No-fault divorce offers a straightforward and less confrontational way for couples to separate. This modernised approach allows spouses to file for divorce or dissolve a civil partnership without assigning blame, relying instead on a mutual acknowledgment that the marriage or partnership has irretrievably broken down.
Key Changes in No-Fault Divorce
Before April 6, 2022, couples seeking a divorce had to provide one of the following reasons for the marriage breakdown:
- Adultery
- Unreasonable behavior
- Desertion
- Two years of separation with consent from the other party
- Five years of separation without consent
With the introduction of no-fault divorce, these requirements are no longer necessary. Couples can now simply state that the marriage has irretrievably broken down without providing further explanation.
How the Process Works
- Application Types: Divorce applications can now be made either individually (sole applicant) or jointly.
- Simplified Language: Legal terms have been updated to reflect a more modern approach:
- The “petitioner” is now called the “applicant.”
- The “decree nisi” has become the “conditional order.”
- The “decree absolute” is now referred to as the “final order.”
- Limited Challenges: Applications can only be contested on specific grounds, such as jurisdictional issues or if the marriage itself was unlawful.
- Mandatory Waiting Period: There is now a minimum of 20 weeks between the start of proceedings and the application for the conditional order, followed by an additional six-week waiting period before the final order can be granted.
Benefits of No-Fault Divorce
The introduction of no-fault divorce has simplified the legal process and offers several advantages:
- No More Blame: The new system eliminates the need to assign fault, fostering a less adversarial process.
- Joint Applications: Couples can apply together, promoting a more amicable separation.
- Fewer Contested Cases: The limited grounds for challenging an application reduce the risk of prolonged court battles.
- Time for Reflection: The mandatory waiting periods allow couples to reflect on their decision while preparing for post-divorce arrangements.
Considerations During Divorce
Even with a streamlined process, separating couples must address several important matters, including:
- Dividing assets and finances
- Establishing maintenance payments (if applicable)
- Agreeing on child arrangements and parenting plans
Applying for a No-Fault Divorce
To start the process:
- Complete a divorce application online or submit a paper form to the court.
- Provide your marriage certificate and a statement confirming the marriage has irretrievably broken down.
- Pay the court fee (or apply for a fee remission if eligible).
Once the application is submitted and accepted, the court will begin the divorce proceedings. For guidance, it’s advisable to consult a family law solicitor who can help you navigate the process and ensure all paperwork is completed accurately.
The Role of Divorce Solicitors
While no-fault divorce simplifies the legal procedure, seeking advice from a qualified solicitor remains crucial. Ending a marriage does not automatically sever financial ties or claims between spouses. Without a clean break financial settlement order, ongoing financial obligations may persist, leaving individuals exposed to potential future claims.
A solicitor can help you:
- Ensure your application is accurate and complete
- Address financial settlements and safeguard against future claims
- Provide tailored advice for sole or joint applications
When Did No-Fault Divorce Begin in the UK?
The no-fault divorce legislation came into effect in April 2022, introducing a less contentious and more cooperative framework for ending marriages and civil partnerships.
Speak to a Specialist
If you’re considering a no-fault divorce, our family and divorce law team is here to guide you through the process with sensitive, practical advice. Contact us at 0161 924 0079 to discuss your situation and find the best path forward.