For most of the last fifty years, getting divorced in England and Wales meant proving your spouse had done something wrong, or waiting years. That changed on 6 April 2022, when no-fault divorce became law under the Divorce, Dissolution and Separation Act 2020.
It's one of the biggest changes to family law in a generation, and it means a divorce no longer has to start with an argument.
What it replaced
Under the old law, you had to prove the marriage had broken down using one of five "facts": adultery, unreasonable behaviour, desertion, two years' separation with your spouse's agreement, or five years' separation without it.
In practice, that pushed many couples into blaming each other on paper just to get divorced quickly, even when the split was mutual. Allegations of "unreasonable behaviour" could set a hostile tone before anyone had even talked about the children or the house.
How no-fault divorce works
Now you simply make a statement that your marriage has broken down irretrievably. The court accepts that statement as proof. No evidence, no blame, no need to describe what went wrong (GOV.UK).
To apply, you must have been married for at least a year, and your marriage must be legally recognised in the UK.
New names for the old steps
| Old term | New term | What it means |
|---|---|---|
| Petitioner | Applicant | The person applying |
| Decree nisi | Conditional order | The court sees no reason you can't divorce |
| Decree absolute | Final order | The marriage legally ends |
Applying alone or together
You can apply on your own (a sole application) or together (a joint application). Joint applications are a newer option, and they're growing. In April to June 2026, 27% of applications were joint (Ministry of Justice).
A joint application can feel like a fairer, calmer start, and on average it's quicker. But it needs both of you to engage at each stage. If one person stops responding, a joint application can be changed to a sole one later in the process.
The court no longer asks why your marriage ended. That question is yours to answer, in your own time.
Can a divorce be contested?
Almost never. Your spouse can only dispute the divorce on narrow legal grounds, such as whether the courts in England and Wales have jurisdiction, whether the marriage is legally valid, or fraud. Simply not wanting to be divorced isn't a ground the court will accept.
For anyone who has been stuck in a marriage because their spouse refused to cooperate, that's a significant change.
What hasn't changed
- Money and children are still separate. The divorce ends the marriage, but your finances and any arrangements for children still need sorting out, and that's where most of the hard work is.
- The court fee still applies. It's currently £628. See how much a divorce costs.
- It still takes time. There's a compulsory 20-week reflection period. Read how long a divorce takes.
Divorce in numbers
According to the Office for National Statistics, there were 102,678 divorces in England and Wales in 2023, the first full year of data under no-fault rules. For opposite-sex couples, the median length of a marriage that ended in divorce was 12.7 years (ONS).
Behind those numbers are a lot of people quietly reading up before they say anything out loud. If that's you, you're in good company.
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Get matchedCommon questions
Do I have to give a reason for my divorce?
No. Since 6 April 2022 you only need to state that the marriage has broken down irretrievably. You don't have to give evidence or blame anyone.
Can my husband or wife stop the divorce?
In almost all cases, no. A divorce can only be disputed on very limited grounds, such as whether the court has jurisdiction or whether the marriage is legally valid. Disagreeing with the decision to divorce isn't a reason the court will accept.
How long do you have to be married before you can divorce?
You need to have been married for at least a year before you can apply for a divorce in England or Wales.
What is the difference between a sole and joint application?
A sole application is made by one person. A joint application is made by both of you together. In April to June 2026, 27% of divorce applications were joint.
Sources
- legislation.gov.uk, Divorce, Dissolution and Separation Act 2020
- GOV.UK, Get a divorce
- Ministry of Justice, Family Court Statistics Quarterly: April to June 2026
- Office for National Statistics, Divorces in England and Wales: 2023
Keep reading
This guide is general information about divorce in England and Wales, not legal or financial advice. Laws, fees and figures change, so check the sources above and speak to a qualified professional about your situation. Facts checked 1 October 2026.