No Fault Divorce
Updated: Mar 15
In the UK, when a marriage breaks down, the law provides a formal process for ending it through divorce. In England and Wales, this process is now governed by the Divorce, Dissolution and Separation Act 2020, which applies to divorces that started on or after 6th April 2022. This legislation covers both heterosexual and same-sex couples, and it has brought significant changes to the law compared to the old law of divorce. In this blog we will explore the old and new law of divorce.
The New Law: Grounds for Divorce
Under Divorce, Dissolution and Separation Act 2020, there is now one sole ground for divorce for both heterosexual and same-sex couples, this is that the marriage has irretrievably broken down. This approach is now known as a no fault divorce, as it removes the need to blame to one party in order to gain a divorce. The law now recognises that insisting on proving fault or blame for the marriage breaking down can unnecessarily prolong and complicate divorce proceedings, so now a divorce can proceed on the ground that the marriage has irretrievably broken down with no need to blame anyone.
One important rule remains; the parties must have been married for at least one year before they can start divorce proceedings. This ensures that parties in short-lived marriages are given time to reconsider before formally ending their marriage.
The New Divorce Procedure
The Divorce, Dissolution and Separation Act 2020 also introduced a modernised procedure, which can be followed either as a joint application or a sole application, depending on whether both parties agree to the divorce. Both of these procedures can now be started online.
The Joint Divorce Application Procedure
A joint application is used when both parties agree that the marriage should end. The process is as follows:
Both parties jointly apply for the divorce. They are named Applicant 1 and Applicant 2. It is possible to start as a joint application and later switch to a sole application after 20 weeks if agreement breaks down.
Complete the application form, which can usually be done online.
Pay the application fee of £612. (Accurate as of March 2026).
The court checks the application to ensure it is complete and valid.
The application is officially issued to both parties.
Conditional order: This is the next step and can only be applied for 20 weeks after the application. The court confirms whether the divorce can proceed. Applications for the conditional order can be submitted by email or post.
Final order: This can be applied for 6 weeks and 1 day after the conditional order. Once granted, the marriage is legally ended, and both parties are considered legally single.
The Sole Divorce Application Procedure
A sole application occurs when only one party wishes to apply for a divorce. The process is slightly more involved, particularly if the other party disputes the divorce:
One party submits the divorce application online and pays the £612 fee. (Accurate as of March 2026).
The court checks the application and issues it to both parties.
The other party receives an application of service and has 14 days to respond. They can either agree with the divorce or dispute it.
If the other party agrees, the process proceeds as with a joint application.
If the other party disputes the divorce, they must provide a genuine legal reason, such as:
The marriage or civil partnership was not valid from the start.
The marriage or civil partnership has already ended through another divorce or dissolution.
The court does not have jurisdiction to deal with the divorce.
If no valid legal reason exists, the divorce cannot be blocked.
After 20 weeks, the applicant can apply for the conditional order, and then, 6 weeks and 1 day later, apply for the final order, completing the divorce.
The Old Law of Divorce
Before the Divorce, Dissolution and Separation Act 2020, divorce law operated under a fault based system. Divorce for heterosexual couples was governed by the Matrimonial Causes Act 1973, while the Marriage (Same Sex) Act 2013 applied to same-sex couples. Under this system, one party had to prove the ground that the marriage had irretrievably broken down due to one of five specific facts:
Adultery: One spouse had a sexual relationship outside the marriage. This ground only applied to heterosexual couples.
Unreasonable behaviour: Her one spouse behaved in such a way that it was unreasonable to expect the other to continue living with them. Examples include emotional abuse, excessive drinking, or constant arguing.
Desertion: One spouse left the other without consent and without good reason for at least two years.
Two years separation with consent: Couples who had lived apart for two years could divorce if both agreed.
Five years separation: Divorce could be granted after five years of separation even without agreement.
The old law often caused practical and emotional problems for couples, because some grounds, like adultery or unreasonable behaviour, required one spouse to blame the other, this resulted in some divorces becoming highly confrontational, creating tension and stress, especially when children were involved. In cases of two years separation with consent, one party could refuse to agree to the divorce, effectively blocking the process and forcing long delays. Same-sex couples also faced inequality under the old system, as adultery was not recognised as a ground for divorce, making the law inconsistent. In addition, proving facts such as desertion or unreasonable behaviour could be legally complex, requiring evidence, potentially high legal costs, and significant emotional strain. Even when both parties wanted a divorce, waiting for five years of separation could unnecessarily prolong their uncertainty and hardship. Overall, the old system often delayed the end of marriages, heightened conflict, and made the process more stressful and less accessible for couples who simply wanted to move on.
Why the New Law on Divorce is Better
The 2020 reforms represent a major shift towards a simpler, fairer, and more humane divorce system, reflecting changing social attitudes and the realities of modern family life. The new no fault divorce system has several advantages over the old law. It allows divorces to proceed more quickly, the rules and procedures prevent one party from blocking the process, it encourages cooperation through joint applications, and removes the need to assign blame, providing a less adversarial and more respectful approach. In addition, the ability to apply online makes the process more accessible to all parties.
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