No-Fault Divorce: What Changed and Why It Matters

The Divorce, Dissolution and Separation Act 2020 brought the most significant reform to divorce law in England and Wales in over 50 years. Before April 2022, a spouse seeking a divorce without waiting up to five years for a separation-based petition was required to cite one of three fault-based facts: adultery, unreasonable behaviour, or desertion. This system forced many couples into adversarial proceedings at a point when cooperation — particularly around children and finances — was most needed.

Under the current law, neither party needs to attribute blame to obtain a divorce. A sole applicant or both spouses jointly can apply on the sole ground that the marriage has irretrievably broken down, without providing any supporting reason. The court is required to accept this statement and cannot contest it.

This is a significant shift. It means:

• Divorce proceedings are less likely to inflame conflict between parties
• Joint applications are now possible, allowing couples to manage the process together
• The focus moves away from fault and toward the practical outcomes — finances and children

If you were previously told that divorce would require proving fault or waiting years, the law has changed substantially. Our solicitors will explain exactly where you stand under the current framework.

The Divorce Process: Step by Step

Step 1 — Legal Eligibility

Before applying for a divorce, certain eligibility criteria must be met:

• You must have been married for at least one year
• The marriage must be legally recognised in England and Wales
• At least one spouse must be domiciled in England or Wales, or have been habitually resident here for at least 12 months immediately before the application

Civil partnerships follow a broadly equivalent process under the same legislation.

Step 2 — The Divorce Application

The application is submitted to the Court Service (HMCTS), either online or by post. It can be made:

• Solely — by one spouse alone
• Jointly — by both spouses together

For sole applications, the other party (the Respondent) must be formally served with the divorce papers and given the opportunity to acknowledge service. For joint applications, both parties are equally involved throughout.

Our solicitors prepare your application thoroughly, ensuring it is filed correctly and that service is properly managed to avoid unnecessary delays.

Step 3 — The 20-Week Reflection Period

Once the application has been issued by the court, there is a mandatory 20-week waiting period before the Conditional Order can be applied for. This period exists to allow both parties time to reflect on the decision, and to make arrangements regarding finances and children if those matters are not already resolved.

This waiting period cannot be shortened. However, it is not dead time — it is often the most productive phase for negotiating financial settlements and formalising child arrangements. We use this period strategically on your behalf.

Step 4 — Conditional Order

After the 20-week period has elapsed, the applicant (or both parties in a joint application) can apply for the Conditional Order. This is the court’s confirmation that there is no legal reason why the divorce cannot proceed. It was previously known as the Decree Nisi.

For sole applications, the Respondent is not required to take any action at this stage unless they intend to oppose the divorce — which, under no-fault divorce, is only possible in very limited circumstances (such as disputing the court’s jurisdiction, not the breakdown of the marriage itself).

Step 5 — The 6-Week Cooling-Off Period

After the Conditional Order is pronounced, a further minimum period of 6 weeks and 1 day must pass before the Final Order can be applied for.

Step 6 — Final Order

The Final Order — previously the Decree Absolute — is the legal document that ends the marriage. From this point, both parties are legally single and free to remarry.

Important: We strongly advise clients not to apply for the Final Order until a financial consent order has been approved by the court. Once the Final Order is granted, certain financial rights — particularly in relation to pension and inheritance — may be affected or extinguished. Rushing to finalise the divorce before the financial settlement is secured can have lasting consequences.

Types of Divorce Situations We Handle

Uncontested Divorce

The majority of divorces proceed on an uncontested basis — both parties accept that the marriage is over and cooperate through the process, even if they disagree on the financial or child arrangement details. An uncontested divorce is generally the fastest and most cost-effective route, and our solicitors manage the full process on your behalf with minimal disruption to your daily life.

Contested Divorce

Since the introduction of no-fault divorce, it is no longer possible to contest the irretrievable breakdown of a marriage. A Respondent who refuses to participate cannot prevent a divorce from proceeding. However, there are limited grounds on which the process itself can be challenged — for example, disputing the court’s jurisdiction, or arguing that the marriage was never legally valid.

Where genuine legal disputes arise within divorce proceedings, our solicitors are experienced in dealing with them robustly and efficiently.

High-Net-Worth Divorce

Divorces involving significant assets — multiple properties, business interests, substantial pension funds, offshore assets, trusts, or inherited wealth — require a level of financial analysis and legal strategy that goes beyond standard proceedings.

In high-net-worth cases, we work closely with:

• Forensic accountants to scrutinise business valuations and financial disclosure
• Pension actuaries to advise on pension sharing and attachment orders
• Independent financial advisers to model the long-term impact of proposed settlements
• Specialist counsel where the complexity of the case warrants it

The stakes in these cases are high. The quality of your legal representation directly affects the outcome.

Divorce Involving Business Interests

Where one or both spouses own a business — whether a sole tradership, partnership, or limited company — the valuation and treatment of that business within the divorce is often the most contested issue in the entire proceedings.

Courts can order that a business be valued, that shares or assets be transferred, or that a lump sum be paid representing one party’s share of the business value. Business owners often fear that divorce will force them to sell or dismantle what they have built. With the right legal strategy, it is frequently possible to structure a settlement that preserves the business while fairly compensating the other spouse.

Divorce with International Elements

Where one or both spouses are domiciled abroad, own property overseas, or where the marriage took place outside England and Wales, the question of which country’s courts have jurisdiction becomes critical. Different jurisdictions apply different rules on financial division, and the outcome can vary dramatically depending on where proceedings are issued.

We advise on jurisdictional strategy in international divorce cases and, where necessary, work with legal specialists in other jurisdictions to protect our clients’ positions.

Divorce After Long Marriage

Long marriages — typically those of 20 years or more — are treated differently by the courts when it comes to financial settlement. The principle of equality carries greater weight, and the courts are more likely to divide matrimonial assets on a 50/50 basis, regardless of who earned more during the marriage. Non-financial contributions — including raising children and supporting a spouse’s career — are recognised and valued. We ensure those contributions are properly reflected in the settlement you receive.

Divorce After Short Marriage

Short marriages present a different set of considerations. The courts are more likely to take into account assets brought into the marriage and the principle of “needs” rather than strict equality. Pre-marital assets, inheritance, and gifts may be ring-fenced to a greater degree. We advise on the realistic range of outcomes in short marriage cases and negotiate accordingly.

Divorce and Finances: Why You Must Secure a Financial Order

One of the most important — and most frequently misunderstood — aspects of divorce law is the relationship between the divorce itself and the financial settlement.

The Final Order ends the marriage. It does not automatically resolve or extinguish financial claims between former spouses. Without a court-approved financial consent order or financial remedy order in place, either party can make financial claims against the other at any point in the future — including years or decades after the divorce is finalised.

This risk is real. There are well-documented cases of former spouses making successful financial claims many years after divorce, where no clean break order was in place. A clean break order, once approved by the court, formally ends all future financial claims between the parties. It is not optional if you want genuine finality.

We handle financial remedy proceedings as an integrated part of the divorce process, ensuring that both matters progress together and that no loose ends are left behind.

Protecting Your Position Before and During Divorce

Matrimonial Home Rights

Where one spouse is not the legal owner of the family home, they have the right to register their home rights with the Land Registry, preventing the owning spouse from selling or remortgaging the property without their knowledge or consent. We advise clients on this protection at the earliest stage and take steps to register it where appropriate.

Freezing Orders and Injunctive Relief

Where there is a real risk that the other party may dissipate, conceal, or transfer assets to defeat a financial claim, the court has the power to grant freezing orders to preserve those assets pending resolution of the financial proceedings. We act swiftly in urgent asset protection situations.

Pension Considerations

Pensions are frequently the largest single asset in a divorce, yet they are routinely undervalued or ignored entirely by couples who handle their own divorces without legal advice. A pension sharing order or pension attachment order can form a critical part of a fair financial settlement, and the rules governing how pensions are divided are complex and require specialist input.

We ensure that pension assets receive proper attention in every case we handle.

Divorce and Children: Keeping the Focus Where It Belongs

Divorce proceedings and child arrangement disputes are legally separate processes, but in practice they almost always intersect. The decisions made about where children live, how often they see each parent, and how day-to-day decisions are made affect every aspect of life post-divorce — including where you can live, your financial needs, and your long-term plans.

We provide integrated advice on child arrangements as part of the divorce process, ensuring that nothing falls through the gaps between the two areas of law. Where a standalone child arrangements order is needed, our family law team handles it with the same level of care and precision.

Frequently Asked Questions About Divorce

Do both spouses need to agree to a divorce? No. Under no-fault divorce, one spouse can apply for a divorce without the other’s agreement. The Respondent cannot prevent the divorce from proceeding by refusing to participate — the court will proceed in their absence if necessary.

How much does a divorce cost? The court fee for a divorce application is currently £593. Legal fees on top of this will depend on the complexity of your case. A straightforward uncontested divorce with no financial or children disputes will cost significantly less than a contested financial remedy case. We provide transparent cost information from the outset so you can plan accordingly.

Can I get divorced if I don’t know where my spouse is? Yes, though additional steps are required. You will need to demonstrate to the court that you have made reasonable attempts to locate your spouse before the court will permit alternative methods of service or service by dispensation. We handle these applications regularly.

What is a clean break order and do I need one? A clean break order is a type of financial consent order that formally ends all future financial claims between divorcing spouses. Without one, those claims remain open indefinitely. In the vast majority of cases, obtaining a clean break order is strongly advisable regardless of whether significant assets are involved.

Can I change my name after divorce? Yes. Once the Final Order has been granted, you are entitled to revert to your previous surname using the Final Order as evidence of the name change. We can advise on the practical steps involved.

What if my spouse is hiding assets? If you have reason to believe that your spouse is not making full financial disclosure, there are legal mechanisms available to compel disclosure and to investigate concealed assets. The court takes non-disclosure seriously and can draw adverse inferences against a party found to be dishonest. We act robustly in cases where financial transparency is in question.

Does it matter who files for divorce first? In practical terms, being the Applicant rather than the Respondent has limited impact on the legal outcome of financial or child proceedings. However, there may be strategic considerations in certain cases — particularly in international divorce situations where jurisdiction is in dispute. We will advise you on the implications specific to your case.

Why Instruct K&A Solicitors for Your Divorce?

Same-Day Appointments We know that when you have made the decision to seek legal advice, waiting is the last thing you want to do. We offer same-day appointments for clients who need to act promptly, ensuring you receive clear legal guidance without unnecessary delay.

Straight-Talking Advice We will not tell you what you want to hear if it is not accurate. Our job is to give you a realistic assessment of your position, your options, and the likely outcomes — so you can make decisions with confidence rather than false hope.

Integrated Family Law Service Divorce rarely exists in isolation. Our solicitors handle the full picture — divorce, financial settlements, child arrangements, and protective orders — under one roof. You will not be passed between departments or left to coordinate different advisers yourself.

Manchester-Based, Locally Rooted Our office on Stockport Road is easily accessible from across South Manchester and the city centre. We act for clients in Levenshulme, Gorton, Longsight, Fallowfield, Didsbury, Chorlton, and throughout Greater Manchester.

Regulated and Accountable K&A Solicitors is regulated by the Solicitors Regulation Authority. You can be confident that the advice you receive meets the professional and ethical standards required of practising solicitors in England and Wales.

Take the First Step Today

Whether you are just beginning to consider your options or you are ready to proceed with a divorce application, our solicitors are here to help. We offer same-day appointments for urgent matters and straightforward initial advice on all divorce enquiries.

Call us: 01616606366 Visit us: 908 Stockport Road, Manchester, M19 3AD Online: kandasolicitors.co.uk

K&A Solicitors is regulated by the Solicitors Regulation Authority.