Divorce is rarely easy, but the law governing it in England and Wales has finally caught up with common sense. For decades, couples had to play a blame game, citing ‘fault’ like adultery or unreasonable behaviour, often adding unnecessary bitterness to an already painful process.
That era is over. The introduction of No-Fault Divorce in April 2022 fundamentally changed how couples can end their marriage.
If you’re considering separating, you likely have three main questions: What exactly is no-fault divorce, how do you navigate the online process, and critically, how do you deal with children and finances at the same time?
Here is your essential guide to understanding the modern divorce journey.
1. The End of the Blame Game: What is No-Fault Divorce?
Before 6 April 2022, a person applying for a divorce had to prove their marriage had broken down by citing one of the ‘five facts.’ Three of those facts involved blaming your spouse—adultery, unreasonable behaviour, or desertion.
This requirement often forced couples to make allegations they didn’t want to make, simply because the alternative was waiting two to five years for a separation-based divorce.
The No-Fault Difference:
Simply State Irretrievable Breakdown: Since the Divorce, Dissolution and Separation Act 2020 (DDSA 2020), an application simply states that the marriage has broken down irretrievably. No evidence is required.
No Contesting the Divorce: It is no longer possible for a spouse to dispute the divorce by claiming the marriage hasn’t broken down. Disputes are limited to rare issues like the court’s jurisdiction or the validity of the marriage.
New Terminology: The old terms are gone. The “divorce petition” is now the Application, the “decree nisi” is the Conditional Order, and the “decree absolute” is the Final Order.
The core takeaway? No-fault divorce removes conflict from the process, allowing you to focus on the more important issues of children and finance.
2. Going Digital: How the Online Divorce Process Works
The process is largely administrative and online, meaning you usually won’t have to go to court. This makes the procedure simpler and quicker, provided your spouse does not dispute the limited grounds available.
Stage 1: The Application
Who Can Apply: Either one person (a sole application) or both parties together (a joint application) can start the process. A joint application means you are equally responsible for progressing the case.
The First Step: You file the application using the HMCTS online system. You will need your original marriage certificate and must pay the court fee.
Jurisdiction: You must have been married for at least a year and meet certain residency or domicile conditions in England and Wales.
Stage 2: Service and Acknowledgment
Sole Application: The court sends the application to the respondent (your spouse) along with a form called the Acknowledgment of Service.
Respondent’s Duty: The respondent has 14 days to return this form, stating whether they intend to dispute the proceedings (which, as noted, is rare). If they don’t dispute it, their involvement in the process may end there.
Joint Application: The court sends a Notice of Proceedings to both parties, who must both acknowledge receipt within 14 days.
Stage 3: The Conditional Order (The Waiting Period)
20-Week Wait: A minimum of 20 weeks must pass from the date the application was issued before you can apply for the Conditional Order.
Applying: The applicant(s) confirm to the court they wish to proceed.
What it Means: The Conditional Order confirms the court agrees you are entitled to a divorce, but the marriage is not legally dissolved yet. You do not need to attend court for this to happen.
Stage 4: The Final Order (The Finish Line)
The Wait: A further minimum of six weeks must pass after the Conditional Order is made.
Applying: The applicant can then apply for the Final Order.
What it Means: The Final Order formally ends the marriage.
3. The Smart Way: Integrating Mediation and Divorce in Tandem
The biggest change in the new law isn’t the paperwork—it’s the 20-week minimum timeframe between starting the divorce and applying for the Conditional Order. This is officially known as a “period of reflection,” and it’s your golden opportunity to resolve the critical issues.
The divorce process is separate from arrangements for children and finances, but they should be managed simultaneously.
Using Mediation Effectively During the 20-Week Period
Mediation is the recommended method for agreeing on the arrangements for children and the division of assets (property, pensions, savings, debt).
Book Your First Meeting with a Mediator: Your first step should be to contact a mediator and book a First Meeting. At that meeting, the Mediator will explain all the various non-court routes to resolution that you can take and will explain how Mediation works in practice.
Focus on Disclosure: For financial mediation to be successful, both parties must provide full and honest financial disclosure. Use this time to gather bank statements, pension information, pay slips, and valuations.
Finalise the Agreement: Once you have reached a settlement in mediation, the mediator will draft a document called a Memorandum of Understanding (MOU). This is not legally binding but is the blueprint for your final agreement.
Draft a Consent Order: You must then instruct a family lawyer to turn the MOU into a formal Consent Order. This document is submitted to the court (alongside your Conditional Order application or shortly after) for judicial approval, making the agreement legally binding.
By initiating mediation as soon as you file your online divorce application, you maximise the chance of having your financial agreement ready for the court to approve shortly as soon after the 20-week period ends as possible. This smooth, integrated approach is the fastest and least acrimonious way to navigate the entire separation.
4. Final Considerations
Minimum Total Time: Your divorce will take a minimum of 26 weeks (20 weeks to Conditional Order + 6 weeks to Final Order). But a successful divorce is one where the financial and children issues are settled just as quickly.
Wills and Finance: Remember that getting your Final Order will revoke certain provisions in your Will regarding your former spouse. Ensure you revise your will before finalising the divorce.
No-fault divorce empowers you to manage the end of your marriage with dignity and speed. By treating the 20-week reflection period as an active time for mediation, you can achieve a move fast through a difficult phase.