The Divorce, Dissolution and Separation Act 2020 replaced fault-based divorce in England and Wales on 6 April 2022. The only ground is now irretrievable breakdown, and no one has to prove blame. The trade-off is a fixed minimum timeline of 26 weeks. Our Essex divorce solicitors guide clients through the online process every day, from Chelmsford and Romford across to Colchester and Southend.
How no-fault divorce works
You can apply on your own (sole application) or together (joint application). The court issues the application, then a mandatory 20-week reflection period begins. After that you can apply for a Conditional Order, and 6 weeks and 1 day later, the Final Order that ends the marriage. Total: 26 weeks minimum, longer in practice.
Finances are separate — and important
The divorce itself does not divide money, pensions or property. Finances are dealt with under the Matrimonial Causes Act 1973, usually by a Consent Order sealed by the court. Applying for the Final Order before finances are resolved can lose valuable rights, particularly pension entitlements on death. Take advice first.
Children arrangements
Where possible, agree arrangements between yourselves or through mediation and a parenting plan. Only bring a Children Act 1989 application when agreement is impossible. Cafcass becomes involved if court proceedings are issued. Family court hearings for Essex cases are usually at Chelmsford or Southend.
Frequently asked questions
- How long does a no-fault divorce actually take?
- The minimum is 26 weeks by statute. In practice most divorces take 6 to 9 months because finances take time to resolve alongside. Contested finances can extend matters further.
- What does divorce cost?
- There is a court fee set by HMCTS, plus solicitor fees. Fee remissions may be available on low income. We quote your solicitor fees on the first call so there are no surprises.
- Sole or joint application, which is better?
- Joint is often calmer if you are on speaking terms and both agree the marriage is over. Sole makes sense if there is any risk of delay or non-cooperation, or if there are safeguarding concerns.