The Most Common Reasons for Divorce, and the Only Legal One Left

The most common legal reason given for divorce in England and Wales used to be "unreasonable behaviour". In 2021, the last full year under the old law, it was cited in 48.1% of divorces where the wife applied. Since 6 April 2022 no reason is needed: you state that the marriage has broken down irretrievably, and the court accepts it.

That is the short answer. The longer one matters, because the reasons people separate and the reasons the law used to ask for were never quite the same thing. This guide covers both. It describes the law in England and Wales; Scotland and Northern Ireland have their own process.

The legal reason for divorce now

There is now one legal ground for divorce: the marriage has broken down irretrievably.

You show this with a statement in your application. The court must take that statement as conclusive evidence and make a divorce order. You do not have to describe what went wrong, or prove anything about your husband or wife. Nobody is named as being at fault.

This came in with the Divorce, Dissolution and Separation Act 2020, which took full effect on 6 April 2022. It is often called "no-fault divorce".

You can apply if:

• you have been married for over a year
• your relationship has permanently broken down
• your marriage is legally recognised in the UK, including same-sex marriage

You can apply jointly, if you both agree and you are not at risk of domestic abuse. Or you can apply alone (a sole application), if your husband or wife does not agree or you don't think they will cooperate. Most people now apply alone: in 2023, 73.3% of divorces granted under the new law were sole applications.

What the law asked for before April 2022

Under the old law you still had to show the marriage had broken down irretrievably, but you also had to prove at least one of five "facts":

1. Adultery — and that you found it intolerable to live with your spouse.
2. Behaviour — your spouse behaved in a way you could not reasonably be expected to live with. This was usually called "unreasonable behaviour".
3. Desertion — for at least two years.
4. Two years' separation — with your spouse's consent.
5. Five years' separation — no consent needed.

If you are reading older articles, or remember a friend's divorce, this is the system they describe. It no longer applies to new applications.

Can your husband or wife stop the divorce?

Not because they don't want it. GOV.UK is plain about this: your spouse needs a genuine legal reason to dispute the divorce, and cannot dispute it simply because they do not want a divorce or to delay the process. The grounds that remain are limited, such as whether the courts of England and Wales have jurisdiction.

What the official figures say about why marriages end

The Office for National Statistics (ONS) used to record which of the five facts each divorce was granted on. The last full year under the old law was 2021. That year, among opposite-sex couples:

• Unreasonable behaviour was the most common ground where the wife applied: 48.1%. It has been the most common ground for wives for over 40 years.
• Where the husband applied, unreasonable behaviour and two-year separation were level, at 34.8% each.
• Across all opposite-sex divorces, unreasonable behaviour accounted for 43.2%.

For same-sex couples in 2021, unreasonable behaviour made up 54.5% of divorces.

There were 113,505 divorces in England and Wales that year.

Read these numbers with care

These figures show which legal box was ticked, not the whole story of a marriage. Behaviour and adultery were the only facts that did not need two or five years apart first. Someone who wanted to divorce without waiting years had to put their reasons into one of those two categories.

And since 2022?

The new law removed grounds altogether, so the ONS can no longer say why new-law divorces happen. The latest published figures, for 2023, show 102,678 divorces, with 74.2% granted under the new law. For the shrinking number still finished under the old law, unreasonable behaviour remained the most common ground, at 57.5% of opposite-sex old-law cases.

In other words, there are no official figures on the real-life reasons for divorce today. Be wary of any "top reasons" list that quotes precise percentages without saying where they came from.

The reasons people describe

Statistics can't tell you why a marriage ends. What people describe tends to fall into a few familiar themes, and often more than one at once.

An affair

For many people, finding out about an affair is the moment trust goes and doesn't come back. Under the old law, adultery was one of the five facts. Now it doesn't need to be mentioned in the application at all.

Behaviour, including abuse

"Unreasonable behaviour" covered a lot: constant criticism, coldness, drinking, control. Sometimes it covered abuse.

Abuse isn't only physical. The legal definition includes controlling or coercive behaviour, economic abuse (for example, controlling access to money) and psychological or emotional abuse.

If any of this is happening to you, you do not have to work it out alone, and you do not have to start with a lawyer:

• National Domestic Abuse Helpline: 0808 2000 247, free, 24 hours a day.
• Men's Advice Line: 0808 801 0327.
• In immediate danger: call 999. If you can't speak, stay on the line and press 55 when prompted, and your call will be put through to the police.

If you are at risk of domestic abuse, GOV.UK advises against a joint application. A sole application means you don't need your spouse's cooperation to start.

Money

Debt, spending, gambling, or one person controlling the finances. Money worries rarely arrive alone; they tend to come with arguments, secrecy and distance.

Growing apart

Sometimes nothing dramatic happens. Children leave home, work takes over, or you simply become different people. Under the old law, couples in this position often had to wait two years apart, with consent, or five without it. Now they can apply straight away, and jointly if they both agree.

Does the reason still matter?

Not for getting divorced. The reason doesn't go on the form, and the court won't ask.

It can still matter to you. Understanding why things ended can help you make decisions about children and money without reopening the argument every time. And the divorce itself only ends the marriage. It does not settle who keeps the house, how savings and pensions are shared, or where the children live. Those are dealt with alongside it.

If you'd rather sort those things out without a courtroom, read our guide to divorcing without going to court.

How long a divorce takes

The law builds in two waiting periods, so even the simplest divorce takes about six months.

1. Apply. The court fee is £628. You may get help with fees if you are on benefits or a low income. You'll need your marriage certificate (or a certified copy).
2. Your spouse responds. If you applied alone, your husband or wife has 14 days to respond to the court.
3. Wait 20 weeks. You cannot apply for the conditional order until 20 weeks after the court issues your application. This is meant as time to reflect and to sort out arrangements.
4. Conditional order. This replaced the old "decree nisi".
5. Wait at least 43 days (six weeks and one day).
6. Final order. This replaced the "decree absolute". Once it is made, you are divorced.

Two practical points. If you want a legally binding arrangement for money and property, apply for it before you apply for the final order. And apply for the final order within 12 months of the conditional order, or you will have to explain the delay to the court.

Our family law team can talk you through any of these steps, including the finances that run alongside them.

Questions people ask

What are the legal grounds for divorce in the UK?

In England and Wales there is one ground: the marriage has broken down irretrievably. You confirm it with a statement, and the court treats that statement as conclusive. There is no need to prove adultery, behaviour or separation. Scotland and Northern Ireland have their own divorce laws and processes.

Do I still have to prove adultery or unreasonable behaviour?

No. Those were two of the five "facts" under the old law, which ended on 6 April 2022. You no longer need to give any reason, or blame your husband or wife. You only need to have been married for over a year and to state that the marriage has permanently broken down.

What is the most common reason for divorce in the UK?

Under the old law in England and Wales, it was unreasonable behaviour. In 2021 it was cited in 48.1% of divorces where the wife applied and 34.8% where the husband applied (ONS). Since April 2022 no reason is recorded, so there are no official figures for new divorces.

Can my husband or wife refuse a divorce?

Not simply because they don't want one. Since April 2022 a spouse can dispute a divorce only on limited legal grounds, such as whether the courts of England and Wales have jurisdiction. They cannot dispute it to delay the process. If they don't cooperate, you can apply on your own.

How long does a divorce take in England and Wales?

At least about six months. You must wait 20 weeks after the court issues your application before asking for the conditional order, then at least 43 days more before the final order. Sorting out money and children can take longer, and runs alongside the divorce itself.

Sources

The Divorce, Dissolution and Separation Act 2020, s.1: legislation.gov.uk/ukpga/2020/11/section/1

The five facts under the old law (Matrimonial Causes Act 1973, s.1(2), as it stood in 2021): legislation.gov.uk/ukpga/1973/18/section/1/2021-04-05

Ministry of Justice, "New divorce laws will come into force from 6 April 2022": gov.uk/government/news/new-divorce-laws-will-come-into-force-from-6-april-2022

Who can divorce, joint or sole: gov.uk/divorce and gov.uk/divorce/before-you-apply

Fee and documents: gov.uk/divorce/file-for-divorce

Responding, disputing, the 20-week wait: gov.uk/divorce/what-happens-after-you-apply

Final order, 43 days, finances first: gov.uk/divorce/finalise-your-divorce

ONS, Divorces in England and Wales: 2021 (released 2 November 2022) and 2023 (released 2 July 2025): ons.gov.uk (2021) and ons.gov.uk (2023)

Domestic Abuse Act 2021, s.1: legislation.gov.uk/ukpga/2021/17/section/1

Domestic abuse helplines: gov.uk/guidance/domestic-abuse-how-to-get-help

This is general information about divorce in England and Wales, not legal advice on your situation.