no-fault divorce was introduced in England and Wales on the 6th of April 2022, meaning you no longer need to choose a reason to support the fact that your marriage has broken down 'irretrievably'.
You can read more about this change in our no-fault divorce guide.
To get divorced in England & Wales, you must:
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Be married for at least a year
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Have an address for your ex-partner so the court can send them a copy of your divorce application and a form to complete
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The original or a certified copy of your marriage certificate in English
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£593 to pay the government court fees. You can also check if you or your ex-partner are eligible for money off the court fees here.
Before the introduction of no-fault divorce in England and Wales, you would have to select one of the five ‘facts', also called the 'grounds for divorce', which were:
Adultery
One of you has had sex with someone of the opposite sex. You can't use adultery as a reason if you have lived together as a couple for six months after you found out about it.
Find out moreUnreasonable behaviour
One person has behaved in a way that means the other person feels they cannot continue to live with them. Examples of behaviour might include abuse or addiction but increasingly court will accept milder examples such as a lack of love and emotional support.
Find out more
Two years separation
You’ve lived apart for more than two years. This can be in the same household provided you have separate sleeping, eating and financial arrangements. Both of you must confirm this in writing.
Find out moreFive years separation
You’ve lived apart for more than five years. This is different to two years separation as your husband/wife doesn’t have to agree to the divorce.
Find out more
Desertion
One person has left the other without agreement, and without good reason, for a period of more than two years in the past two and a half years. You can still use desertion if you’ve lived together for up to six months in this period.
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