Divorce law in England and Wales has undergone its most significant transformation in half a century. Since the introduction of no-fault divorce in April 2022, the process of ending a marriage has become less adversarial and more straightforward. Now, as 2026 brings further reform, this time to the financial aspects of divorce, separating couples need to understand both how the current process works and what changes are coming to financial remedy law.
How No-Fault Divorce Works?
The Divorce, Dissolution and Separation Act 2020 abolished the old five facts system, which required a petitioning spouse to assign blame for the breakdown of the marriage. Under the new framework, either one spouse or both spouses jointly can apply for a divorce simply by stating that the marriage has broken down irretrievably. The timeline under the no-fault process is as follows:
- The court issues the application and a 20-week reflection period begins
- After 20 weeks, the applicant(s) may apply for the Conditional Order
- After a further 6 weeks and 1 day, the Final Order (divorce) can be applied for
Joint applications, now available for the first time, further reduce the potential for hostility. Both spouses apply together and can progress through the process without either party being cast as the wrongdoer.
The Role of Mediation and NCDR in 2026
From 2026, courts have strengthened their powers in relation to Non-Court Dispute Resolution (NCDR), which includes mediation, arbitration, and collaborative law. While parties cannot be forced to mediate, courts can now take a much more active approach in directing couples toward these processes before litigation proceeds.
If a party unreasonably refuses to engage with mediation or other NCDR options, courts can take that into account when making costs orders. For many separating couples, this creates a clear incentive to attempt resolution outside the courtroom.
Financial Remedy Reforms: A System Under Review
The financial aspects of divorce, how assets, property, pensions, and income are divided, have remained governed by principles developed primarily through case law rather than statutory codification. The Law Commission has been examining whether this system requires fundamental reform, and 2026 marks a watershed moment in that review.
Four models for reform were considered, but the Government has signalled support for what is known as the “Codification-Plus” model. This approach would preserve the discretionary, needs-based framework that English family courts are known for, while placing its key principles on a clear statutory footing. The aim is to improve predictability and transparency, reducing the cost and uncertainty of financial remedy proceedings.
Standish v Standish: Protecting Non-Matrimonial Assets
A significant development for divorcing couples in 2025 was the Court of Appeal decision in Standish v Standish, which clarified the boundaries around inherited and non-matrimonial assets. The Court confirmed that assets brought into a marriage by one party, such as an inheritance, a pre-marital property, or a gift from a family member, are not automatically
available for division on divorce.
Such assets will be protected as “non-matrimonial” unless they have been “matrimonialised,” that is, integrated into the couple’s shared finances or lifestyle. This ruling provides greater certainty for individuals who entered marriage with significant personal wealth.
Spousal Maintenance: A Move Toward Financial Independence
Spousal maintenance, ongoing payments from one former spouse to another after divorce has historically been ordered on an open-ended basis in England and Wales. The direction of travel in 2026 is firmly toward term-limited maintenance, designed to support the lower-earning spouse while they work toward financial independence.
Courts are increasingly expected to consider what is fair for the longer term, rather than creating a financial dependency that may last decades. While needs will always be the primary consideration, particularly for older spouses or those who gave up careers to care for children, the expectation of permanent maintenance without effort toward self-sufficiency is diminishing.
Transparency in the Family Courts
The Family Court Transparency Pilot, introduced to allow accredited journalists to report on anonymised family cases, represents a cultural shift in a system that has long operated behind closed doors. Greater transparency is intended to improve public confidence, encourage consistency in judicial decision-making, and highlight systemic issues that might
otherwise go unexamined.
Anonymisation protections remain strong. The pilot is about accountability in the abstract, ensuring that the principles applied in family courts can be scrutinised and debated publicly.
What Separating Couples Should Do Now
If you are considering divorce, taking early legal advice remains the most important step. Understanding the no-fault process, your financial rights, and the likely trajectory of reform will help you make informed decisions. Where possible, engaging in mediation or NCDR before court proceedings begin is both encouraged by the courts and often more cost-effective.
For those with significant assets, inherited wealth, or complex pension arrangements, specialist advice is particularly important in light of the evolving financial remedy landscape.