No-Fault Divorce: How It Has Changed Separation in London

No-Fault Divorce: How It Has Changed Separation in London

No-fault divorce arrived in England and Wales in April 2022, bringing one of the biggest changes to family law in decades. For Londoners going through separation, the shift has been significant, not just legally, but emotionally. Removing the requirement to blame a spouse has changed the tone of many divorces from the outset, and for couples who want to separate without turning everything into a battle, it has opened a more constructive path forward.

In this guide, we look at what the no-fault divorce law actually means in practice, how it affects financial settlements and timing, and why so many London couples are now choosing mediation alongside the divorce process to sort out the practical arrangements.

What Is No-Fault Divorce and What Changed in April 2022?

Before April 2022, to get a divorce in England and Wales you had to prove that the marriage had irretrievably broken down, and do so by citing one of five facts: adultery, unreasonable behaviour, desertion, two years’ separation with consent, or five years’ separation without consent.

In practice, most couples who wanted to divorce without waiting years relied on “unreasonable behaviour,” which meant listing examples of a spouse’s conduct in legal documents. Even where both parties agreed the marriage was over, the process pushed them into an adversarial starting point.

The Divorce, Dissolution and Separation Act 2020 changed all of that. From 6 April 2022, couples can apply for divorce by simply stating that the marriage has broken down irreversibly. No reasons need to be given. No examples of conduct need to be listed. A sole applicant or a joint application can both proceed on exactly the same basis.

Crucially, it is no longer possible for one spouse to contest the divorce itself. Under the old rules, a spouse could, in theory, oppose a divorce petition, though this was rare. That option no longer exists.

How the No-Fault Divorce Process Works in Practice

The mechanics of applying for a no-fault divorce are broadly as follows:

1. Application: One or both spouses apply to the court (online via the HMCTS portal or by paper form), stating the marriage has broken down irreversibly. The court fee is £628 (from 13 July 2026).
2. 20-week reflection period: There is a mandatory waiting period of 20 weeks between the application and the point at which a conditional order can be applied for. This gives both parties time to consider arrangements, and is where mediation fits particularly well.
3. Conditional order (formerly decree nisi): The court confirms there is no legal reason why the divorce cannot proceed.
4. Final order (formerly decree absolute): Applied for at least 6 weeks after the conditional order. This legally ends the marriage.

The total minimum timeline from application to final order is around 26 to 30 weeks, though in practice the process often takes longer, particularly if financial arrangements are unresolved.

The London Perspective: Why the Change Has Mattered Here

London is a particularly high-pressure context for separation. Property values in many parts of the city are among the highest in the country, financial ties tend to be complex, and couples often have significant shared assets tied up in London property, pension arrangements, and business interests.

Under the old fault-based system, opening a divorce with a list of allegations, even mild ones, immediately created a combative atmosphere. Solicitors’ letters citing “unreasonable behaviour” landed on doormats in Clapham and Hackney and Wimbledon and set the tone for everything that followed. For couples with a lot to sort out financially, or children to co-parent, that early damage could be costly.

No-fault divorce has changed that dynamic considerably. At London Mediation Service, we see couples who are genuinely more willing to engage constructively because the divorce itself is no longer accusatory. That matters enormously when there are financial negotiations to be had or children’s arrangements to agree.

Does No-Fault Divorce Affect Financial Settlements?

This is one of the most common questions we hear, and it is an important one. No-fault divorce does not change how financial settlements are calculated. The legal framework for dividing assets on divorce is set out in the Matrimonial Causes Act 1973, and the court still applies the same considerations when deciding or approving financial arrangements.

Under the so-called Section 25 factors, the court looks at things like the length of the marriage, each party’s financial needs, any children’s welfare, earning capacity, and contributions made by each spouse. The fact that no-one is “at fault” does not reduce or increase anyone’s entitlement.

However, the removal of fault from the divorce process has had an indirect practical effect. Couples who are not caught up in allocating blame from the outset tend to find it easier to have constructive conversations about finances. This is reflected in the financial settlement process more broadly, where a calmer starting point often leads to more pragmatic outcomes.

What About Conduct? Can Bad Behaviour Still Affect the Settlement?

In limited circumstances, yes. Conduct can still be considered by the court in financial remedy proceedings if it would be “inequitable to disregard it.” In practice, courts set a high bar here. Financial misconduct such as hiding assets, wasting marital funds, or dissipating assets can still be relevant, but general marital conduct (affairs, arguments, incompatibility) rarely affects the financial outcome.

For most London couples, no-fault divorce means the financial settlement is negotiated on the facts of the financial situation, not on who did what during the marriage. That is, broadly speaking, how it worked before too, but the cultural shift brought by the new law has made it clearer.

Timing: The 20-Week Period and Why It Matters for Mediation

The 20-week reflection period was deliberately built into the new divorce process to give couples time to consider their position and, where possible, to make arrangements before the divorce is finalised. For many Londoners, this window is ideal for attending mediation.

Mediation typically involves a series of sessions, often between two and six, depending on the complexity of the issues. For a couple with property to sell or transfer, pension assets, and children’s school arrangements to consider, the 20-week period gives enough time to work through these discussions before the conditional order is issued.

Getting financial arrangements agreed before the final order is granted is generally advisable. Once the final order is made, there are time limits on making certain financial claims, and failing to reach a formal financial settlement can leave both parties exposed to future claims. A financial consent order, which records and legally seals the financial agreement, should ideally be obtained before, or alongside, the final divorce order.

No-Fault Divorce and Children’s Arrangements in London

The divorce process, whether fault-based or not, has never directly determined where children live or how they spend time with each parent. Children’s arrangements are a separate matter, usually agreed between parents or, if agreement cannot be reached, decided by the family court.

What no-fault divorce has changed is the atmosphere in which those conversations happen. Couples who are not fighting over who ended the marriage tend to be better placed to discuss their children’s needs honestly. In a city like London, where children may be attending oversubscribed schools, where commuting distances matter, and where one parent may be considering a move to a different borough or out of London altogether, the detail of children’s arrangements can be genuinely complex.

Mediation is one of the most effective ways to work through those arrangements. Our team at London Mediation Service is experienced in helping separating London parents reach workable agreements around school runs, holiday schedules, and longer-term plans, without the need for a contested court process.

Do I Still Need a MIAM Before Going to Court?

Yes. The introduction of no-fault divorce has not changed the requirements around mediation and court. If you wish to make an application to the family court about finances (using Form A) or children’s arrangements (using a C100), you are generally required to attend a Mediation Information and Assessment Meeting first. This is known as a MIAM.

A MIAM is an individual meeting with an accredited mediator where you find out whether mediation is suitable for your situation. It is not a commitment to mediate, but in many cases people find that mediation is a better option than court and decide to proceed. Exemptions do exist, for example in cases involving domestic abuse, but these must be evidenced.

You can book a MIAM with Mediate UK quickly and with appointments available across London, including at our Waterloo, St Pancras, and Sutton offices.

A Quick Comparison: Old Rules vs New Rules

What Should London Couples Do Alongside the Divorce Process?

Filing for divorce starts the legal clock, but the divorce order itself does not resolve finances or children’s arrangements. Most separating couples in London will need to address some or all of the following:

• What happens to the family home, particularly given London property prices
• How pensions are divided, which for many London professionals represent a substantial asset
• Spousal maintenance, if one partner earns significantly more than the other
• Child arrangements, including school, holidays, and what happens if one parent wants to relocate
• Business interests and share of investments

Mediation can help with all of these. Our mediators at our Central London office near Waterloo, and at our North London office at St Pancras, have experience with the full range of financial and children’s issues that arise in London divorces. You can also access Mediate UK’s broader financial settlement guide for a detailed overview of how the process works.

It can also be helpful to get independent legal advice alongside mediation, particularly where complex assets or significant financial disparity is involved. This does not mean going to court; it simply means having a solicitor review any agreement reached before it is formalised. Mediate UK’s legal advice packages are designed to support this at a fixed cost.

Frequently Asked Questions