No-Fault Divorce and Finances: 2026 Update

Last updated: January 2026

Quick Answer

Since April 2022, the Divorce, Dissolution and Civil Partnership Act 2020 enables divorce without blame—no allegations of adultery or unreasonable behaviour required. According to Ministry of Justice statistics, applications increased 21% in the first year post-reform. Critically, financial remedy law remains unchanged—Section 25 of the Matrimonial Causes Act 1973 still governs asset division. The minimum divorce timeline is 26 weeks.

What Changed With No-Fault Divorce

The Old System (Pre-April 2022)

Fact Required	Usage Rate	Practical Impact
Unreasonable behaviour	~50%	Required listing spouse's faults
Two years' separation (consent)	~25%	Required waiting and agreement
Adultery	~10%	Required admission or proof
Five years' separation	~10%	Long wait, no consent needed
Desertion	~5%	Rare, difficult to prove

"Under the old law, most couples used 'unreasonable behaviour' to avoid waiting two years—drafting petitions listing criticisms of their spouse." — Resolution

The New System (From April 2022)

Feature	Detail
Application	Simple statement that marriage has irretrievably broken down
Joint applications	Now possible—both parties apply together
20-week period	Reflection period before conditional order
6-week period	Before final order can be applied for
Minimum total	26 weeks from application to divorce
Defence	Cannot contest that spouse wants divorce

Key Statistics Since Reform

Metric	Data	Source
Applications first year	142,000+	MOJ Statistics 2023
Joint applications	~15% of total	MOJ Statistics
Average processing time	32 weeks	HMCTS Data
Conditional orders granted	98%+ of applications	MOJ Statistics

What Hasn't Changed: Financial Remedy

"The factors courts consider when dividing finances (Section 25 of the Matrimonial Causes Act 1973) weren't touched by the no-fault reforms." — Family Law Week

Section 25 Factors (Unchanged)

Factor	Section Reference
Children's welfare	First consideration
Income and earning capacity	§25(2)(a)
Financial needs, obligations	§25(2)(b)
Standard of living	§25(2)(c)
Age and marriage duration	§25(2)(d)
Physical/mental disability	§25(2)(e)
Contributions to welfare	§25(2)(f)
Conduct	§25(2)(g)—exceptional cases only
Loss of benefits	§25(2)(h)

What Remains Identical

Aspect	Status
Section 25 factors	Completely unchanged
Court discretion	Full discretion maintained
Pension sharing	Same rules apply
Property division	Same principles
Maintenance orders	Same considerations
Clean break objective	Still preferred where possible

The Practical Impact

Reduced Hostility at Start

Before No-Fault	After No-Fault
Divorce petition lists spouse's faults	Simple statement of breakdown
Allegations create conflict	No blame required
Starts negotiations badly	Neutral starting point
Ammunition for financial disputes	No behavioural material to misuse

Joint Applications

Benefit	Explanation
Signals cooperation	Both parties demonstrate willingness
Shared timing control	Neither can delay without reason
Sets collaborative tone	Extends to financial negotiations
Single fee	£593 divided between parties

Timeline Predictability

Stage	Timing
Application filed	Week 0
20-week reflection	Weeks 0-20
Conditional order	Week 20+
6-week wait	Weeks 20-26
Final order	Week 26+

Conduct in Financial Remedy: Still Rarely Relevant

The High Threshold

Conduct Type	Relevance to Financial Remedy
Adultery	NOT relevant
Unreasonable behaviour	NOT relevant
Emotional cruelty	NOT relevant
New relationship	NOT relevant
Financial misconduct	RELEVANT
Asset hiding/dissipation	RELEVANT
Violence causing lasting harm	RELEVANT (affecting earning capacity)

"Courts aren't moral arbiters of marriages. The question is fair financial division, not punishment for wrongdoing." — Judicial guidance

Conduct That May Affect Division

Financial Misconduct	Potential Impact
Hiding assets	Adverse inference, possible costs
Dissipating assets	Added back to pot
False disclosure	Costs orders, court sanctions
Gambling away assets	Relevant to division

The 26-Week Timeline and Financial Proceedings

Parallel Tracks

Divorce Track	Financial Remedy Track
Week 0: Application	Week 0-4: Gather documents
Week 20: Conditional order	Week 4-12: Form E preparation
Week 26: Final order	Week 12-16: Exchange, questionnaires
	Week 16-24: FDA, valuations
	Week 24-32: FDR
	Week 32+: Final hearing if needed

Critical Timing Considerations

Issue	Risk	Solution
Form A filing	Claims may be lost if not filed before final order	File Form A early
Pension sharing	Only takes effect on final order	Don't rush divorce if pensions unresolved
Death before final order	Inheritance rights may exist	Consider timing carefully
Financial consent order	Can be approved before divorce finalises	Progress finances alongside divorce

2025-2026 Developments

Digital Processing

Development	Status
Online divorce applications	Fully operational
Electronic document filing	Standard across courts
Digital orders	Issued electronically
Online tracking	Application progress visible

Court Backlogs

Period	Status
2022-2023	Significant backlogs post-reform
2024	Gradual clearance
2025-2026	Largely cleared; some financial remedy delays

ADR Emphasis

Requirement	Detail
MIAM	Still mandatory before court proceedings
Mediation push	Judges actively question non-settlement
Cost implications	Failing to mediate may affect costs

"Courts increasingly expect parties to consider mediation before contested proceedings. No-fault philosophy extends to encouraging resolution rather than combat." — Family Mediation Council

Preparing Your Financial Bundle in 2026

Modern Bundle Requirements: Electronic bundles compliant with Practice Direction 27A are standard. BundleCreator.co automates pagination, bookmarking, and OCR for court-ready PDF bundles.

What to Include

Section	Contents
A - Preliminary	Index, chronology, position statements
B - Orders	All court orders in chronological order
C - Financial statements	Form E with all attachments
D - Questionnaires	Questionnaires and replies
E - Valuations	Property, pension, business valuations
F - Other	Relevant correspondence, offers

What NOT to Include

Exclude	Reason
~~Divorce petition~~	No longer exists in old form
~~Behaviour allegations~~	Unless genuine financial conduct
~~Relationship grievances~~	Irrelevant to Section 25
~~Personal attacks~~	Damages credibility

Professional Tone

2026 Standard	Judges Expect
Focused on Section 25	Relevant financial factors only
Professional presentation	Well-organised, paginated bundles
Settlement attempts shown	Evidence of negotiation
Proportionate approach	Costs appropriate to dispute

Practical Advice for 2026

If Starting Divorce

Step	Action
1	Consider joint application if spouse agrees
2	File Form A for financial remedy promptly
3	Begin gathering financial documentation immediately
4	Consider mediation before court proceedings
5	Start Form E preparation early

If In Financial Proceedings

Priority	Focus
1	Section 25 factors, not blame
2	Professional, focused bundles using BundleCreator.co
3	Genuine FDR engagement
4	Proportionate costs
5	Settlement where possible

If Approaching Final Order

Check	Action
Financial matters resolved?	Confirm or protect
Pension sharing in place?	Must be before final order
Consent order approved?	Ideally before final order
Form A filed?	Essential if finances unresolved

Frequently Asked Questions

Has no-fault divorce changed how courts divide finances?

No. Section 25 of the Matrimonial Causes Act 1973 remains completely unchanged. Courts consider the same factors (income, needs, standard of living, contributions, etc.) exactly as before.

Does adultery or unreasonable behaviour affect financial settlement?

Virtually never. Conduct only affects division where it would be "inequitable to disregard"—typically only financial misconduct like hiding assets. Relationship behaviour remains irrelevant.

What is the minimum time for divorce?

26 weeks from application to final order. This includes a 20-week reflection period before conditional order and a 6-week wait before final order.

Should I file Form A before the divorce finalises?

Yes, strongly recommended. Filing Form A (the financial remedy application) protects your claims. Without it filed before final order, you may face complications making financial claims later.

Can we do a joint divorce application?

Yes, since April 2022. Both spouses can apply together, signalling cooperation. About 15% of applications are joint. The £593 fee is shared.

How long do financial remedy proceedings take?

Typically 9-12 months, often longer than the divorce itself. Complex cases can take 18+ months. Most financial proceedings take longer than the 26-week minimum divorce timeline.

Your No-Fault Divorce Financial Checklist

File divorce application – online via GOV.UK or joint with spouse
File Form A early – protect financial claims
Gather financial documents – bank statements, pensions, property
Consider mediation – MIAM required before court
Prepare comprehensive Form E – full disclosure essential
Focus on Section 25 factors – not blame or behaviour
Engage genuinely at FDR – 65-70% settle at this stage
Create professional bundle – use BundleCreator.co for PD27A alignment
Resolve finances before final order – especially pension sharing
Apply for final order – only when finances protected

This guide provides general information about no-fault divorce and finances in England and Wales. It is not legal advice. For advice specific to your situation, consult a qualified family solicitor.

Sources:

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About the Author

Stevie Hayes