# Divorce and dissolution: no-fault process overview

> **Key takeaway:** No-fault: irretrievable breakdown by statement (MCA 1973 as amended / DDSA 2020). Sole or joint application. Conditional then final order with minimum gaps. Finance and children are separate. Procedure: FPR Part 7 / online system.

- **Jurisdiction:** England & Wales
- **Practice area:** Family
- **Last reviewed:** 2026-08-04
- **Interactive page:** https://kttclegal.info/library/notes/Family/divorce-and-dissolution-overview
- **Keywords:** divorce, dissolution, no-fault, Divorce Dissolution and Separation Act 2020, conditional order, final order, irretrievable breakdown, civil partnership

## What is this about?

Divorce (marriage) and dissolution (civil partnership) in England and Wales now follow a no-fault framework under the Divorce, Dissolution and Separation Act 2020 reforms. The irretrievable breakdown of the relationship is established by statement, without allocating blame through adultery or behaviour facts as the petition engine.

## What is the core rule?

A marriage may be ended by divorce order on the sole ground that it has broken down irretrievably, evidenced by a statement to that effect (Matrimonial Causes Act 1973 as amended). The process uses an application (sole or joint), a minimum 20-week period to conditional order, then a further wait to final order (standard headline timings under the reformed procedure). Civil partnership dissolution mirrors the structure under the Civil Partnership Act 2004 as amended. The court retains limited power to pause in specified circumstances; marriage nullities remain a separate route.

## What are the elements or test?

1. Marriage or civil partnership — correct process (divorce vs dissolution)?
2. Jurisdiction and venue under family procedure rules
3. Sole or joint application; statement of irretrievable breakdown
4. Timeline: application → conditional order → final order (observe statutory minimum periods)
5. Parallel children and financial remedy issues (separate applications/modules)
6. Any dispute about validity, jurisdiction, or protected parties?

## Which authorities matter?

- **Matrimonial Causes Act 1973 (as amended by the Divorce, Dissolution and Separation Act 2020)** — Primary statute for divorce ground and orders under the no-fault regime.
- **Divorce, Dissolution and Separation Act 2020** — Reforming statute introducing no-fault divorce/dissolution and joint applications.
- **Family Procedure Rules 2010 (Part 7 and related practice directions)** — Procedural machinery for divorce/dissolution applications — check current online process guidance.

## How does this apply in practice?

Financial remedies and children arrangements are not automatic consequences of the final order — they need their own applications and evidence. Religious marriages and overseas divorces raise recognition issues beyond this overview. Always verify current online portal steps and fees. This is not advice for litigants in person on form-filling detail.

## What are common pitfalls?

- Assuming the final order divides money or settles children issues without separate orders
- Missing minimum waiting periods between stages
- Confusing void/voidable marriage claims with divorce
- Jurisdiction mistakes for international couples

## When would a practitioner use this?

Client process explanations, parallel case-management with finance/children, and timing strategy for final order vs financial claims.

## Quick reference

No-fault: irretrievable breakdown by statement (MCA 1973 as amended / DDSA 2020). Sole or joint application. Conditional then final order with minimum gaps. Finance and children are separate. Procedure: FPR Part 7 / online system.

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*Reference material from [KTTC Legal](https://kttclegal.info/), not legal advice. Work product supports instructing solicitors and barristers under their supervision. England & Wales.*