The legal framework
The Divorce, Dissolution and Separation Act 2020 came into force on 6 April 2022, removing fault entirely in England and Wales: one or both spouses simply state that the marriage has broken down irretrievably, and it cannot be contested. Scotland has its own rules, and Northern Ireland retains the older fault-based framework.
Key points
| England and Wales | No-fault statement; 20 weeks before the conditional order, then 6 weeks before the final order |
|---|---|
| Joint applications | Possible, a novelty of the 2022 reform |
| Contesting | Effectively abolished, except on jurisdiction or validity grounds |
| Scotland | One year's separation with consent, two years without; fault grounds also remain |
| Northern Ireland | Still requires a fact such as adultery, unreasonable behaviour or separation |
| Money | Dealt with separately from the divorce itself: financial remedy proceedings, pension sharing orders, clean break where possible |
| Pensions | Often the largest asset after the home, and routinely shared |
| No-fault since 2022 | Blame was removed in England and Wales; a statement of irretrievable breakdown is enough |
| Minimum timetable | Twenty weeks to conditional order, then six weeks and a day to final order |
| Finances are separate | The divorce does not end financial claims; only a court order does |
In practice
- Apply online; the court fee is payable unless you qualify for help with fees.
- Deal with finances by consent order — a divorce alone does not end financial claims.
- Mediation information meetings are normally required before a financial application, unless there has been domestic abuse.
- Get a pension sharing valuation before agreeing anything.
- Obtain a financial order even if you agree: without one, claims survive the divorce indefinitely.
- Delay the final order if pension sharing is being negotiated — timing affects entitlements.
Cost and coverage
Court fee for the application, plus legal costs. Legal aid for family matters in England and Wales is largely restricted to cases with evidence of domestic abuse.
Recent changes
The 2022 reform ended the practice of inventing allegations of behaviour to obtain a quicker divorce, which had been criticised for decades.
Where to go
- GOV.UK online divorce service.
- Family mediation services and the family mediation voucher scheme.
- Citizens Advice and Rights of Women for free guidance.
Worth knowing
Ending the marriage does not end financial claims: without a court-approved consent order, an ex-spouse can bring a claim years later, including against assets acquired after the divorce. Applying for the final order before the finances are settled can lose a widow's pension entitlement. Sequence the two deliberately.
Official sources and links
- GOV.UK — official portal for public services and rights
- legislation.gov.uk — the statute book as enacted and revised