In England and Wales, a straightforward no-fault divorce often takes commonly around 36 weeks, although Court administration, service difficulties, unresolved finances and other complications can make the overall process longer.
This legal timetable includes a 20-week waiting period after the application for divorce has been made and before the Conditional Order can be applied for. After that’s been made there’s then a further period of at least six weeks before the Final Order can be applied for and the divorce granted.
What is no-fault divorce?
No-fault divorce was introduced in England and Wales in April 2022.
This change removed the need to prove adultery, unreasonable behaviour or a period of separation. In fact, these grounds no longer exist. You do still have to have been married for at least a year before an application for divorce can be made. That hasn’t changed.
Except in rare and very specific circumstances, one spouse can’t contest the other’s application for a no-fault divorce.
How long does a no-fault divorce take in the UK?
What is the minimum no-fault divorce timescale?
Usually a minimum of 30 weeks, calculated from the Court's issue (checking and processing) of the application, rather than necessarily from the date the application for the divorce is sent to the Court.
When does the 20-week waiting period begin?
This starts when the Court issues the divorce application.
Why can a no-fault divorce take longer than six months?
The common causes of delay are:
1. Court administration and the time taken to check and process applications
2. Service difficulties when the other spouse tries to delay or prevent the progression of the divorce by failing to respond to the application
3. Where financial matters haven’t been agreed or resolved and it’s not in the interests of the parties to be divorced until they are
Is a joint divorce application quicker than a sole application?
It’s unlikely to be so. Almost exactly the same procedure applies.
What are the stages of a no-fault divorce?
Stage 1: Decide whether to make a sole or joint application
After a year of marriage, either spouse may apply for a divorce. They can do this themselves (a sole application) or together (a joint application).
Where there is complete agreement about a divorce, and the spouses are amicable, then a joint application may be appropriate to maintain good relations and goodwill. A joint application requires a degree of cooperation and coordination, which of course can change over time.
It’s not unusual for that cooperation to be withdrawn or withheld, particularly if issues about money or children arise. In those circumstances a sole application or the conversion of a joint application to a sole application might be appropriate. The latter may delay the completion of the divorce.
Stage 2: Prepare and submit the divorce application
To start an application for divorce you’ll need your original marriage certificate or an official copy of it. If it’s not in English, for example because you got married abroad, you’ll also need an official translation of it into English.
You’ll also need to be able to pay the required Court fee (currently £628, but which changes from time to time) or have a valid fee exemption reference from the Court.
Once you’re ready, you can start your application. You’ll need to confirm that the marriage has irretrievably broken down (the ground for divorce) and other factual information about you and your spouse.
Once all that’s done, you ‘submit’ your application.
Stage 3: The Court issues the application
Once the application has been checked by the Court administration, it will be processed and ‘issued’. The issue date matters as this starts the Court timetable and the 20-week waiting period.
Stage 4: The application is served and acknowledged
For sole applications, the Court then sends (‘serves’) the application on the other spouse and they are required to respond to it (‘acknowledge’ it) within 14 days.
For joint applications, the Court notifies the other spouse of the application and asks that they confirm that they too wish to apply.
What happens if your spouse does not acknowledge the divorce application?
This is often where issues and delays arise. There are number of ways of progressing the application for divorce. This can be by having the other spouse personally served in order it can be proved that they’ve received the application or by asking the Court to conclude that they’ve received the application because of something they’ve said or done (‘deemed service’) or by serving someone else on their behalf (‘substituted service'). Here specialist advice is likely to be needed to avoid further delays and costs.
Stage 5: The 20-week waiting period
The purpose of this period is to be used constructively to address finances, children and practical arrangements. Most commonly it is during this period that agreements are reached in respect of family finances and agreements reached.
Stage 6: Apply for the Conditional Order
Once the 20-week period passed, the Court will notify the applicants that an application for Conditional Order can be made.
The Conditional Order confirms the Court sees no legal reason why the divorce cannot proceed but does not end the marriage. Under the old Law this was known as the decree nisi.
Once the application has been made and Court checks completed, a date will be set for the making of the Conditional Order.
Stage 7: The Conditional Order
On the date given, the Court will make the Conditional Order. There’s no need for anyone to go to Court for this. The Court will notify the parties once the order has been made and processed.
Stage 8: Wait at least six weeks and one day
This is the minimum interval between the Conditional Order and the Final Order.
Stage 9: Apply for the Final Order
Once this period has elapsed, the Court will notify the applicants that the Final Order can be applied for. Like the other stages, it’s not automatic.
Once applied for and checked by the Court, the Order is made, processed and sent to the parties.
The Final Order legally ends the marriage.
The Final Order is the same as the decree absolute under the old Law.
No-fault divorce timeline at a glance
| Stage | Earliest indicative timing |
|---|---|
| Application submitted and issued | Starting point |
| Service and acknowledgement | Shortly after issue |
| Application for Conditional Order | At least 20 weeks after issue |
| Conditional Order granted | Subject to Court processing |
| Application for Final Order | At lease six weeks and one day later |
| Marriage legally ends | When the Final Order is made |
What can delay a no-fault divorce?
The most common things that give rise to delays are mistakes in the application that need to be corrected before it can go ahead, problems serving the divorce papers, an uncooperative or unresponsive spouse, Court processing times and delays in resolving financial matters which mean that it’s not in the interests of one spouse or the other to apply for the Final Order.
What happens to arrangements for children during a divorce?
Child arrangements aren’t part of the divorce application. Further details can be found on the child arrangements page.
Can a no-fault divorce be completed more quickly?
Only in exceptional circumstances. For example, in the case of terminal illnesses where that spouse wished to be divorced before they died.
Do you need a solicitor for a no-fault divorce?
Although no-fault divorce has simplified the process of legally ending a marriage, important decisions still need to be made along the way. Early legal advice can help you avoid unnecessary delays and ensure that your wider interests are properly protected.
How Timms Solicitors can help with a no-fault divorce
When is specialist family law advice particularly important?
A divorce solicitor can help you avoid common mistakes and pitfalls, and protect your financial position.
This is especially so where there are significant assets, businesses, trusts, pensions, inherited wealth, overseas interests and complex income and where there are safeguarding concerns or where there is an uncooperative spouse.
Our experienced family law team at Timms can advise you on whether to make a sole or joint application, manage difficulties with serving the application or an unresponsive spouse, and guide you on the appropriate timing of the Final Order. We can also help you negotiate and formalise financial arrangements, including those involving pensions, businesses, property and other complex assets.
Where children are involved, our team can help you agree practical arrangements that place their needs at the centre of discussions. Throughout the process, you will receive discreet, clear and pragmatic advice tailored to your circumstances.
For further information or confidential advice about your divorce, financial arrangements or arrangements for your children, please contact us on freephone 0800 011 6666 or at legal@timms-law.com.
Frequently Asked Questions
Can you divorce if your spouse does not agree?
Yes. In England and Wales, one spouse can make a sole divorce application without the other’s agreement. A divorce can only be disputed on limited legal grounds, such as jurisdiction or the validity of the marriage.
Can your spouse refuse a no-fault divorce?
Your spouse cannot normally prevent a no-fault divorce simply because they do not want it. However, a failure to acknowledge the application may delay proceedings and require additional steps to prove service.
Can you apply for divorce before being married for one year?
No. You must have been married for at least one year before applying for a divorce in England and Wales.
Do you have to be separated before applying?
No. You do not need to have lived apart for a set period. You must state that the marriage has broken down irretrievably.
Does adultery affect a no-fault divorce?
Adultery does not need to be proved and will not usually affect the divorce process. In very limited circumstances, conduct may be relevant to financial or child arrangements, but specialist advice should be sought.
Does the person who applies for divorce pay all the costs?
The applicant usually pays the Court application fee initially. In a joint application, the couple can agree how to share it. Each person will normally pay their own legal costs unless another arrangement or Court order applies.
Can you withdraw a divorce application?
An application may be withdrawn before the Final Order, but the correct procedure depends on its stage and whether it was made solely or jointly. Legal advice can help clarify the implications, including any effect on costs.
Can you remarry after the Conditional Order?
No. A Conditional Order does not legally end the marriage. You can only remarry once the Court has made the Final Order.
When are you legally divorced?
You are legally divorced when the Court makes the Final Order, formerly called the decree absolute. It is important to retain a copy as evidence that the marriage has ended.
How long does a divorce take if both parties agree?
An amicable no-fault divorce still takes a minimum of around 30 weeks, due to the statutory waiting periods. Court processing times and unresolved financial matters can make it take longer.
