No-Fault Divorce in England & Wales: What You Need to Know in 2025
The Shift to No-Fault Divorce: Why It Matters Now More Than Ever
Divorce is not just a legal event—it’s an emotional one, a financial one, and often a deeply personal reckoning. For decades, the law in England and Wales forced couples to navigate their most vulnerable moments through a system built on assigning blame. Whether or not both people wanted the divorce, one had to take the fall—either by confessing to adultery, pointing to unreasonable behaviour, or proving separation of two or more years. The system often made things worse. It turned civil breakups into courtroom dramas. It dragged out already painful endings. And in many cases, it pushed people to lie just to move on.
The introduction of the Divorce, Dissolution and Separation Act 2020, which came into effect in April 2022, fundamentally changed that approach. It brought in no-fault divorce, removing the requirement to prove wrongdoing and replacing it with a simple, honest statement: “This marriage has broken down irretrievably.” As of 2025, this law has reshaped the divorce process in England and Wales into something more respectful, straightforward, and centered on healing rather than hostility.
No-fault divorce doesn't mean divorce is easy. It means that when a relationship ends, the law no longer adds insult to injury. It offers a path out that is practical, predictable, and far less likely to inflame emotional wounds. That is why understanding how this law works—and how it affects children, money, and the process—is essential for anyone thinking about ending a marriage or civil partnership today.
What the Divorce, Dissolution and Separation Act 2020 Actually Does
At its core, this Act removes the need for either spouse to prove that the other was at fault in order to get divorced. That might sound simple, but it’s a legal breakthrough. Before the law changed, around 60% of divorces in England and Wales were fault-based, meaning couples had to rely on allegations of adultery or unreasonable behaviour—even when they both agreed the relationship was over. Many people found this deeply unfair. They didn’t want to drag their spouse through the mud. They didn’t want to fabricate evidence. But the law offered no other way forward unless they waited two years (with consent) or five years (without it). These time limits meant many people felt stuck—legally bound to a life that no longer worked.
The new law replaces this with a declaration of irretrievable breakdown that cannot be contested by the other spouse. You can apply alone or jointly with your partner, and there’s no longer any strategic advantage to going first. The terminology has also changed to make the process less intimidating. Legal jargon like “Decree Nisi” and “Decree Absolute” has been replaced by Conditional Order and Final Order—terms that are easier to understand and more reflective of what they actually do.
Perhaps most importantly, the law builds in a 20-week reflection period from the date the application is issued to when you can apply for a Conditional Order. This isn’t a delay to frustrate you. It’s designed to give couples the space to be sure, and if they’re separating, to begin discussions about finances, children, and the practicalities of two separate lives.
This new framework recognises a simple truth: not all marriages end in scandal. Many end in silence. Some end with sadness. Others end with mutual acceptance. The law now reflects that emotional reality, rather than punishing it.
Children and Finances: Why Removing Blame Changes Everything
When a marriage breaks down, it's not just the couple who feels it—children, extended families, and shared financial lives all become part of the fallout. The no-fault system doesn't just make legal sense; it has tangible emotional and financial benefits, especially when children are involved.
👶 Children: Reducing Psychological Harm and Promoting Stability
Divorce is hard on kids, but it's not the divorce itself that does the damage—it's the conflict. Numerous studies confirm that parental conflict is the single most harmful factor for children in separating families. When children witness blame, anger, or court battles between their parents, it can lead to anxiety, depression, behavioural issues, and long-term emotional scars.
By removing the need to assign fault, the law takes away one of the main triggers of that conflict. Parents are no longer forced to dredge up old arguments in legal documents. They don’t need to relive their worst moments in court. Instead, they can focus on making cooperative parenting decisions, setting routines, and communicating without hostility. It’s not perfect—and it won’t erase the grief of a family restructuring—but it gives children a much stronger chance at stability and emotional safety during a difficult time.
💰 Finances: Lower Conflict Means Cleaner Settlements
Dividing money, property, and pensions is one of the most stressful aspects of divorce. Under the old fault-based model, financial negotiations often became bogged down by bitterness and resentment. Some people believed that if they could prove wrongdoing, they'd get a better financial outcome—when in reality, fault usually had little to no bearing on the division of assets.
No-fault divorce takes the sting out of these negotiations. When neither party is legally accused of misconduct, it's easier to sit down, focus on practicalities, and work toward fair outcomes. Many couples now opt for Consent Orders, negotiated out of court with the help of mediators or solicitors. These agreements can include lump sums, property transfers, spousal maintenance, and child support, and once approved by a judge, they’re legally binding.
The reduced emotional temperature also means people are less likely to burn through money on legal fees. Fewer disputes mean fewer court hearings, and that helps both parties preserve resources for the future—whether that's securing a new home, funding retirement, or supporting children through school and beyond.
Step-by-Step: How to Divorce in 2025 Using the HMCTS Portal
Thanks to digital reform, the divorce process is now fully accessible online. The HMCTS portal allows you to file and manage your divorce application entirely through the GOV.UK website. The process is streamlined and designed for ease of use—but it still involves legal and emotional steps you should understand clearly.
Step 1: Set Up a GOV.UK Account
Start by visiting https://www.gov.uk/divorce and creating a secure login. You can choose whether to apply solely (on your own) or jointly with your spouse or civil partner. Joint applications are ideal if you're separating on relatively good terms, as they encourage cooperation from the start.
Step 2: Complete the Application
You'll need your marriage certificate and details about both parties. The application includes a simple statement confirming that the marriage has irretrievably broken down. There is no requirement to provide details or evidence. As of 2025, the fee is £593, though you may be eligible for help with fees depending on your income.
Step 3: Start the 20-Week Reflection Period
Once your application is issued by the court, the 20-week countdown begins. If it’s a sole application, your spouse will be formally notified and asked to acknowledge service. The purpose of this period is to allow time for thoughtful reflection or to begin preparing financial and parenting arrangements.
Step 4: Apply for the Conditional Order
After the 20-week period, and once the acknowledgment of service is filed, you can apply for a Conditional Order. This is the court's confirmation that your case meets the legal requirements. However, you're still married at this point.
Step 5: Apply for the Final Order
You must wait at least 6 weeks and 1 day after the Conditional Order before applying for the Final Order. Once granted, the marriage or civil partnership is legally ended. But if you haven't finalised your financial agreement, it's often best to delay the Final Order until that’s resolved and approved by the court.
The Most Common Divorce Myths—Debunked for 2025
Even in 2025, many people enter the divorce process with outdated or outright incorrect assumptions. Here are the most persistent myths—and the facts that set the record straight:
❌ “You have to be separated for 2 years to get a divorce.”
✅ Fact: Not anymore. The old system required long separations for no-fault divorces. The current law requires no period of separation. Once you're ready, you can apply.
❌ “You need to prove wrongdoing to get divorced.”
✅ Fact: No. The only requirement is a statement that the marriage has broken down. There is no need to cite adultery, behaviour, or any other grounds.
❌ “Your partner can stop the divorce if they don’t agree with it.”
✅ Fact: Under the new law, divorce applications cannot be contested except in extremely rare circumstances (fraud, legal error, jurisdiction issues). Personal disagreement is not grounds to stop a divorce.
❌ “Getting divorced means everything is settled—money, children, property.”
✅ Fact: Divorce ends your legal marital status, but it doesn’t resolve finances or child arrangements. You need separate legal agreements (e.g., Consent Orders, Child Arrangement Orders) to settle those matters formally.
Final Advice: Divorce Is the End of a Marriage, Not the End of Your Life
There’s no such thing as an “easy” divorce. But there is such a thing as a less damaging one. The law in England and Wales now recognises that sometimes, people grow apart. Sometimes, they change. Sometimes, they realise they want different things. That doesn’t have to mean war. And the legal process should not make things worse.
Whether you're the one filing or the one receiving notice, whether you’re still talking or barely communicating, you now have a legal system designed to make space for dignity, fairness, and healing.
Disclaimer: This article is for general informational purposes only. It is not legal advice. If you're considering divorce or need help with child arrangements or financial settlements, please contact a qualified family law solicitor.
