, legal advice on the financial settlement is well worth the money.
What It Does Not Cover
The divorce itself is just the ending of the marriage. It does not decide who gets the house, how the pensions are split, who the children live with, or how much maintenance is paid. All of that is dealt with separately, and none of it is automatic. If you divorce without getting a financial order, your ex can still make a financial claim against you years later.
Always check the terms of your specific agreement, as individual contracts can vary. This article is for general guidance only and is not legal advice.
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