What are the different types of divorce?

How many types of divorce at there in the UK?

You might be encountering lots of new terms as you start thinking about divorce. It can help to know that, under current law, there’s just one type of divorce in England and Wales, which is no-fault divorce.

Since 6 April 2022, the only route to end a marriage is by showing it has irretrievably broken down. You simply submit a statement of irretrievable breakdown rather than citing fault-based reasons like adultery or unreasonable behaviour. The right to contest a divorce has also been removed, making the process less adversarial. Key terms you may come across include:

• Statement of irretrievable breakdown: the single ground for divorce
• Joint application: both spouses file together
• Sole application: one spouse files alone
• Conditional order: the court’s provisional decision
• Final order: the order that legally ends the marriage

Becoming familiar with these terms will give you confidence when you’re exploring your options or talking to a family law specialist.

No-fault divorce

Since the Divorce, Dissolution and Separation Act 2020 received Royal Assent in June 2020 and came into force on 6 April 2022, couples in England and Wales can apply for divorce simply by stating that their marriage has irretrievably broken down, without assigning blame for adultery, unreasonable behaviour or any of the previous fault-based grounds.

Contesting a divorce application has been removed, and parties can now file together through a joint application or separately via a sole application. The reform also replaced “decree nisi” and “decree absolute” with plain-English terms—conditional order and final order—and introduced a mandatory 20-week reflection period before applying for a conditional order, giving couples time to plan their next steps.

By streamlining and de-escalating the process, no-fault divorce reduces conflict, protects vulnerable partners from abuse of the system and aligns divorce and civil partnership dissolution procedures.

‘Fault’ divorce

With the introduction of no-fault divorce, there is no longer a requirement for blame to be assigned. The sole ground for divorce is now the irretrievable breakdown of the marriage. This approach allows couples to separate without having to prove wrongdoing, and divorces can no longer be contested, although there are some legal grounds on which a divorce could be challenged.

Under the fault-based divorce system, couples were required to demonstrate that their marriage had broken down irretrievably by citing one of five specific reasons:

• Adultery: Proof was needed that a spouse had sexual intercourse with someone of the opposite sex.
• Unreasonable behaviour: The spouse’s conduct had to be shown as intolerable to a reasonable person.
• Desertion: One spouse had to have been absent for more than two years without consent or valid reason.
• Two years’ separation with consent: Divorce was possible if both parties agreed.
• Five years’ separation without consent: Divorce could proceed even if only one party wished to end the marriage.

Adultery and unreasonable behaviour were considered fault-based, meaning the spouse wanting a divorce had to prove that the other party was to blame for the breakdown. This often led to increased tension and emotional strain, as couples were forced to air personal grievances in court, potentially creating a hostile environment.

This system is now seen as outdated as it placed unnecessary pressure on separating couples and often escalated conflict at a time when cooperation was needed. By removing the need to assign fault, the new legislation aims to reduce acrimony and supports a more constructive path forward.

Contested vs. uncontested divorce

A contested divorce occurs when one spouse disagrees with some aspect of the divorce. In contrast, an uncontested divorce means both parties agree on all terms and the process typically proceeds more smoothly.

Under the previous fault-based system, a divorce could be contested if one spouse denied the allegations made against them, such as adultery or unreasonable behaviour, or disagreed that the marriage had broken down irretrievably. However, with the introduction of no-fault divorce, this option is no longer available.

The law now allows either party to submit a statement of irretrievable breakdown, which cannot be challenged. This change was designed to reduce conflict and prevent one spouse from blocking the other's decision to end the marriage.

Same-sex divorce

The Marriage (Same Sex Couples) Act 2013 made same-sex marriage legal in England and Wales, granting same-sex couples the same legal rights as opposite-sex couples, including the ability to apply for divorce under the current no-fault system. This means that either party in a same-sex marriage can submit a statement of irretrievable breakdown without assigning blame, and the process mirrors that of any other married couple.

However, child arrangements can still present unique challenges, particularly in cases involving adoption or surrogacy. For example, if a child was adopted jointly, both parents typically share equal parental responsibility, but if only one parent is legally recognised, disputes may arise over custody or contact. Similarly, surrogacy arrangements, especially those made informally or internationally, can complicate the establishment of legal parenthood, which in turn affects decisions during divorce.

These complexities can be further heightened when one parent is biologically related to the child and the other is not, potentially leading to disagreements over living arrangements or visitation rights. Although UK family courts always prioritise the best interests of the child, same-sex couples are often encouraged to seek legal advice to navigate these issues and ensure fair outcomes for all involved.

Annulment

An annulment is a legal declaration that a marriage was never valid in the first place, meaning it is treated as though it never existed. Unlike divorce, which ends a legally recognised marriage, annulment is only granted under strict conditions. These include situations where the marriage was void, such as one party already being married, being closely related, or underage or it can be voidable, like lack of consent, non-consummation (for opposite-sex couples), or concealment of a sexually transmitted disease or pregnancy by another person. With these criteria, annulments are much less common.

Legal separation

A legal separation agreement is a formal arrangement that allows married couples to live apart while remaining legally married. Unlike divorce, which permanently ends the marriage, legal separation provides a structured way to separate without dissolving the union. This agreement outlines key responsibilities such as financial arrangements, childcare, and property division, and can be approved by the court to ensure it is legally binding. Many couples choose legal separation over divorce for personal, religious, or financial reasons, or because they are not certain they want to end the marriage entirely.

Industry-leading support from Slater and Gordon’s specialist divorce lawyers

At Slater and Gordon, we understand that separation and divorce can be emotionally and legally complex, which is why our compassionate and dedicated family law team is here to guide you every step of the way. As proud members of Resolution, we champion a constructive approach to family law, focusing on finding amicable solutions that protect your wellbeing and that of your family.

With offices nationwide, our industry-leading experts offer a comprehensive range of services including divorce and separation, financial settlements, child arrangements, cohabitation disputes, and nuptial agreements. Recognised across the legal industry by Chambers and Partners and Legal 500, our team is committed to securing the best possible outcome for you and your family.