What is a no-fault divorce?

Divorce is a challenge, whatever the circumstances surrounding it. 

But when there’s no blame to be placed — and nobody at fault — it can be difficult to know where to start when it comes to initiating the split. This is where the no-fault divorce law comes in: a mutual agreement, between spouses, to amicably dissolve a marriage. 

What is a no-fault divorce? 

The no-fault divorce law was introduced in April 2022, allowing couples to dissolve their marriage without either party taking blame. It aims to make the divorce process less contentious and more straightforward, and pushes for amicable resolution of issues such as asset division and child custody. 

In a no-fault divorce, neither spouse has to prove that the other has acted outside of the interest of the marriage — such as in instances of adultery, abuse, or abandonment. The process is often less time consuming, less costly, and less emotionally difficult for the parties involved, since there’s no need to present evidence or face courtroom disputes. 

How to apply for a no-fault divorce 

In the UK, applying for a no-fault divorce is a relatively straightforward process.  

If you and your partner both reside in England or Wales (or otherwise have a permanent connection to the UK) and have been married for at least a year, you’re eligible for a no-fault divorce. 

You can access the appropriate forms through the UK Government’s divorce application portal, where you’ll have the opportunity to apply individually — wherein one spouse applies, and the other is notified — or jointly, using both of your details. The current fee to apply for a divorce is £612. 

How long does a no-fault divorce take? 

A minimum period of 20 weeks must pass between the filing of your divorce and your application for a Conditional Order (or Decree Nisi). This "reflection period" allows couples to consider reconciliation or prepare for the practicalities of separation, such as finding new living arrangements. After a further 6 weeks, you can apply for a Final Order, which legally ends your marriage.  

Assuming there are no delays, the minimum timeframe to complete a no-fault divorce is 26 weeks, or six months. 

Can you contest a no-fault divorce? 

There are a few, albeit limited, grounds on which a no-fault divorce can be contested.  

Typically, it can only opposed in cases where there is a dispute about the validity of the marriage — such as questions of jurisdiction or whether the marriage is legally recognised.   

How are assets divided in a no-fault divorce? 

When it comes to splitting property and finances, you’ll need to follow the standard procedures for asset division; compiling a list of your marital and separate property, providing documentation, and considering each partner’s needs and circumstances post-divorce. 

If you and your spouse find that you’re struggling to agree on a reasonable split, a mediator or family law barrister may be able to help in reaching an amicable agreement.