Divorce in England and Wales: you no longer have to prove whose fault it was

Divorce in England and Wales has become much simpler in recent years. You no longer have to blame your husband or wife or find "grounds" like adultery: you simply confirm the marriage has permanently broken down. Here is who can divorce, how the process works and what it costs, based on gov.uk. (Scotland and Northern Ireland have their own rules.)

Who can apply for a divorce?

You can apply if you have been married for over a year and your relationship has permanently and irretrievably broken down. The marriage must be legally recognised in the UK (including same-sex marriage). You no longer need to prove fault or give reasons — that is the point of "no-fault" divorce. You cannot divorce in the first year of marriage, but you can arrange a legal separation or, in special cases, an annulment.

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Can you apply together?

Yes. You can apply jointly — together, if the decision is mutual — or on your own. A joint application is often calmer, but it is not required: with a sole application, the other spouse is simply notified that the process has begun.

How does the process work?

Divorce is done in stages. First you submit the application (usually online). Then there are two key stages: the court grants a "conditional order" (formerly decree nisi), and after the required time a "final order" (formerly decree absolute), which ends the marriage. The law builds in time to reflect between the application and these stages, so the decision is not rushed.

How much does it cost?

The fee to apply for a divorce is £628 — applying online or by post. Once the application has been officially issued, the fee is not refunded. If you receive benefits or are on a low income, you can apply for help with fees; with an online application you get a reference number so you do not pay upfront.

What about children, home and money?

The divorce ends the marriage but does not automatically settle money, property and children — those are dealt with separately. It is wise to agree in advance who the children will live with and how to divide the home, savings and debts. Financial agreements are worth making legally binding so they cannot be reopened later. If you cannot agree, mediation and solicitors can help.

Where to start?

If the marriage has broken down and lasted over a year, the first step is to read the process on gov.uk and decide whether to apply jointly or alone. Divorce is both a legal procedure and a major life decision, so for complex matters (especially children and significant assets) it is worth getting advice. But the procedure itself is now simpler and does not require finding someone to blame.