If you are considering divorce, you may have heard the term no-fault divorce but still feel unclear about what it actually involves, how long it takes, and what happens at each stage. In this comprehensive guide, Emerald Law’s Head of Family & Non-Court Resolution, Angie Brown, explains exactly what a no-fault divorce entails and what you need to consider.

If you are seeking advice on your divorce, you can get in touch Angie directly to book an appointment.

What Is No-Fault Divorce in the UK?

No-fault divorce was introduced in England and Wales in April 2022. It allows married couples to divorce without blaming one another for the breakdown of the marriage. Before no-fault divorce, married couples were forced to prove the breakdown of their marriage by blaming one of five ‘grounds’, or by proving long separation.

Under the new no-fault system:

• There is no requirement to prove adultery, unreasonable behaviour or desertion
• One or both spouses can apply
• The court does not investigate who is at fault
• The only legal ground for divorce is that the marriage has irretrievably broken down

This approach is intended to reduce conflict and allow couples to focus on resolving practical matters, such as finances and arrangements for children.

How Does the No-Fault Divorce Process Work?

A no-fault divorce follows a structured legal process, with set stages and minimum timeframes. The stages of a no-fault divorce are:

1. Submitting the Divorce Application

The divorce process begins when an application is submitted to the court. This can be:

• A joint application, where both spouses apply together; or
• A sole application, where one spouse applies independently

At this stage, the application simply confirms that the marriage has broken down irretrievably.

2. The 20-Week Reflection Period

Once the application has been issued by the court, there is a mandatory 20-week waiting period. While 20 weeks can seem like a long time, and it is, this period is intended to:

• Allow time for reflection
• Encourage discussion and agreement
• Enable progress on financial settlements and child arrangements

Although divorce itself cannot be finalised during this time, it is often the most important phase for resolving financial matters.

If you are seeking advice for resolving your financial matters, we can help. Get in touch today.

3. Applying for the Conditional Order

After the 20-week period has passed, an application can be made for a Conditional Order (previously known as Decree Nisi).

A Conditional Order is a legal document that is issued by the family court that confirms they provisionally agree with the divorce but does not yet make the divorce final.

4. The Final Order (Legal End of the Marriage)

Six weeks and one day after the Conditional Order, an application can be made for the Final Order (formerly Decree Absolute).

Once the Final Order is granted the marriage is legally ended.

It is often advisable not to apply for the Final Order until financial matters have been formally resolved.

How Long Does a No-Fault Divorce Take?

In most cases, a no-fault divorce takes a minimum of around six months from application to Final Order.

However, the overall timeframe can be longer if:

• Financial matters are complex
• Agreement cannot be reached
• Court applications are required

It’s important to remember that a divorce itself does not automatically resolve finances or child arrangements, which often take longer than the divorce process. These matters must be resolved separately.

What Happens with Finances During a No-Fault Divorce?

No-fault divorce changes how you divorce, but not how finances are dealt with.

Financial issues may include:

• The family home or other property
• Savings and investments
• Pensions
• Business interests
• Ongoing maintenance

For individuals in their 40s and beyond, pensions and long-term financial security are often key considerations. A legally binding financial consent order is usually required to achieve finality and protect future assets.

What About Children?

Similarly to financial matters, divorce proceedings do not automatically determine arrangements for your children or dependants.

Parents are encouraged to agree on:

• Where children will live
• How time will be shared
• How decisions will be made

Where agreement cannot be reached, mediation or court involvement may be necessary. The court’s primary concern will always be the best interests of the child.

Do You Need a Solicitor for a No-Fault Divorce?

It is possible to apply for a no-fault divorce without legal representation. However, many people choose to instruct a divorce solicitor, particularly where:

• There are children involved
• Property or pensions need to be divided
• One party has significantly greater financial knowledge
• The divorce follows a long marriage

Legal advice can help ensure:

• Your financial position is protected
• Proper orders are put in place
• Mistakes are avoided at critical stages

No-Fault Divorce and Later-Life Separation

Divorce later in life often raises different concerns to divorce earlier in a marriage. These may include:

• Retirement planning
• Division of pensions
• Housing options
• Adult children and extended family dynamics

Early legal advice can be particularly valuable in navigating these issues sensitively and pragmatically.

Divorce Solicitors in Liverpool – How We Can Help

If you are considering divorce and are based in Liverpool or the surrounding areas, our family law team can guide you through the no-fault divorce process with clarity and discretion.

We provide advice on:

• The divorce process from start to finish
• Financial settlements and consent orders
• Pensions and property
• Arrangements for children

Our aim is to resolve matters efficiently while protecting your long-term interests.

If you would like advice tailored to your circumstances, please contact our Liverpool divorce solicitors on 0151 229 1170 or make an enquiry below to arrange a confidential initial discussion.