Divorce and Dissolution: The No-Fault Framework and the Divorce, Dissolution and Separation Act 2020

Divorce and Dissolution: The No-Fault Framework and the Divorce, Dissolution and Separation Act 2020

England and Wales – Family Law

Introduction

The dissolution of marriage and civil partnership is one of the most important areas of modern family law. It concerns not only the legal termination of a relationship but also the protection of individual autonomy, the resolution of financial responsibilities, the welfare of children, and the legal consequences of separating two people whose lives may have become economically and socially interconnected.

For many decades, divorce law in England and Wales required an applicant to establish that a marriage had broken down irretrievably by proving one or more specified facts. These included adultery, unreasonable behaviour, desertion, and periods of separation. Although the statutory ground was irretrievable breakdown, the requirement to establish a particular fact frequently created additional conflict between spouses.

The legal framework underwent a fundamental transformation with the introduction of the Divorce, Dissolution and Separation Act 2020. The legislation came into force on 6 April 2022 and introduced the system commonly known as no-fault divorce. It also modernised the procedure for dissolving civil partnerships and obtaining judicial separation.

Under the new framework, either spouse or both spouses jointly may apply for divorce by stating that the marriage has broken down irretrievably. The statement is treated by the court as conclusive evidence of that breakdown. Applicants are no longer required to prove adultery, unreasonable behaviour, desertion, or a period of separation.

The legislation also introduced a minimum timetable intended to provide an opportunity for reflection and practical arrangements before the legal relationship is terminated. The process generally involves an initial application, a 20-week period before the conditional order stage, and a further minimum period before the final order can be made.

The reform represents a significant change in the philosophy of English divorce law. Instead of requiring the parties to establish blame or justify the breakdown through specified conduct, the law now recognises their declaration that the marriage has irretrievably broken down.

However, the simplified divorce procedure should not be confused with the resolution of all consequences of separation. Financial remedies, property arrangements, pension rights, child arrangements, and maintenance remain separate legal matters governed by their own statutory frameworks.

This article examines the statutory foundations of no-fault divorce and dissolution, the application procedure, the role of the courts, the legal consequences of conditional and final orders, and the relationship between the termination of a marriage and the resolution of family disputes.

1. The Legal Framework Before the 2020 Reform

Before April 2022, divorce in England and Wales was primarily governed by section 1 of the Matrimonial Causes Act 1973.

The legislation recognised one ground for divorce: the irretrievable breakdown of the marriage. However, an applicant could not simply declare that the marriage had ended. The court required proof of at least one of five statutory facts.

These were:

1. Adultery by the respondent, where the applicant found it intolerable to live with them.
2. Behaviour by the respondent such that the applicant could not reasonably be expected to live with them.
3. Desertion for a continuous period of at least two years.
4. Living apart for at least two years, provided the respondent consented to the divorce.
5. Living apart for at least five years, without requiring the respondent’s consent.

Although these facts were intended to provide evidence of irretrievable breakdown, they frequently created procedural and emotional difficulties.

For example, a person wishing to obtain a divorce without waiting two or five years generally had to rely on adultery or unreasonable behaviour. In practice, allegations of unreasonable behaviour became particularly common.

Applicants were therefore required to describe conduct that justified the conclusion that they could not reasonably be expected to continue living with their spouse.

This could involve identifying arguments, disagreements, emotional distance, financial conflicts, or other aspects of the relationship.

The resulting process sometimes encouraged parties to formulate allegations in a manner that could intensify an already difficult separation.

A spouse who did not wish to blame the other partner might nevertheless have to present the relationship in negative terms to obtain a divorce within a reasonable period.

The previous framework also created difficulties where both spouses agreed that the marriage had ended but could not agree on the legal grounds or the wording of the allegations.

The case of Owens v Owens

The limitations of the previous system became particularly visible in Owens v Owens [2018] UKSC 41.

The wife sought a divorce based on her husband’s behaviour. The courts concluded that the allegations she relied upon did not satisfy the statutory test under the law then in force.

The Supreme Court dismissed her appeal, although it recognised the difficulties created by the existing legal framework.

The case attracted considerable public and professional attention because it demonstrated that a person could regard a marriage as irretrievably broken down but still be unable to obtain an immediate divorce without establishing one of the statutory facts.

The decision contributed to the wider debate concerning the need for reform.

The Divorce, Dissolution and Separation Act 2020 subsequently removed the requirement to establish those facts.

2. The Divorce, Dissolution and Separation Act 2020

The Divorce, Dissolution and Separation Act 2020 is the central legislative instrument introducing no-fault divorce in England and Wales.

Its principal purpose was to modernise the legal process by removing the requirement to establish conduct or separation facts as evidence of irretrievable breakdown.

The Act received Royal Assent on 25 June 2020 and its principal reforms came into force on 6 April 2022.

It amended the Matrimonial Causes Act 1973 and the Civil Partnership Act 2004, replacing the previous procedures with a substantially simplified system.

The main changes included:

• Removal of the requirement to establish one of the five statutory facts.
• Recognition of a statement of irretrievable breakdown as conclusive evidence.
• Introduction of joint divorce applications.
• Introduction of a minimum reflection period.
• Replacement of the former decree nisi and decree absolute terminology.
• Corresponding reforms to civil partnership dissolution.
• Changes to the procedure for judicial separation.
• Restrictions on disputing divorce applications.

The legislation applies to England and Wales. Scotland and Northern Ireland have separate divorce laws and procedures.

An important feature of the reform is that the new system does not require the court to investigate the reasons why the relationship ended.

The court’s role is primarily procedural: it verifies that the statutory requirements have been satisfied and makes the relevant orders.

The legislation does not require spouses to demonstrate that reconciliation is impossible or that one party has behaved improperly.

The statutory framework can be examined directly in the Divorce, Dissolution and Separation Act 2020.

3. The Principle of No-Fault Divorce

The central principle of the 2020 reform is that a marriage may be dissolved without either party having to establish fault.

Under the amended section 1 of the Matrimonial Causes Act 1973, either or both parties to a marriage may apply for a divorce order on the ground that the marriage has broken down irretrievably.

The application must contain a statement to that effect.

The court must treat the statement as conclusive evidence of irretrievable breakdown and make the divorce order, provided the statutory requirements are satisfied.

This changes the nature of divorce proceedings in several important respects.

First, the court does not determine which spouse caused the breakdown. It does not investigate whether one party was unfaithful, whether the parties argued frequently, or whether one spouse failed to fulfil particular marital expectations.

Second, the respondent cannot prevent the divorce merely by asserting that the marriage has not broken down or that they wish to remain married.

Third, the procedure reduces the need for adversarial allegations. This is particularly important where the parties wish to preserve a cooperative relationship because they have children or continuing financial responsibilities.

No-fault divorce does not mean that every aspect of separation is uncontested. Spouses may disagree about property, maintenance, pensions, childcare, or the financial consequences of the divorce. Those disputes remain subject to the relevant legal procedures.

The reform concerns the legal ground for ending the marriage, not the automatic resolution of all disputes arising from its breakdown.

3.1. Irretrievable Breakdown

Irretrievable breakdown remains the sole ground for divorce.

The significant change is that the applicant no longer has to prove it through one of the previously prescribed statutory facts.

The statement of irretrievable breakdown is conclusive evidence for the purposes of the divorce application.

This reflects a legislative decision to place greater weight on the parties’ assessment of their relationship.

The law does not require a minimum period of marital difficulty before an application can be made. Nor does it require the parties to demonstrate that they have attempted counselling or reconciliation.

However, the statutory waiting periods remain applicable.

3.2. The Absence of a Right to Veto Divorce

One of the most important consequences of the new framework is that a respondent cannot ordinarily veto the dissolution of a marriage simply because they disagree with the decision.

Under the previous law, consent was necessary for divorce based on two years’ separation.

Under the present system, the respondent’s agreement is not required for a sole application.

A respondent may still raise certain legally recognised objections, particularly concerning jurisdiction or the validity of the marriage. However, disagreement with the decision to divorce is not itself a sufficient ground for contesting the application.

This principle reflects the modern understanding that marriage is a voluntary legal relationship and that its continuation should not depend on one party’s ability to prevent the other from obtaining a divorce.

4. Who Can Apply for Divorce?

The statutory framework allows either spouse to apply individually or both spouses to apply jointly.

The availability of joint applications is one of the practical innovations introduced by the 2020 Act.

4.1. Sole Applications

A sole application is made by one spouse without requiring the other spouse to join in the proceedings.

The person making the application becomes the applicant, while the other spouse becomes the respondent.

The applicant must provide the information required by the court, including details identifying the parties and their marriage.

The application must contain the statement that the marriage has broken down irretrievably.

The court issues the application and the respondent is notified through the prescribed procedure.

The respondent does not need to agree with the application for the divorce to proceed.

A sole application may be appropriate where:

• One spouse wishes to end the marriage but the other does not.
• The parties cannot agree on making a joint application.
• One spouse is unwilling to cooperate with the administrative process.
• The relationship has become hostile or communication is difficult.
• The applicant considers a sole application more appropriate for personal or safety reasons.

Where domestic abuse or coercive control is involved, the applicant should consider the appropriate protective and procedural arrangements.

4.2. Joint Applications

The 2020 reform allows both spouses to apply jointly.

A joint application reflects the parties’ shared decision to terminate their marriage.

Both parties provide the required information and confirm that they wish to proceed.

The application does not require one spouse to present allegations against the other.

Joint applications can be useful where the parties have agreed that the marriage has ended and wish to approach the legal process cooperatively.

However, a joint divorce application does not mean that the parties have also agreed on their financial arrangements or child-related matters.

Those matters must be addressed separately.

4.3. Conversion of Joint Applications

The legislation and procedural rules allow a joint application to proceed as a sole application in specified circumstances.

This is important where one spouse initially cooperates but subsequently withdraws or stops participating.

The procedure prevents a joint application from necessarily becoming ineffective merely because one party no longer wishes to participate.

The applicable procedural requirements must still be followed, including notification where required.

The system therefore provides flexibility while preserving the distinction between joint and sole applications.

5. Jurisdiction and Eligibility Requirements

Although the no-fault framework simplifies the ground for divorce, the court must still have jurisdiction to deal with the application.

The statutory rules governing jurisdiction are particularly important where spouses have different nationalities, live in different countries, or have moved abroad.

Divorce proceedings involving international elements may raise questions concerning habitual residence, domicile, and the relationship between competing jurisdictions.

The applicable rules are found principally in the Matrimonial and Family Proceedings Act 1984 and relevant domestic and international jurisdictional provisions, as amended over time.

The court must also be satisfied that a legally recognised marriage exists.

A divorce application cannot simply be used to terminate a relationship that does not constitute a valid marriage under the applicable law.

Where the validity of a marriage is disputed, the appropriate procedure may involve nullity proceedings rather than an ordinary divorce.

The statutory framework also includes restrictions concerning the timing of divorce applications after marriage. Under section 3 of the Matrimonial Causes Act 1973, a divorce application cannot ordinarily be presented within the first year of marriage.

This restriction remains in force under the no-fault system.

The introduction of no-fault divorce therefore removed the requirement to prove fault but did not abolish all eligibility and jurisdictional conditions.

6. The Divorce Procedure: From Application to Final Order

The modern divorce procedure is structured around two principal judicial orders: the conditional order and the final order.

These replaced the former decree nisi and decree absolute.

The process includes a statutory waiting period intended to provide time for reflection and for the parties to consider the practical consequences of separation.

The no-fault divorce procedure

1. Application submittedOne spouse or both spouses apply for divorce and provide the statement of irretrievable breakdown.
2. Application issued and servedThe court checks the application and notifies the respondent where applicable.
3. 20-week minimum periodThe parties wait before confirming that they wish to proceed to the conditional order stage.
4. Conditional orderThe court confirms that the legal requirements for divorce have been satisfied.
5. At least six further weeksThe statutory minimum period must pass before the final order can be made.
6. Final orderThe marriage is legally dissolved.

The statutory timetable is a minimum, not a guarantee of completion within a particular calendar period. Administrative delays and unresolved financial matters may affect the practical duration.

6.1. The Initial Application

The process begins when the applicant or applicants submit the divorce application to the court.

Applications can generally be made online or through the prescribed paper procedure.

The application must identify the parties and provide the necessary information about the marriage.

The applicant must also make the statement that the marriage has broken down irretrievably.

The court examines the application to ensure that it meets the relevant requirements.

If the application is accepted, it is formally issued and the proceedings begin.

The date of issue is important because the 20-week period is calculated from the commencement of proceedings.

6.2. Service and Acknowledgment

Where a sole application is made, the respondent must be notified.

The respondent receives the application and the relevant information about the proceedings.

Under the ordinary procedure, the respondent is required to acknowledge receipt within the prescribed period.

The acknowledgment procedure allows the court to establish that the respondent has been notified and to identify any legally recognised objection.

The respondent cannot dispute the divorce simply because they do not want the marriage to end.

However, a genuine issue concerning the court’s jurisdiction, the validity of the marriage, or another recognised legal ground may require judicial consideration.

Where the respondent cannot be located or does not respond, the applicant may need to follow additional procedural steps.

The court may permit alternative service or dispense with service in appropriate circumstances, subject to the applicable rules and evidence.

6.3. The Twenty-Week Period

The 2020 Act introduced a minimum period of 20 weeks between the commencement of proceedings and the point at which the applicant may confirm that they wish to proceed to a conditional order.

The period is sometimes described as a reflection period.

Its purpose is to provide time for the parties to consider the decision to divorce and to make arrangements concerning finances, housing, and children.

The period applies to both sole and joint applications.

The legislation does not require the parties to use the period for counselling or reconciliation.

It simply establishes a minimum statutory timetable.

The parties may use the time to negotiate financial arrangements, discuss child arrangements, obtain professional advice, or consider whether the divorce should continue.

The 20-week period is therefore an important procedural safeguard, but it does not automatically resolve the consequences of separation.

6.4. The Conditional Order

After the 20-week period has elapsed, the applicant or applicants may confirm that they wish to continue.

The court may then consider whether the statutory requirements have been satisfied and make a conditional order.

The conditional order confirms that the court sees no legal reason why the marriage should not be dissolved.

However, it does not itself terminate the marriage.

The parties remain legally married until the final order is made.

This distinction is important because the conditional order does not permit either party to remarry or enter into a new civil partnership.

The conditional order also has significance for financial proceedings. It may allow certain financial applications to progress towards an order that can be made final in connection with the divorce.

6.5. The Final Order

The final order is the document that legally dissolves the marriage.

Under the statutory framework, it cannot ordinarily be made final until at least six weeks have passed after the conditional order.

In practice, the official application guidance refers to a waiting period of six weeks and one day, or 43 days.

The applicant must take the procedural steps required to obtain the final order.

Once the final order is made, the parties are legally divorced and may marry again if they wish.

The final order also affects certain legal rights and entitlements connected with marital status.

However, it does not automatically settle every financial issue between the former spouses.

The distinction between the legal termination of the marriage and the resolution of financial claims is particularly important.

Current procedural information is available in the official GOV.UK divorce guidance.

7. Can a Divorce Application Be Contested?

The no-fault framework significantly restricts the circumstances in which a respondent may dispute a divorce application.

Under the previous system, disagreements about the statutory facts could result in contested proceedings. A respondent might challenge allegations of adultery or unreasonable behaviour, or dispute whether the required period of separation had elapsed.

The 2020 Act removed this type of dispute from the ordinary divorce process.

A respondent cannot successfully oppose a divorce merely because:

• They do not agree that the marriage has broken down.
• They wish to preserve the marriage.
• They believe the applicant has acted unfairly.
• They disagree with the reasons for separation.
• They do not wish to become divorced.

The law treats the applicant’s statement of irretrievable breakdown as conclusive evidence.

Nevertheless, certain legally recognised grounds for disputing an application remain.

These include:

Lack of jurisdiction. The respondent may argue that the English or Welsh court does not have jurisdiction to determine the application.

Invalidity of the marriage. A genuine dispute about whether a legally valid marriage exists may require judicial determination.

Procedural or legal irregularities. An application may be challenged where there is a recognised defect affecting the validity of the proceedings.

The distinction is between disputing the legal basis or jurisdiction of the proceedings and opposing the decision to divorce itself.

The no-fault system deliberately removes the latter as a basis for contestation.

8. Dissolution of Civil Partnerships

The Divorce, Dissolution and Separation Act 2020 introduced corresponding reforms to the dissolution of civil partnerships.

Before the reform, civil partnership dissolution operated under a framework that required the applicant to establish that the relationship had broken down irretrievably through specified facts.

The 2020 Act amended the Civil Partnership Act 2004 to establish a substantially equivalent procedure to divorce.

Under the amended framework, either civil partner or both partners jointly may apply for dissolution by stating that the civil partnership has broken down irretrievably.

The court treats the statement as conclusive evidence of breakdown.

The procedure follows the same principal stages as divorce:

• Submission and issue of the application.
• Notification of the other civil partner in a sole application.
• A minimum 20-week period.
• Application for a conditional order.
• A further minimum period of six weeks.
• Application for a final order.

The final dissolution order legally terminates the civil partnership.

As with divorce, the dissolution process does not automatically resolve financial disputes.

Civil partners may seek financial remedies under the Civil Partnership Act 2004, including maintenance, lump-sum payments, property adjustment, and pension-related orders.

The legal objective of the reform was to ensure that the procedure for ending civil partnerships reflected the modern no-fault approach to divorce.

9. Judicial Separation: An Alternative to Divorce

The 2020 Act also amended the procedure for judicial separation.

Judicial separation is a legal mechanism that allows spouses to obtain formal recognition of their separation without legally dissolving the marriage.

It is therefore different from divorce.

A judicial separation order does not terminate the marriage. The parties remain legally married and cannot marry another person unless the marriage is subsequently dissolved.

The procedure may be relevant where individuals wish to formalise their separation but do not wish to obtain a divorce.

This may occur for personal, religious, financial, or other reasons.

Under the amended section 17 of the Matrimonial Causes Act 1973, either or both spouses may apply for judicial separation by making the required statement.

The previous requirement to establish particular facts as evidence of breakdown was removed.

Judicial separation can also have financial consequences.

The court has powers to make certain financial orders, including orders concerning maintenance and property, although the framework is not identical to the full financial remedy jurisdiction available upon divorce.

Importantly, judicial separation does not automatically trigger all the legal consequences associated with divorce.

For example, the parties remain spouses for inheritance and marital-status purposes.

Judicial separation is therefore an alternative legal arrangement rather than an intermediate stage that automatically leads to divorce.

10. Nullity and Divorce: Different Legal Concepts

Divorce and nullity are separate legal procedures.

Divorce terminates a legally valid marriage because it has broken down irretrievably.

Nullity concerns the legal validity of the marriage itself.

A marriage may be void or voidable under the Matrimonial Causes Act 1973.

A void marriage is treated as invalid in law, although a court order declaring its nullity may be required to establish the legal position formally.

A voidable marriage is legally effective unless and until a court makes a nullity order.

The statutory grounds for nullity include specified circumstances relating to consent, prohibited relationships, existing marriages, and other legally recognised defects.

The Divorce, Dissolution and Separation Act 2020 also changed the terminology and timing applicable to nullity proceedings, introducing conditional and final nullity orders.

The distinction is important because a person seeking to challenge the validity of a marriage should not automatically assume that divorce is the appropriate procedure.

The legal consequences of nullity may also differ from those of divorce, particularly in relation to the circumstances in which the marriage was entered into.

11. Financial Consequences: Why a Final Order Does Not Divide Assets

One of the most significant misunderstandings concerning divorce is the assumption that obtaining a final order automatically settles the parties’ financial affairs.

It does not.

The divorce procedure and financial remedy proceedings are legally distinct.

The final order terminates the marriage, but it does not automatically:

• Divide jointly owned property.
• Transfer the family home.
• Establish maintenance payments.
• Divide pension rights.
• Settle business interests.
• Resolve outstanding debts.
• Terminate all potential financial claims between the former spouses.

Financial matters must be resolved through agreement or appropriate court orders.

The Matrimonial Causes Act 1973 provides the principal statutory framework for financial remedies.

The court may make orders concerning periodical payments, lump sums, property adjustment, and pensions.

When exercising its powers, the court considers the statutory factors under section 25, including financial resources, needs, obligations, responsibilities, the standard of living, the duration of the marriage, contributions, and other relevant circumstances.

The law also recognises the importance of achieving a fair financial outcome, taking account of the parties’ respective circumstances.

The distinction between divorce and financial remedies is particularly important when deciding when to apply for a final order.

In certain circumstances, obtaining the final order before resolving financial claims may create practical or legal complications.

For example, the death of a former spouse after the final order may affect certain pension and inheritance entitlements. The termination of marital status can also affect the legal treatment of existing financial arrangements.

It is therefore important to distinguish between ending the marriage and obtaining a legally binding financial settlement.

11.1. Financial Consent Orders

Where the parties reach an agreement concerning their finances, they may ask the court to approve a financial consent order.

A consent order can establish legally binding arrangements concerning:

• Lump-sum payments.
• Property transfers or sales.
• Spousal maintenance.
• Pension sharing.
• Other financial obligations.

The court must consider the proposed order before approving it.

The purpose is to ensure that the agreement can properly be made into an enforceable court order.

A private agreement between former spouses is not necessarily equivalent to a court-approved financial order.

This distinction is especially important where the parties wish to achieve a clean break and prevent future financial claims.

11.2. The Clean-Break Principle

A clean break is an arrangement intended to terminate the financial obligations between former spouses.

Section 25A of the Matrimonial Causes Act 1973 requires the court to consider whether it is appropriate to exercise its powers so as to achieve a clean break as soon as reasonably practicable.

A clean break may be achieved through a lump-sum payment, property adjustment, pension arrangements, or other appropriate financial orders.

However, it is not always possible or fair to terminate financial obligations immediately.

Where one spouse has limited earning capacity, substantial childcare responsibilities, or significant financial needs, ongoing maintenance may be necessary.

The court must therefore balance financial independence against the parties’ actual circumstances.

12. Children and the No-Fault Divorce Framework

The introduction of no-fault divorce did not change the fundamental principles governing children following parental separation.

The Children Act 1989 remains the central legislative framework for child arrangements and parental responsibility.

The court’s paramount consideration in proceedings concerning a child’s upbringing is the child’s welfare.

Divorce proceedings do not automatically determine:

• Where the child will live.
• How much time the child will spend with each parent.
• How parental responsibilities will be exercised.
• Whether specific arrangements are necessary concerning education or medical treatment.
• The financial provision required for the child.

These matters may be resolved by agreement or through separate proceedings.

Where an agreement cannot be reached, the court may make child arrangements orders under section 8 of the Children Act 1989.

The no-fault framework can nevertheless have an indirect positive effect on children.

By removing the need to formulate allegations of marital misconduct within the divorce application, the reform may reduce unnecessary conflict between parents.

This is particularly relevant where the parties must continue cooperating in relation to childcare and education after the marriage ends.

However, the simplified divorce procedure does not guarantee an amicable separation. Disputes about finances, domestic abuse, parental responsibilities, and child arrangements may remain substantial.

13. Domestic Abuse and Protective Measures During Divorce

No-fault divorce does not remove the legal protections available to victims of domestic abuse.

A person experiencing physical, emotional, psychological, sexual, or economic abuse may seek appropriate protection under the Family Law Act 1996 and other applicable legislation.

The court may make non-molestation orders and occupation orders where the statutory requirements are satisfied.

A non-molestation order can prohibit abusive or threatening conduct.

An occupation order can regulate who may occupy the family home, including circumstances in which one party may be required to leave.

These remedies are separate from the divorce application.

The no-fault principle means that a spouse does not need to establish domestic abuse as the basis for obtaining a divorce. However, evidence of abuse may remain highly relevant in other family proceedings, particularly where the safety of children or a former partner is concerned.

The reform therefore simplifies the legal termination of marriage without reducing the importance of protective measures.

14. Practical and Legal Effects of the Final Order

The final order marks the legal end of the marriage.

Once it has been made, the former spouses are no longer married and may legally enter into another marriage or civil partnership, subject to the applicable requirements.

The change of status also affects several legal matters.

Inheritance. The statutory treatment of a former spouse under a will and the intestacy rules may change following divorce. Divorce generally treats the former spouse as having predeceased the testator for relevant testamentary provisions, subject to the statutory rules.

Pensions. The termination of marriage may affect survivor benefits and other pension entitlements. The specific consequences depend on the pension scheme and any financial orders.

Property. The final order does not automatically alter the registered ownership of land. Property transfers and other adjustments generally require appropriate legal documentation and, where necessary, court orders.

Remarriage. Either former spouse may marry again once the final order has been made.

Financial claims. Certain financial claims may remain unresolved even after the marriage has ended. The existence and availability of those claims depend on the applicable legislation and any orders already made.

The final order should therefore be understood as the legal termination of marital status, not as a comprehensive certificate that every financial and family matter has been settled.

15. The Significance of the Reform

The Divorce, Dissolution and Separation Act 2020 represents a fundamental change in the philosophy of divorce law in England and Wales.

The previous system combined the principle of irretrievable breakdown with a requirement to establish a particular fact demonstrating that breakdown.

The new system removes this contradiction by allowing the parties’ statement to establish the legal ground.

The reform places greater emphasis on autonomy, procedural simplicity, and reducing unnecessary conflict.

It also reflects a wider development in family law: the recognition that the state should not require individuals to attribute blame to one another simply to terminate a relationship that has irretrievably ended.

Nevertheless, the reform does not eliminate the legal and financial complexity associated with separation.

Disputes about property, pensions, maintenance, and children continue to require careful legal analysis.

The distinction between the divorce process and the financial remedy process remains essential.

The 2020 Act should therefore be understood as a procedural and substantive reform of the legal ground for divorce, rather than a complete reform of family law following relationship breakdown.

16. Frequently Asked Questions

1. What is no-fault divorce in England and Wales?

No-fault divorce allows either or both spouses to obtain a divorce by stating that the marriage has broken down irretrievably. Neither spouse is required to prove adultery, unreasonable behaviour, desertion, or separation.

2. When did no-fault divorce become law?

The Divorce, Dissolution and Separation Act 2020 came into force on 6 April 2022.

3. Can one spouse obtain a divorce without the other’s consent?

Yes. Either spouse may make a sole application. The respondent cannot prevent the divorce simply by refusing to agree.

4. Can a divorce still be contested?

Only on limited legally recognised grounds, such as jurisdictional issues or disputes concerning the validity of the marriage. Disagreement with the decision to divorce is not sufficient.

5. How long does a no-fault divorce take?

The statutory process includes a 20-week period before the conditional order stage and at least six further weeks before the final order. GOV.UK currently advises that obtaining a divorce normally takes at least seven months, allowing for the practical administration of proceedings.

6. What is the difference between a conditional order and a final order?

A conditional order confirms that the court sees no legal reason why the divorce should not proceed. A final order legally dissolves the marriage. The parties remain married until the final order is made.

7. Can spouses apply for divorce jointly?

Yes. The 2020 Act introduced joint applications, allowing both spouses to apply together without presenting allegations against one another.

8. Does no-fault divorce automatically divide property?

No. Financial arrangements must be resolved separately, either through an agreement approved by the court or through financial remedy proceedings.

9. Does the respondent have to acknowledge the divorce application?

In a sole application, the respondent is normally notified and must acknowledge receipt under the applicable procedure. Failure to respond does not necessarily prevent the divorce from proceeding.

10. Does the no-fault system apply to civil partnerships?

Yes. The 2020 Act introduced corresponding reforms to the dissolution of civil partnerships under the Civil Partnership Act 2004.

11. What is judicial separation?

Judicial separation is a formal legal arrangement allowing spouses to separate without terminating their marriage. The parties remain legally married and cannot remarry.

12. Can a spouse remarry after receiving a conditional order?

No. Remarriage is possible only after the final order has legally dissolved the marriage.

13. Can financial proceedings continue after the final order?

Yes. Financial proceedings may remain unresolved after the marriage has been dissolved. However, the timing of the final order can affect certain rights and practical considerations.

14. Does the no-fault system change child custody arrangements?

No. Child arrangements remain governed principally by the Children Act 1989, with the child’s welfare as the court’s paramount consideration.

15. Can someone apply for divorce during the first year of marriage?

Ordinarily, no. Section 3 of the Matrimonial Causes Act 1973 prohibits presenting a divorce application during the first year of marriage, subject to the separate legal remedies that may be available in particular circumstances.

17. Key Takeaways

• The Divorce, Dissolution and Separation Act 2020 introduced no-fault divorce in England and Wales on 6 April 2022.
• Irretrievable breakdown remains the sole ground for divorce.
• Applicants no longer need to prove adultery, unreasonable behaviour, desertion, or a period of separation.
• Either spouse may apply individually, or both spouses may make a joint application.
• A respondent cannot prevent divorce merely by withholding consent.
• The procedure includes a minimum 20-week period before the conditional order stage.
• The final order can ordinarily be made only after a further six-week statutory period.
• Civil partnership dissolution follows a substantially equivalent procedure.
• Judicial separation remains available for spouses who do not wish to terminate their marriage.
• Divorce does not automatically settle financial claims, property ownership, pension rights, or child arrangements.
• The final order legally terminates the marriage and permits the former spouses to remarry.

Conclusion

The Divorce, Dissolution and Separation Act 2020 transformed the legal approach to divorce and civil partnership dissolution in England and Wales. By removing the requirement to establish fault, the legislation replaced an adversarial model with a procedure based on the recognition that a relationship has irretrievably broken down.

The reform strengthened individual autonomy and reduced the need for spouses to make allegations against one another as a condition of ending their marriage. It also introduced a more structured timetable, joint applications, and corresponding procedural changes for civil partnerships.

However, the simplification of the divorce procedure should not obscure the complexity of the legal consequences of separation. Financial remedies, property disputes, pension rights, maintenance, and child arrangements remain governed by separate legal principles and statutory provisions.

The final order terminates the marriage, but it does not necessarily bring every financial or family dispute to an end. Understanding this distinction is essential to appreciating the modern framework of family law.

The 2020 Act therefore represents an important development in the evolution of English family law: it modernises the legal process of ending a relationship while preserving the separate mechanisms necessary to address the economic and social consequences of family breakdown.

Principal legislation and authoritative sources

1. Divorce, Dissolution and Separation Act 2020 – the principal legislation introducing no-fault divorce and dissolution.

2. Matrimonial Causes Act 1973 – the statutory framework for divorce, judicial separation, and financial remedies.

3. Civil Partnership Act 2004 – civil partnership dissolution and financial provision.

4. Children Act 1989 – parental responsibility and child arrangements.

5. Family Law Act 1996 – non-molestation and occupation orders.

6. GOV.UK – Get a divorce – official procedural guidance, applications, conditional orders, and final orders.

Editorial note: This article describes the law of England and Wales as at 31 October 2026.