If you’re thinking about divorce, or even just starting to explore your options, you might have heard the term no-fault divorce. It’s one of the biggest changes to family law in recent years and it’s designed to make the process a bit less painful.
For a long time, if you wanted to get divorced in England or Wales, you had to give a reason. That usually meant one spouse had to “blame” the other for the breakdown of the marriage (e.g. unreasonable behaviour or adultery). If there wasn’t a specific reason, you had to wait at least two years to separate by mutual agreement or five if only one of you wanted to go… Now, that’s changed.
At Lund Bennett Family Law, we understand that going through a divorce can be an emotional time. Here’s what you need to know about how the new system works and what it means for you.
So, what is a no-fault divorce?
Put simply, it means you don’t have to blame each other anymore. Either one person or both can apply for a divorce by stating that the marriage has broken down beyond repair. No need to prove anything. No pointing fingers. Just an honest acknowledgement that things aren’t working anymore.
It’s a more modern, respectful approach to ending a marriage, and it’s been welcomed by many couples and family law professionals alike.
How does it work?
The process is more straightforward than before. Here are the main steps:
- No blame needed: You no longer have to prove fault to get a divorce.
- Joint applications: Couples can apply together, although one person can still apply alone.
- 20-week reflection period: This gives both parties time to consider their decision before moving ahead with the divorce.
- Six-week wait before finalising: After the Conditional Order (previously known as the Decree Nisi), there’s a short gap before the Final Order (formerly Decree Absolute) can be issued.
What else should I know?
Even though the divorce process itself is now simpler, you’ll still need to make arrangements around money, property, and (if you have them) your children. These parts can be more complex, and they often benefit from legal advice early on.
At Lund Bennett, we help people navigate both the legal process and the practical decisions that come with it. Whether it’s working out a fair financial settlement, putting together parenting arrangements, or simply understanding what to expect, we’re here to support you.
Thinking about divorce?
If you’re not sure where to start, or just want to talk through your options, get in touch. You can call us on 0161 924 0079 or visit www.lundbennett.co.uk.
No one plans for divorce but if you’re facing it, it helps to have the right people on your side.