Going through a divorce is never easy, but the introduction of no-fault divorce in England and Wales has made the legal process significantly less adversarial. If you're considering ending your marriage in 2026, understanding how no-fault divorce works can help you navigate this challenging time with greater confidence.
At MCR Solicitors in Manchester, we've helped hundreds of clients through the no-fault divorce process since its introduction in April 2022. In this comprehensive guide, we explain everything you need to know about getting divorced in 2026.
What is No-Fault Divorce?
No-fault divorce allows couples to end their marriage without having to blame one another. Before April 2022, you had to prove one of five 'facts' to get divorced, including adultery, unreasonable behaviour, or separation for 2-5 years.
Now, you simply need to provide a statement of irretrievable breakdown. This is the sole ground for divorce, and your spouse cannot contest it.
Key Benefits of No-Fault Divorce
- Reduces conflict - No need to make accusations against your spouse
- Protects children - Less hostility benefits the whole family
- Simpler process - Straightforward application procedure
- Joint applications - You can apply together if you both agree
- Cannot be contested - Your spouse cannot block the divorce
The No-Fault Divorce Process Explained
The divorce process in 2026 follows these key stages:
Stage 1: Application
You start by submitting a divorce application online through the government portal or by post. You can apply:
- Sole application - One spouse applies alone
- Joint application - Both spouses apply together
The court fee is currently £593 (as of 2026). If you're on a low income, you may be eligible for help with fees.
Stage 2: The 20-Week Reflection Period
After the court issues your application, there's a mandatory 20-week waiting period. This is designed to give couples time to:
- Reflect on their decision
- Make practical arrangements
- Negotiate financial settlements
- Agree child arrangements
You cannot skip or shorten this period, even if you both want a quick divorce.
Stage 3: Conditional Order
After 20 weeks, you can apply for a Conditional Order (previously called Decree Nisi). This confirms the court is satisfied you're entitled to a divorce.
Stage 4: Final Order
Six weeks after the Conditional Order, you can apply for the Final Order (previously Decree Absolute). This legally ends your marriage.
Total minimum timeline: 26 weeks (approximately 6 months)
No-Fault Divorce Costs in 2026
Understanding the costs involved helps you plan effectively:
| Cost Type | Amount |
|---|---|
| Court fee | £593 |
| Solicitor fees (if used) | £500 - £3,000+ |
| Financial order (consent order) | £53 court fee + solicitor costs |
Ways to Reduce Divorce Costs
- Joint application - Share the court fee
- Fixed-fee services - Many solicitors offer fixed fees for straightforward divorces
- Fee remission - Apply for help with court fees if on low income
- Mediation - Resolve disputes without court proceedings
Can My Spouse Stop the Divorce?
Under the no-fault system, your spouse cannot contest the divorce itself. They can only dispute:
- The court's jurisdiction
- The validity of your marriage
- Whether the marriage has already ended
This is a significant change from the old system, where defending a divorce was possible (though rare).
What About Children and Finances?
It's important to understand that divorce only ends your marriage. You'll need separate arrangements for:
Children
You should agree child arrangements (where children live, contact with both parents) either between yourselves, through mediation, or via court if necessary.
Finances
We strongly recommend obtaining a financial consent order to legally divide your assets. Without this, either spouse could make financial claims in the future - even years after divorce.
Online vs Solicitor: Which is Best?
You can apply for divorce online yourself through the government portal. However, using a solicitor is advisable if:
- You have significant assets to divide
- There are children involved
- Your spouse may be difficult
- You want peace of mind the process is handled correctly
- You need a financial consent order
Why Choose MCR Solicitors for Your Divorce?
At MCR Solicitors, we offer:
- Fixed-fee divorce packages from £599 + VAT
- Free initial consultation to discuss your situation
- Expert family law solicitors with decades of experience
- Compassionate support throughout the process
- Manchester-based with easy access across Greater Manchester
Frequently Asked Questions
How long does a no-fault divorce take in 2026?
The minimum timeframe is 26 weeks (approximately 6 months). This includes the 20-week reflection period after application and a further 6 weeks before the Final Order. In practice, most divorces take 6-9 months.
How much does a no-fault divorce cost?
The court fee is £593. If you use a solicitor, expect to pay between £500-£3,000 depending on complexity. MCR Solicitors offers fixed-fee packages starting from £599 + VAT for straightforward divorces.
Can I get divorced without my spouse's agreement?
Yes. With no-fault divorce, you can apply on your own (sole application), and your spouse cannot contest the divorce itself. They must be served with the application but don't need to agree.
What's the difference between Conditional Order and Final Order?
The Conditional Order (formerly Decree Nisi) confirms the court is satisfied you're entitled to divorce. The Final Order (formerly Decree Absolute), applied for 6 weeks later, legally ends your marriage.
Can we apply for divorce together?
Yes, joint applications are available under the no-fault system. This can reduce conflict and allows you to share the court fee. Both parties must agree to apply jointly.
Do I need a solicitor for no-fault divorce?
Not legally, but we recommend using a solicitor if you have assets, children, or potential disputes. A solicitor ensures your interests are protected and can draft essential documents like financial consent orders.
What happens to our house during divorce?
Your home and other assets are dealt with separately through financial proceedings. Options include selling and splitting proceeds, one spouse buying the other out, or transferring ownership. A consent order makes any agreement legally binding.
Can I change my name after divorce?
Yes. Once you have your Final Order, you can change your name back to your maiden name (or any other name) by showing the Final Order as proof of your divorce.
What if my spouse lives abroad?
You can still divorce in England and Wales if you meet certain residency requirements. The process may take longer as serving papers internationally can be more complex. Contact us for advice on international divorce.
Is mediation required before divorce?
Mediation isn't required for the divorce itself, but you must attend a Mediation Information and Assessment Meeting (MIAM) before applying to court for child arrangements or financial orders, unless exemptions apply.
Get Expert Help With Your Divorce
If you're considering divorce in 2026, MCR Solicitors is here to help. Our experienced family law team can guide you through every step of the process, from initial application to Final Order and financial settlement.
Contact us today for a free, confidential consultation:
- Phone: 0161 466 1280
- Address: First Floor, 1024 Stockport Road, Manchester M19 3WX
- Email: [email protected]
We offer fixed-fee divorce packages and flexible payment options. Let us help you move forward with your life.
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