A clear guide to the no-fault divorce process under the Divorce, Dissolution and Separation Act 2020, from application to final order.
Since 6 April 2022, the only ground for divorce in England and Wales is that the marriage has irretrievably broken down. Under the Divorce, Dissolution and Separation Act 2020, you simply make a statement to that effect — you no longer need to attribute blame to your spouse or cite behaviour, separation periods, or adultery. The respondent cannot contest the divorce. The same framework applies to the dissolution of a civil partnership.
You can apply alone (a sole application) or together with your spouse (a joint application). Both are made online through the HMCTS divorce service. You will need your marriage certificate and to pay the court fee (currently £593, though fee remission may be available if you are on a low income). Joint applications remove the need for one party to serve papers on the other, which can make the process more straightforward where relations are amicable.
After the application is issued, there is a mandatory 20-week waiting period before you can apply for the conditional order (previously called the decree nisi). This period is fixed — it cannot be shortened even if both parties agree. The conditional order is the court's confirmation that it sees no reason why the divorce cannot proceed. In a joint application, both parties apply for the conditional order together; in a sole application, the applicant applies alone.
Once the conditional order has been made, you must wait a further six weeks and one day before you can apply for the final order (previously called the decree absolute). It is the final order that legally ends the marriage. The overall minimum is therefore roughly 26 weeks from start to finish, though in practice the process often takes longer due to court processing times. Until the final order is made you remain legally married.
Divorce itself only ends the marriage — it does not resolve how your finances or property are divided, nor does it settle arrangements for any children. Many family solicitors strongly advise against applying for the final order before financial matters have been resolved by a court-sealed consent order or a contested financial remedies order, because some financial claims can survive divorce if not formally dismissed. Family law is an area where specialist legal advice makes a real difference.
No. Under the current no-fault system your spouse cannot defend or block a divorce. They may file a response to the application, but the court will not refuse the divorce because the other party disagrees that the marriage has broken down.
You are not legally required to use a solicitor, and many people apply online without one. However, the divorce application itself is only part of the picture — resolving finances and arrangements for children are complex matters where specialist advice can be invaluable. The Counsel is an AI tool that provides legal information and can help you understand the process, but it does not replace a family solicitor and cannot give you legal advice on your individual circumstances.
The legal minimum is around 26 weeks (20 weeks to the conditional order, then 6 weeks and one day to the final order), but court processing times and the complexity of financial negotiations often mean the whole process takes considerably longer. If finances are contested, proceedings can extend to a year or more.
The Counsel is an AI tool for England & Wales. It provides legal information, not legal advice, and does not replace a regulated solicitor. For anything high-value or contested, take advice before you act.
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