No-fault Divorce
Ending your marriage without blame
Since April 2022 you no longer have to accuse your husband, wife or partner of anything to get divorced. We guide you through the process and the decisions that matter most, your finances and your children.
“Osbornes have a first-class family law team providing an excellent service for their loyal clients.”
“Osbornes Law offers affluent clients representation in high-value, complex family matters.”
“Osbornes do some really complex work. The team are very solutions-focused, know the law and know when to take a firm line.”
Osbornes Law is a London family law team recognised in the independent legal directories, including the Legal 500 and Chambers UK. We help people across England and Wales end a marriage or civil partnership under the no-fault divorce rules, calmly and with as little conflict as possible.
What is no-fault divorce?
No-fault divorce lets you end a marriage without blaming the other person for the breakdown. You simply confirm that the marriage has broken down and cannot be saved. No evidence, no accusations, and no agreement about whose fault it was.
The rules changed on 6 April 2022, when the Divorce, Dissolution and Separation Act 2020 came into force. Before that date, unless you had been separated for at least two years, you had to rely on one of five “facts” to prove the marriage had broken down. That usually meant citing adultery or your spouse’s behaviour. The old system often raised the temperature at the worst possible moment, forcing one person to set out detailed complaints about the other before anything else could be discussed.
That requirement has gone. The only ground for divorce now is that the marriage has broken down irretrievably, and you confirm this in a statement of irretrievable breakdown. The court takes you at your word.
In this short video, our family lawyers Lisa Pepper and Yael Selig explain what no-fault divorce means in practice.
Video transcript: what is a no-fault divorce?
Note: This transcript is provided for accessibility and ease of reference.
Hi, Yael.
Hi, Lisa. We’re back again, and this time we’re going to discuss no fault divorce.
We’re often asked questions like, “He’s been adulterous” or “She’s been adulterous”, and clients want to know how that will impact their divorce.
Yes, and we’re also asked about behaviour, and whether that can be included in the divorce application. We call it a divorce application now, for many years it was known as a divorce petition.
Those days are gone. That change came with the reform introducing no fault divorce.
We often have to explain to our clients that, despite despicable behaviour by a spouse, unfortunately it does not affect the financial settlement.
That behaviour is no longer included in the divorce application at all. The only ground now is the irretrievable breakdown of the marriage.
This has been very helpful because it removes the sting. Historically, it used to raise the temperature when one spouse had to read detailed particulars of behaviour set out against them.
We don’t need to do that anymore. The process is much simpler, it’s no fault, and it allows us to roll our sleeves up and focus on other aspects of separation that are often more complicated, such as finances and children.
Exactly. It helps us move towards resolving those issues, while also managing clients’ expectations and explaining that behaviour is no longer something that needs to be particularised.
How no-fault divorce works
The process runs to a fixed timetable with two key stages. You can apply on your own or together with your spouse.
- Apply. One of you can apply on your own (you become the applicant, your spouse the respondent), or you can apply together as a joint application. You confirm the marriage has broken down irretrievably. The court fee is currently £612.
- The 20-week reflection period. You must wait at least 20 weeks from the start of the application before moving forward. This time is built in for reflection and to sort out the practical issues, your finances and your children.
- Conditional order. After the 20 weeks, you confirm you want to continue and the court issues a conditional order. This is the stage that used to be called the decree nisi.
- The 6-week wait. You then wait a further six weeks and one day.
- Final order. You apply for the final order, which legally ends the marriage. This was previously called the decree absolute.
Start to finish, the process takes a minimum of around 26 weeks, roughly six months, even when everything is agreed. You can read more in our guides on how to get a divorce and how long a divorce takes.
Can a no-fault divorce be disputed?
In almost all cases, no. Because there is no blame to argue about, your spouse cannot defend the divorce simply because they do not want it. The marriage will end once the process is complete.
A divorce can only be challenged on narrow legal grounds. These include a dispute about whether the courts of England and Wales have the power to deal with the case, a question over whether the marriage was legally valid in the first place, or an allegation of fraud. These situations are rare, but if jurisdiction is an issue, for example because you or your spouse live abroad, speak to our international divorce lawyers early.
Does no-fault divorce affect your finances or children?
This is the point many people misunderstand, and it matters. The divorce itself only ends the marriage. It does not divide your money or property, and it does not decide where your children live or how often they see each parent. These are dealt with separately.
Two things follow from that. First, the removal of fault has no real bearing on your financial settlement. How a couple behaved towards each other rarely changes how assets are divided. The court looks at needs, contributions and fairness, not blame. Second, you should not apply for the final order until your finances are sorted out, because ending the marriage before a financial order is in place can affect pensions and other entitlements.
We strongly recommend putting your agreement into a legally binding consent order so it cannot be reopened later. Arrangements for your children are handled in the same separate way, and most parents reach these without going to court. Our team can help you agree both, through negotiation or family mediation, and only ask a judge to decide if agreement proves impossible.
Why the law changed, and what it means for you
The old system could turn a sad situation into a hostile one before any of the real issues had been discussed. People who had simply grown apart still had to find someone to blame, and a spouse who objected could drag things out. The reform was designed to take that conflict out of the legal process. In practice, no-fault divorce offers several real advantages.
- Less conflict from the outset. Neither of you has to make accusations, so the divorce is less likely to start a fight that then spills into the discussions about money and children.
- You can apply together. A joint application lets both of you accept that the marriage is over and approach what comes next as a shared problem to solve.
- It can cost less. A divorce that nobody is contesting avoids the expense of fighting over the divorce itself. Your costs are then driven by the financial and children’s issues, not the paperwork.
- It is easier on children. Reducing conflict between parents protects children from being caught in the middle.
- It helps people in difficult relationships. For anyone who has experienced domestic abuse or fears their partner’s reaction, removing the need to make accusations, and the old ability of a spouse to refuse a divorce for years, takes away a tool that could be used to control them.
A no-fault divorce is not a “quickie” divorce. There is no such thing, and the 20-week period is deliberate. Used well, that time lets you reach sensible decisions so that the divorce and the settlement finish together.
What about civil partnerships?
The same no-fault rules apply to ending a civil partnership. The process is called dissolution rather than divorce, but it follows the identical timetable and stages, with a conditional order and then a final order. You can read more on our civil partnerships page.
Why choose Osbornes
Our family lawyers are known for resolving matters constructively rather than escalating them, which is exactly what the no-fault system was designed to encourage. The team is recognised in the Legal 500 and Chambers UK, and several of our lawyers are trained mediators and collaborative practitioners. That means we can often help you agree your finances and your children’s arrangements without a contested court hearing, keeping stress and cost down.
We act for clients across England and Wales, including those living overseas, and we are used to handling complex finances, international issues and high-value cases alongside the divorce itself.
★★★★★“Huge thanks to Lisa Pepper for managing my divorce efficiently and rapidly these past 12 months. Lisa did an excellent job of managing my expectations from the outset and moved very quickly and with clarity whenever something needed to happen. Her genuine commitment to a collaborative approach between the parties stands out in a field where so many peers focus on conflict and being combative. This all helps to keep stress for both sides (and fees) as low as possible in the circumstances.”
Speak to a divorce solicitor today
If you are thinking about divorce, talk to us before you start. Early advice on your finances and children can save a great deal of time, money and stress later. Call us on 020 7485 8811 or fill in the contact form below and one of our family lawyers will get back to you.
No Fault Divorce FAQs
How does no-fault divorce work?
You confirm that your marriage has broken down irretrievably, either on your own or jointly with your spouse. No blame or evidence is needed. After a minimum 20-week reflection period you apply for a conditional order, and six weeks later for the final order, which ends the marriage. The whole process takes around six months.
What is a conditional order?
A conditional order is a legal document that says that the court does not see any reason why you cannot divorce or dissolve a civil partnership.
Applying for a conditional order is the first stage of obtaining a divorce or dissolution of a civil partnership. Once you have obtained the conditional order, you can apply for the final order.
The conditional order is the new name for a decree nisi.
What is a final order?
The final order is the document that ends a divorce or civil partnership. It means the parties are free to enter into another marriage or civil partnership.
To apply for the final order you just need to complete and sign the relevant form and send it to the court office after the six week period of reflection.
The final order will be read out in court, but neither party is usually required to attend the hearing.
The final order is the new name for a decree absolute.
Can my husband or wife stop the divorce?
No. Under the no-fault rules a spouse cannot defend a divorce simply because they object to it. A divorce can only be challenged on limited legal grounds, such as a dispute about jurisdiction or whether the marriage was valid.
How long does a no-fault divorce take?
A minimum of about 26 weeks, or roughly six months, even when everything is agreed. This includes a 20-week reflection period after you apply and a further six weeks between the conditional order and the final order.
How much does a no-fault divorce cost?
The court fee for the application is currently £612. Solicitor costs depend on whether you need help with your finances and children’s arrangements, which are dealt with separately from the divorce. See our guide on how much a divorce cost.
Can we apply for divorce together?
Yes. You can make a joint application, where you both confirm the marriage has broken down. Alternatively one of you can apply alone. A joint application can set a more cooperative tone, but you can switch to a sole application later if needed.
Does it matter that my spouse had an affair or behaved badly?
It will not affect the divorce, because no reasons are given any more. In all but the most extreme cases, conduct also has little or no effect on the financial settlement, which is based on needs, contributions and fairness rather than blame.
Should I wait to finalise the divorce until the money is sorted?
Usually yes. Applying for the final order before a financial settlement is in place can affect pension rights and other entitlements. We will advise you on the right timing for your situation.
Does no-fault divorce apply to civil partnerships?
Yes. Ending a civil partnership follows the same no-fault process, known as dissolution, with the same conditional order and final order stages.
Melissa Arnold has a broad family law practice which encompasses high net worth divorce, financial remedy and nuptial agreement matters.
Maeve Lucey is good with clients and knows her stuff when it comes to money work.
They are very committed to their clients. They go above and beyond what is expected.
Osbornes has a well-equipped and strong team of expert lawyers working at the top of their game to provide exceptionally high-quality representation to clients.
The firm is packed with experience.
Novel points of law are quickly noticed and there is appetite and ability to attack difficult cases.
Osbornes Law's family team has a notable focus on Hague Convention proceedings.
A very responsive team with great communication skills who like to work collaboratively on a case.
The team is excellent and can cover a range of issues.
Osbornes Law offers affluent clients representation in high-value, complex family matters.
Osbornes do some really complex work. The team is very solutions-focused, know the law and know when to take a firm line.
Osbornes' solicitors know what their client needs are on each day as it’s an emotional and difficult journey. They are always there, 24/7.
Osbornes has a culture of dedication to clients and hard work.
The firm is very capable at dealing with complex and difficult cases with strong pragmatism and client handling skills.
It is a team of highly skilled and experienced lawyers which means it has the ability to assist clients in all areas of family law
Osbornes is an impressive team of lawyers and really well led.
Lisa brings an ‘A-class act’ when mediating in areas of financial remedy work and cases involving children.
Lisa Pepper is the ’go-to’ for all types of mediation - hybrid, shuttle, full and half days.
Lisa has a knack of focusing on the important issues and steering a path towards resolution.
Lisa Pepper is an excellent mediator, whom I have no hesitation in recommending to clients as she is extremely knowledgeable and supportive.
Lisa Pepper is one of the London stars, managing tough cases with kindness and deep knowledge. She's one of the capital's go-to.
Lisa Pepper is a terrific mediator. She is warm, engaging and has years of skill and experience behind her. A class act.
Lisa Pepper advises on cross-border cases involving clients and assets in Switzerland, France, and Antigua.
Lisa Pepper is unflappable, enormously conscientious and great for cases with a tricky children and financial dimension effortlessly between Gibraltar, Spain and English jurisdictions.
Osbornes are one of the few firms in London that are able to offer a high level of expertise across the family law spectrum, whether children or finances or public or private law.
The firm is adept at pre- and post-nuptial agreements and also has a niche confiscation practice.
Osbornes‘ family team handles divorce and financial matters involving trusts, locating assets within companies, and resolving multijurisdictional issues.
They are a full-service team dealing with both children and money.
Osbornes has a culture of dedication to clients and hard work.
Osbornes do some really complex work. The team is very solutions-focused, know the law and know when to take a firm line.
Osbornes' solicitors know what their client needs on each day as it’s an emotional and difficult journey. They are always there, 24/7.
Osbornes offers a high level of client care and manages client expectations realistically.
They have a strong team, are heavyweights in this space and are very well respected in the courts.
Osbornes handle a significant amount of complex, high-value divorce work.
Osbornes have talented fee-earners at all levels.
Osbornes is a top-end firm, a very well-established name. They have high-value matters, deal with complex matters and have a good team.
I have found the team at Osbornes works very well together to diligently produce a quality end result. Client service has been excellent and I feel like I am in safe hands.
Osbornes is a power house of a family firm. They are robust but realistic and client focused.
Osbornes has lawyers with excellent experience.
Lisa's substantial insight into financial disputes involving high-net-worth individuals is where her skills lie.
Yael Selig is bilingual in Spanish and English. She is the go-to person for divorce cases involving Gibraltar particularly, or Spain.
Lisa pepper heads the Mediation team and she is often mediating for high-net-worth individuals in both financial and private children matters.
Lisa Pepper is particularly recognised for her role as a mediator in complex cross-border disputes. Her practice also includes handling prenuptial agreements and issues arising from divorces. She is additionally skilled in Schedule 1 and other child arrangement matters.
Mark Freedman frequently takes on high-value financial and children proceedings that involve complex tax, trust and accounting issues.
"Andrew Watson is respected and tenacious in matrimonial finance. You would want him on your team."
"David Leadercrammer is such an experienced wonderful lawyer who you would want on the other side of your case. He’s sensible, pragmatic and hugely experienced in money and children cases."
Andrew secured me the best financial settlement for my claim. He is a credit to Osbornes Solicitors.
"Lisa Pepper was recommended to me as non-nonsense and able to help me with a difficult and confrontational divorce. She more than lived up to that – she was practical, collected and always available with a clear opinion and suggestions of how to move forwards. She also was open and helpful about costs and how to mitigate them"
"Mark Freedman is a very capable lawyer, renowned for not being a pushover and pushing his clients’ cases as much as he can, but will always talk sensibly about settlement. He is among the best – tenacious, good judgment and tactically aware."
"Mark Freedman is a dynamic and highly experienced family lawyer who fights extremely hard for his clients and is always in their corner, thus ensuring their loyalty and confidence. In a trial you would always want him on your side."
"She has impressed me as someone who fights my corner but also understands the importance of resolving issues without unnecessary escalation. She is calm and reassuring."
"Her mediation practice is exceptional; she is also a great solicitor and has a breadth of skill which is really useful."
"He is really experienced and wise. He has a lovely manner about him and clients feel safe with him."
"Jo Wescott is top notch and widely recognised as a rising star throughout the profession. She brings a winning combination of great judgement, an immense work ethic, and a relaxed and charming way with opponents and clients alike. Someone you want on your side”
"Osbornes is pre-eminent for family law in North London. Mark Freedman is a real rainmaker. He is an excellent lawyer and has a top-notch practice"
Mark Freedman is intelligent and personable and has a good selection of high-net work cases.
"Exceptional value for money. Highly competent and reasonably priced. Mark Freedman: one of the best in the field."
"Client-focused. Ready to fight the clients’ corner, but also ready where possible to steer client from unnecessary dispute. Mark Freedman – very experienced, with good instinct for the eventual result. Clients love him and he thinks ahead and directs the client to the best result for the client."
Mark Freedman is a serious player. A fearless family law litigator, who protects his clients’ interests passionately.
Breadth of knowledge and willingness to go the extra mile is what makes it stand out. Mark Freedman – devoted to his clients
Mark Freedman frequently takes on high-value financial and children proceedings that involve complex tax, trust and accounting issues. Sources praise the "tenacity and common sense" he brings to challenging disputes.
"Mark is very experienced, competent, good with clients and takes a sensible approach to cases. He knows exactly what he's doing."
"An exceptional outfit. They take on difficult cases, fight hard and win."
"The team frequently deals with cross-border estates for high–net-worth individuals."
"Mark Freedman is a real heavyweight litigator who has dealt with some very significant cases."
"Mark Freedman boxes clever, keeps his powder dry and when it comes to the end game he negotiates a really good deal."
"Mark Freedman has a specific focus on high-net-worth divorces and finance cases where there are overseas assets and trusts."
"Lisa Pepper somehow manages to get parties to settle on matters where there isn’t much hope to start out with."
"Well-regarded family practice assisting clients with substantial matrimonial disputes and sensitive children proceedings."
"Mark Freedman draws acclaim for his work in high net worth divorce cases, including those involving company structures, family trusts and overseas assets."
"He never gives up. He fights for you to the end and has boundless energy."
Mark Freedman advises high-net-worth clients and knows his stuff.
Highly regarded for his experience as a litigation and mediation expertise, Mark Freedman is tenacious and determined. Clients really feel that he is fighting their corner.
Andrew handled a very complex, 3 year legal battle for me, with a tremendous amount of patience and professionalism. He is very approachable, always kept me up to date, by phone and e-mail, and responded very quickly to my queries with excellent advice, sound strategic thinking and strong letters to put the other side under pressure. With top contacts for barristers, joint experts and mediation.
[The Family Law department] handles significant matrimonial finance cases and complex nuptial agreements. Respected for its expertise in cross-border children law matters.
Mark Freedman represents high net worth clients in complex financial disputes. Sources say that "he's a determined negotiator who'll always do the very best for his clients.
"Mark Freedman receives a lot of instructions from clients based abroad, often relating to complex divorce proceedings. Sources say: “His main strengths are his enthusiastic passion for the job in hand and his total dedication to his clients.”
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