With the implementation of the no-fault divorce regime in April 2022, the UK’s divorce process has become more straightforward and less adversarial. Under this new system, couples no longer need to assign blame or provide specific grounds for divorce. Instead, they can simply state that the marriage has irretrievably broken down.
The divorce process is as below:
Step 1 - the divorce application
You can apply for a divorce at any time, provided you have been married for one year and either you or your spouse live or have lived in England and Wales during the last year.
You start a divorce you submit an application ordinarily on the online court portal with a declaration that your marriage has broken down irretrievably. You can apply for a divorce by yourself (sole applicant) or make a joint application with your ex-spouse (joint applicants).
If you apply as a sole applicant, a copy of your application will be sent to your spouse (thereafter known as the respondent), who should complete an acknowledgment of service within 14 days.
If you apply as joint applicants, you will both need to check and agree the details before your application is issued and each file an acknowledgment. If you disagree or feel the other applicant is causing unreasonable delays, you can switch to a sole application further down the line (but you cannot switch back to joint application).
Step 2 - responding to a divorce application
Where your spouse as filed for divorce against you, you should ordinarily receive the divorce application within 28 days of it being issued by the court. If you are unsure how to complete and file the acknowledgment of service within the 14-day deadline, a solicitor can help you to do so.
Under the new law, it is difficult to dispute an application for divorce. You may be able to do so if there are queries about the validity of the marriage or a dispute over jurisdiction.
Step 3 - cooling off
After the application is issued, there is a “cooling off” period of 20 weeks before an application for the conditional order can be made – this period cannot be shortened, save for in very exceptional circumstances.
A conditional order means that the court accepts you are entitled to a divorce, but it does not mean your divorce is final. It is not finalised until you receive your final order.
Most use the waiting period to work with your spouse to try and reach an agreement in respect of the matrimonial finances (although this cannot be approved into a financial settlement – called a consent order – until a conditional order has been made).
Step 4 - conditional order
After the 20-week cooling-off period, your application you can apply for a conditional order and this application will be considered by the court and they will then provide a date for the conditional order to be made. This is normally issued electronically meaning there is no need to attend court in person.
Step 5 - final order
Six weeks and one day after the court makes the conditional order, you can apply to the court for a final order. The final order legally ends your marriage, and it is important you keep this document safe as you may need it in the future. If you are the respondent, you can apply after a further 3 months if the applicant has not done so.
What are the grounds for divorce in the UK?
In the UK, divorce is legally granted based on the demonstration of an irretrievable breakdown of the marriage.
Prior to April 2022, couples were required to establish one of five specific facts under the Matrimonial Causes Act 1973: adultery, unreasonable behaviour, desertion, two years of separation with consent, or five years of separation without consent. These grounds provided a framework for the courts to determine whether a marriage could be dissolved. This is no longer required.
Adultery and unreasonable behaviour
Adultery was one of the most commonly cited reasons for divorce. It involves one spouse having a sexual relationship with someone of the opposite sex, which can be a painful breach of trust. However, couples who continue living together for more than six months after discovering the adultery were unable to use it as a grounds for divorce. Unreasonable behaviour, another frequent ground, encompassed a wide range of actions, including physical violence, emotional abuse, neglect, and excessive drinking, which render it intolerable for the spouse to continue living together.
Desertion and separation
Desertion as a ground for divorce involved one spouse abandoning the other without consent or a valid reason for a continuous period of at least two years. This ground was the least used due to its stringent requirements. Separation was the other another significant basis for divorce, where couples could seek a divorce after living apart for two years with mutual consent or five years without consent. This allowed couples to dissolve their marriage even if they agree to live separately without attributing fault to either party.
Reforms and no-fault divorce
With the introduction of the Divorce, Dissolution and Separation Act 2020, which took effect in April 2022, the legal landscape for divorce in England and Wales underwent significant changes. The new law introduced a no-fault divorce system, removing the need to prove one of the five facts. This reform aimed to reduce conflict and simplify the process, enabling couples to state that their marriage has irretrievably broken down without attributing blame. This shift reflects a modern approach to divorce, focusing on resolution and minimising acrimony.
Grounds for civil partnership dissolution
In the UK, dissolving a civil partnership is similar to the process of divorce for married couples and you have to state your partnership has irretrievably broken down and been in a civil partnership for more than 12 months.
The dissolution process
The process of civil partnership dissolution is the same as the divorce proceedings above.
Impact of grounds for divorce/dissolution on financial settlements
The grounds for divorce generally had a limited impact on the financial settlements in divorce/dissolution proceedings. While the reasons behind the breakdown of a marriage, such as adultery or unreasonable behaviour, might influence the emotional dynamics of the process, they rarely affect the financial outcome. The courts in the UK primarily focus on achieving a fair division of assets rather than assigning fault. However, financial and personal misconduct can be considered in exceptional cases where such behaviour has significantly impacted the marital assets.
Considerations of financial misconduct
Instances of financial misconduct, such as excessive gambling, unjustified lavish spending, or placing assets beyond reach, may influence the court's decision in financial settlements. If one spouse’s actions have diminished the marital assets or placed an undue financial burden on the other party, the court may take this into account. For instance, if a spouse deliberately dissipates assets to reduce the share available for division, the court may adjust the settlement to ensure fairness. Nevertheless, this is only done in exceptional cases where the misconduct is severe and demonstrably affects the financial standing of the parties.
No-fault divorce: A significant shift in UK divorce law
No-fault divorce, introduced in England and Wales on April 6, 2022, represents a transformative shift in how couples can dissolve their marriages. Under this system, spouses no longer need to assign blame or provide specific reasons such as adultery or unreasonable behaviour to justify the end of their marriage. Instead, they can submit a joint or individual statement of irretrievable breakdown, simplifying the process and reducing potential conflict.
This change reflects a modern understanding of marital breakdowns, recognising that not all divorces stem from fault or misconduct. By eliminating the need for blame, the no-fault divorce system fosters a more amicable environment, making it easier for couples to navigate the legal dissolution of their marriage while potentially minimising emotional distress and financial strain.
What were the 5 grounds for divorce in the UK?
The five grounds for divorce in the UK were adultery, unreasonable behaviour, desertion, two years separation with consent, and five years separation without consent. The new no-fault divorce allows couples to simply state irretrievable breakdown.
What is the new divorce law in the UK in 2025?
The new divorce law, effective from 2022, simplifies the process by allowing couples to cite the irretrievable breakdown of marriage without assigning blame. This eliminates the need to prove fault or specific reasons, making divorce less contentious.
Do I need to give a reason for divorce?
Under the no-fault divorce system, you no longer need to provide a specific reason for seeking a divorce. You simply state that the marriage has irretrievably broken down, and the process can proceed after one year of marriage.
In conclusion, the grounds for divorce in the UK have evolved significantly, particularly with the introduction of the no-fault divorce system in 2022. The new law allows couples to dissolve their marriage without the need to assign blame, fostering a less adversarial process. The reforms aim to make divorce more straightforward and less stressful, focusing on the irretrievable breakdown of the relationship rather than fault. This shift marks a positive change in how the UK handles marital dissolution, prioritising fairness and emotional well-being.
If you’re considering divorce or the dissolution of a civil partnership, our expert divorce solicitors are here to guide you through every step of the process — from the initial application to financial settlements. Contact us today on 0161 696 6193 for clear, compassionate legal advice tailored to your situation.
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