No-fault divorce: do you need a solicitor?

Since no-fault divorce arrived in 2022, ending a marriage has become genuinely straightforward, no blame, no proving who did what, often no need for a solicitor just to get divorced. But that simplicity hides the part that actually matters. The divorce and the money are two separate things, and getting divorced does not, by itself, settle your finances or protect you from future claims. This guide explains how it all fits together, and where you really do need advice.

How does no-fault divorce work?

Under the Divorce, Dissolution and Separation Act 2020, either spouse, or both jointly, can apply for divorce simply by stating that the marriage has broken down irretrievably. There is no need to allege fault or prove a period of separation, and your spouse cannot contest the divorce itself except on narrow technical grounds. You can apply online through GOV.UK, and the court fee is currently £628. The process then runs through a mandatory 20-week reflection period, a conditional order (formerly the decree nisi), a further wait of six weeks and one day, and finally the final order (formerly the decree absolute) that ends the marriage. The minimum timeline is around 26 weeks, though in practice many divorces take closer to a year.

The divorce and the money are two separate things

This is the single most important thing to understand. A divorce ends your marriage. It does not divide your assets, deal with your pensions, or stop your former spouse making a financial claim against you. Those are handled through an entirely separate process, a financial settlement. Arrangements for any children are separate again. Many people assume that once the final order comes through, everything is sorted. It is not: the divorce and the finances are two distinct tracks, and you need to deal with both.

Why getting divorced doesn’t end your financial claims

Without a financial order from the court, the financial ties between you and your former spouse remain open, potentially for life. That is not a theoretical risk. In the well-known case of Wyatt v Vince, the Supreme Court allowed a former wife to bring a financial claim against her ex-husband around twenty years after they separated, by which point he had built a successful business. Because they had never obtained a financial order, the claim was allowed to proceed. The lesson is simple: a divorce on its own leaves the door open, and only a financial order closes it.

What is a financial order, and do you need one?

A financial order is a court order that sets out how your finances are divided and, crucially, can prevent future claims. Where you and your spouse agree, it is called a consent order, your agreement is put into a court order and approved by a judge, which makes it legally binding. A clean break order goes further, severing all financial ties so that neither of you can claim against the other in future. Pensions, often the largest asset after the family home, can be divided through a pension sharing order and are easy to overlook. In almost every divorce, getting a financial order is worth doing, it is the step that gives you certainty. Our financial settlements page explains the options in detail, and our financial consent order checker can help you understand whether you need one.

Don’t rush the final order

It is tempting to push for the final order as quickly as possible, but doing so before your finances are resolved can cause real problems. Ending the marriage can affect certain rights, including some pension and inheritance entitlements that depend on still being married, so the timing matters. There is also a trap to be aware of: if you remarry before applying for a financial order, you can lose the right to make certain financial claims against your former spouse. As a general rule, it is wise to sort the finances, or at least apply for your financial order, before finalising the divorce or remarrying.

Do you need a solicitor for your divorce?

Honestly, not always, and it helps to separate the two questions. For the divorce itself, many people manage the online process perfectly well on their own, particularly where things are amicable. It is the financial settlement where advice earns its keep. Negotiating who gets what, valuing and sharing pensions, and getting a watertight consent order are where mistakes are expensive and hard to undo. A perfectly sensible approach, and a common one, is to handle the divorce paperwork yourself but take proper advice on the finances. If your situation involves significant assets, a business, pensions, or any disagreement, that advice becomes all the more important.

How we help

Our family law team helps people across South Wales and the South West through divorce, handling as much or as little as you need, from the divorce application through to negotiating and securing a financial settlement that protects you. If you are at the very start and just trying to get your bearings, our guide for when a relationship is ending is a good place to begin, and GOV.UK sets out the basic steps to apply for a divorce. To talk things through, request a callback and we will come back to you.

A note on figures: the fees and figures in this article are correct as at the date of publication shown on this article. Court fees, taxes and other charges change from time to time, so please check the current figures with the relevant official source before relying on them.