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In England and Wales, you no longer need to prove adultery, unreasonable behaviour or a period of separation to get divorced. The no-fault system introduced on 6 April 2022 allows an application based on a statement that the marriage has broken down irretrievably.
Which rules does this guide cover?
This article covers England and Wales. Scotland and Northern Ireland have different divorce procedures. Information was checked against official guidance on 19 October 2026; get advice about your own circumstances before making legal or financial decisions.
What happened to the old grounds for divorce?
Under the previous system, applicants relied on one of five facts to demonstrate that a marriage had broken down. Those requirements are no longer the basis for new divorce applications in England and Wales. The government’s explanation of the 2022 reform sets out the change.
This matters when reading older articles: an explanation that tells you to prove fault or wait for years of separation may describe the previous law.
Who can apply, and can you apply together?
The GOV.UK divorce guide says you must have been married for over a year, your relationship must have permanently broken down and your marriage must be legally recognised in the UK. The guide also explains jurisdiction requirements and directs readers to the separate Scottish and Northern Irish processes.
You can make a sole application, or a joint application if you both agree. Read the official advice before applying, particularly if one person will not cooperate or there is a risk of domestic abuse. A joint application is not appropriate for every couple.
How long does the process take?
There are two main court stages. You normally wait at least 20 weeks after the court issues the divorce application before applying for a conditional order. That order does not end the marriage.
After the conditional order is granted, you must wait at least 43 days, or six weeks and one day, before applying for the final order. The marriage ends when the final order is made. These are minimum waiting periods, not a promise that every divorce will finish in 26 weeks; GOV.UK says the process normally takes at least seven months.
What about children, the home and money?
A divorce application does not itself settle every question about parenting arrangements, maintenance, pensions or property. Work through those issues separately, with advice where needed. Before applying for the final order, consider whether financial arrangements need to be made legally binding: the official guidance says to apply for a financial order before finalising the divorce.
For parents, keeping a separate list of decisions about the children can make discussions more manageable. Include everyday arrangements as well as longer-term questions you need professional help to resolve.
Editorial update: This replaces a January 2022 article containing commentary from Nichola Bright of Myerson. The updated guide was prepared from official sources and has not been reviewed by that contributor.
