No fault divorce

What do I need to prove to get a divorce? 

You must have been married or in a civil partnership for at least one year to apply for a divorce/end to your civil partnership in England.

England introduced the so-called 'no-fault' divorce process in April 2022. Since then, all that is needed is a simple statement by one or both spouses on the divorce application (which is in practice a tick box) to say that the marriage has broken down irretrievably. You do not need to say why it broke down or whose fault it might have been, as was the case previously. Indeed, one cannot allege any reason for wanting a divorce and one cannot allege any reason not to divorce if on the receiving end.

You and your spouse can file a joint application, if you wish, containing a statement by both of you that the marriage has irretrievably broken down. Alternatively, you can submit your own (sole) application for divorce containing a statement by you alone that the marriage has irretrievably broken down and, because of no-fault divorce, your spouse will not be able to dispute that statement. The only basis on which your spouse could dispute your divorce application is to dispute the validity of your marriage or to say that you do not satisfy the rules allowing you to use the English courts. 

In these FAQs and answers, we use 'England' as a shorthand for 'England and Wales' because England and Wales share a single legal system. Scotland, meanwhile, is a different legal system and has different rules for many aspects of family law.

We have also chosen to talk about 'marriages' most of the time (which may be between either an opposite or same-sex couple). Unless we say otherwise, what we have said is also true of civil partnerships (which may also be between an opposite or same-sex couple).

These FAQs (and our website more generally) contain general information based on English law as it stands at the date of publication, but they do not constitute legal advice, nor are they tailored to any couple or family's particular circumstances. Whilst we endeavour to ensure it is accurate and up to date, website users should seek appropriate legal advice before taking or refraining from any action based on the content of the website. We would, of course, be willing to assist with this, and you can contact us here.

Any pricing information is similarly general. Our clients' relationship with us is governed by the terms of the engagement letter sent to them at the beginning of their instruction.

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Get in touch

Our team of divorce law solicitors are on hand to help and support couples who are thinking about divorce.  Speak to one of our experts confidentially by phoning Sarah on the number below, or complete our online enquiry form and we will contact you directly.

Divorce and family services

+44 20 7597 6384 Email Sarah

More divorce FAQs

Can I change my child's surname now that I am divorced? How can we minimise the impact of divorce or separation on our children? Can I move abroad with my child after divorce or separation? My former partner will not let me see my child. Should I get a child arrangement order? Do I need the other parent's permission to take my child on holiday abroad? What is 'parental responsibility'? How do we make decisions about schooling and other important things now that we are separated? Can I get a divorce in England?
Do I have to go to court to decide where our children will live after divorce or separation? How do we decide child 'custody' after divorce or separation? How does a court decide living arrangements for children after divorce or separation? Will our child have to play any part in court proceedings about him/her? Can children's arrangements be changed as circumstances change?  How do I get divorced in England? How much does it cost to get divorced in England? How to choose a divorce lawyer Can anyone find out that I am getting divorced? Do I need to change my surname after divorce? Are there any alternatives to divorce? What do I need to prove to get a divorce? What financial orders can the court make upon a divorce? How are assets split as part of divorce?
What will happen to our family house if we divorce? What happens to pensions if we divorce? Will one of us have to pay spousal maintenance to the other following a divorce? If I am paying spousal maintenance what happens if my ex-spouse starts a new relationship? Does one parent have to pay child maintenance to the other following separation? Are inherited assets or assets gifted from family protected from divorce? Are assets held in a trust protected in a divorce? If I am getting divorced abroad, can I still make financial claims in England? Do we have to go to court to resolve our financial issues upon divorce? Do I have to give financial disclosure as part of divorce? How do I find out if my spouse is hiding assets as part of divorce? Are pre-nuptial agreements legally binding in England? What happens to assets I receive in the future after a divorce? What is a typical set of arrangements for a child when their parents divorce or separate?