No-Fault Divorce and Child Arrangements in England

What Changed Under the Divorce, Dissolution and Separation Act 2020

Before the Divorce, Dissolution and Separation Act 2020 (DDSA) came into force in April 2022, one spouse had to prove fault — adultery, unreasonable behaviour, or desertion — or demonstrate a two- to five-year separation. The DDSA replaced all of that with a single administrative declaration that the marriage has broken down irretrievably. No blame required. No forced separation period.

This sounds simpler, and in procedural terms it is. You file Form D8 online through the HMCTS portal, pay the £628 court fee, and wait out two mandatory cooling-off windows before the marriage is legally dissolved.

But here's the part that catches most parents off guard: your Final Order of divorce does nothing to resolve child arrangements or divide finances. Those are entirely separate legal processes, governed by different statutes, filed on different forms, and often heard in different courtrooms. Parents who assume the divorce tidies everything up routinely discover months later that their former spouse still has open financial claims against them and that their informal parenting schedule has no legal standing.

The Two Cooling-Off Windows Explained

The DDSA builds in two mandatory waiting periods between filing and receiving the Final Order:

The 20-week reflection period starts from the date HMCTS issues the divorce application. During this window, neither party can apply for the Conditional Order (formerly the decree nisi). The intent is to give couples time to reconsider or, more practically, to sort out finances and child arrangements before the legal divorce finalises.

The 6-week-and-1-day gap runs from the date the Conditional Order is granted to the earliest date either party can apply for the Final Order. This second pause exists to protect the respondent — it ensures they have time to apply for financial orders before the marriage officially ends (which matters because certain spousal claims can expire on divorce).

Combined, the minimum timeline from filing to Final Order is roughly 26 weeks, though actual cases can take longer because of administrative processing times.

Why Child Arrangements Run on a Separate Track

The divorce itself is handled under the DDSA 2020. Child arrangements fall under the Children Act 1989 — a completely different statute. The form you file for a child arrangements order is the C100, which carries its own £270 court fee and its own procedural requirements.

This separation matters for three practical reasons:

Timing independence. You don't need to wait for your divorce to file a C100, and you don't need a C100 to get divorced. Many parents file both simultaneously. Others resolve child arrangements months before or after the divorce. The processes don't gate each other.

The MIAM requirement applies to children, not divorce. Before filing a C100, you must attend a Mediation Information and Assessment Meeting unless a statutory exemption applies (domestic abuse, urgency, or the other party's refusal to engage). The MIAM costs £100 to £150 per person. This requirement doesn't apply to the divorce application itself.

Different decision-makers. Your divorce application is processed administratively — no judge examines the merits of your marriage. A child arrangements application, by contrast, is heard by a Family Court judge who applies the welfare checklist under Section 1(3) of the Children Act 1989, assessing the child's wishes, needs, risk of harm, and each parent's capability.

Using the 20-Week Reflection Period Strategically

The reflection period is widely misunderstood as dead time. In practice, it's the most productive window you have. Courts can't process your Conditional Order during these 20 weeks regardless, so you lose nothing by using the time to resolve child arrangements and finances outside of court.

Negotiate a parenting plan. Use Cafcass's "Our Child's Plan" framework or work through a structured guide to draft specific arrangements — weekday routines, weekend schedules, holiday splits, handover logistics, and communication protocols. A plan agreed during this window can be converted into a consent order; both parents sign it and the court must approve it, but agreement can avoid a contested C100 application and hearing.

Attend mediation. If you're going to need the MIAM anyway, scheduling it early gives you access to the government's £500 Family Mediation Voucher Scheme. Full mediation sessions typically cost £120 to £150 plus VAT per hour per person, so the voucher covers a significant portion.

Gather financial disclosure. If finances are intertwined with child arrangements (they usually are — who keeps the family home directly affects where the children live), use this window to exchange Form E financial statements. Courts expect full disclosure before making any order.

What Happens If You Divorce Without Settling Child Arrangements

Nothing forces you to resolve child arrangements before or during the divorce. But leaving them informal creates real risk:

An informal verbal agreement about where the children live is unenforceable. If one parent changes the arrangement unilaterally — moves to a different city, changes the children's school, stops allowing overnights — the other parent has no legal mechanism to compel compliance without going to court from scratch.

The 2026 rollout of the Child Focused Court Model has made early preparation even more important. Under this model, Cafcass begins its Child Impact Report the moment a C100 is filed, and the judge relies heavily on that report at the first hearing. Parents who file without a clear parenting proposal or supporting evidence risk an unfavourable early assessment that shapes the entire case.

The Practical Filing Sequence

For most separating parents in England, this is the sequence that minimises cost and maximises control:

1. File Form D8 (divorce application) — £628, online through the HMCTS portal
2. Attend a MIAM during the reflection period — £100–£150
3. Negotiate a parenting plan using mediation or structured self-help resources
4. If agreement is reached: apply for a consent order to make the plan legally binding — £62 for finances; for child arrangements, submit the signed consent order for court approval rather than proceed with a contested C100 application
5. If agreement fails: file Form C100 for a child arrangements order — £270 (check EX160 fee waiver eligibility)
6. Apply for Conditional Order once the 20-week period expires
7. Apply for Final Order after the 6-week-and-1-day gap

The England Child Custody & Parenting Plan Guide walks through each of these steps with the specific forms, timelines, and court expectations that apply under the current system — including preparation checklists for the MIAM, C100, and FHDRA.

Key Dates and Costs at a Glance

If court fees are a barrier, Form EX160 lets you apply for a full or partial fee waiver based on income and savings thresholds. Parents receiving Universal Credit with annual earnings under £6,000 typically qualify for a complete remission.

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