January is commonly the month for new commitments or fresh starts. Gym memberships spike, new goals get set, and planners get filled in. Less cheerfully? January has also earned a reputation for being “divorce month”, and family lawyers see their enquiries increase.
If you and your partner have recently separated or you have been thinking about divorce for a while, the turn of the year can feel like the point where you finally want to act. However, filing for divorce is just the start of the process.
Ending a marriage is understandably overwhelming, but divorce in England and Wales has become a little more straightforward since 2022, thanks to no-fault divorce.
In this blog, our family law team explains what no-fault divorce means in 2026, what the process looks like since the changes came into effect, and where family mediation may help you reach agreements without the “blame game”.
What is no-fault divorce?
No-fault divorce means you no longer need to blame your spouse for the breakdown of the marriage. Before 2022, people often felt forced to use “fault-based” reasons such as unreasonable behaviour or adultery, even when both parties agreed the relationship had simply come to an end.
Basically, unless separated for at least two years, one party had to say that their spouse’s behaviour was the reason the marriage ended.
Since 6 April 2022, it has been possible to apply for divorce by confirming that the marriage has broken down irretrievably, without needing to prove fault, meaning that couples can now divorce more amicably, saving both time and stress. We previously published a helpful guide titled “No-Fault Divorce Process – FAQs”.
Can you get divorced more quickly since no-fault divorce?
Not necessarily. While no-fault divorce removes the need to argue about the reason for the divorce, there is still a strict timeframe for the main process, with a minimum period of six months. Following an application to the court, there is a 20-week “reflection” period between the application for the divorce and when you will be granted a Conditional divorce order. After that, there is a mandatory waiting period of six weeks and one day before you can apply for the Final Order, which will legally bring your marriage or civil partnership to an end. Even in straightforward situations, the full process usually takes several months.
Do couples need to make a joint application?
No. You can apply alone (a sole application) or together (a joint application); it is up to you and depends on your circumstances.
Under the new reforms, it is also much harder to contest a divorce. New divorce laws mean that a divorce or civil partnership dissolution can only be contested based on jurisdiction and not for any other reason.
What about dividing finances and arrangements for children?
Many people mistakenly assume that financial responsibilities and child arrangements end when the marriage does. Here’s where many people trip up: divorce ends the marriage, but it doesn’t automatically sort out your finances or arrangements for the children. The house, savings, pensions, and who the children live with are all separate conversations. You may still need to agree on things like:
- where the children will live
- contact arrangements
- the family home and mortgage
- savings, pensions, and debts
- ongoing financial support
Read our previous article on financial settlements, which may be useful if you are dealing with this alongside divorce: FAQs Surrounding Financial Settlements on Divorce.
Do you have to go to court?
Many couples want to avoid a courtroom battle, particularly where children are involved. If that is your aim, family mediation can be a good place to start.
Family mediation gives you a structured space to talk through arrangements with the help of an independent mediator. It is often used to resolve issues about children, property and finances without going straight to court. Read Frequently Asked Questions About Family Mediation for more information.
Family Mediation Week 2026
If you’ve been thinking about mediation, Family Mediation Week 2026 runs from 26 to 30 January 2026. It’s organised by the Family Mediation Council and is used as an opportunity to raise awareness of family mediation and of the benefits it can bring to separating families.
Do I need a solicitor for a no-fault divorce?
You can apply for divorce yourself, as the updated online process is more straightforward. However, divorce is rarely just about completing forms, so most people find involving a family law solicitor eases the strain. There are also other important decisions about child arrangements, finances, and property to consider. Our family law team will guide you through the divorce process and support you every step of the way.
We’ll help you understand what’s involved, the timescales, and how to avoid common mistakes. When dealing with financial arrangements, including those for your children, our team will be on hand to handle them correctly. Our family law solicitors will also ensure that all agreements are legally binding and support you if there is a dispute with your former spouse.
Unsure about your next step? A quick call with our team can often make things feel far less intimidating. Call our Gloucester office on 01452 521286 or our Cheltenham office on 01242 269998. You can also email us at lawyers@langleywellington.co.uk or make an online enquiry.
How Langley Wellington can help
We understand that ending your marriage or civil partnership is never an easy decision, even when it is the right one. If you are separating from your partner or considering a divorce, our family law team can guide you through the no-fault divorce process, answer your questions, and help you work towards a practical outcome and ensure your rights are protected.
Langley Wellington also provides specialist advice in other areas of law relevant to divorce or separation, such as Wills, Lasting Powers of Attorney, Estate Planning, and Conveyancing.
Our team can also assist unmarried couples with issues surrounding cohabitation agreements and disputes.
You may also find our Family Law FAQs helpful: Family Law Frequently Asked Questions
