No-fault divorce, all you need to know

From 6th April 2022, England and Wales has a new no-fault divorce law, the most significant divorce law changes since 1969.  It introduced an entirely new basis of obtaining a divorce with couples able to get divorced solely on the basis that the marriage has broken down; without needing to cite one of the 5 reasons for divorce.

The Divorce, Dissolution and Separation Act 2020 introduces no fault divorce and will cover marriage, civil partnership, nullity and judicial separation. It provides a strict 26-week time period between commencement of divorce proceedings and the final divorce order being made.

What is a no-fault divorce?

A much more straightforward and friendly method of divorce is one that places no blame or tries to find fault. Under the new no-fault divorce process, spouses can petition for divorce or civil partner dissolution without having to point the finger at their ex-spouse to demonstrate the marriage’s irretrievable disintegration

The Divorce, Dissolution and Separation Bill, which introduced no-fault divorce, has even changed the language used in the divorce process to make it less judgemental and reduces the legal jargon. updated divorce language includes:

• ‘Decree Nisi’ has become a ‘Conditional Order’
• ‘Decree Absolute’ has become a ‘Final Order’
• ‘Petitioner’ (the person submitting the application) has become the ‘applicant’

How will no-fault divorce work?

If both parties agree, they can file a joint application for divorce or dissolution, ending the “blame game” and enabling a truly peaceful split. Most couples will need to wait around 6 months under the new time constraints for their divorce or dissolution to be finalised. The goal is for both parties to use this time as a time of contemplation to determine whether they actually wish to separate.

Couples must still come to separate agreements during this period for:

• Division of finances
• Agree to maintenance payments (if necessary)
• Child residence/contact arrangements
• Agree on an ongoing parenting plan

How do I apply for a no-fault divorce?

No-fault divorce enables an individual to file a divorce petition that is then served on their ex-spouse or a joint petition that a couple files together. You can submit an online application for a no-fault divorce. All that is needed is the original (or a certified copy) of the marriage certificate, along with the names and addresses of both partners.

How long does a no-fault divorce take?

The timelines involved in the no-fault divorce procedure are rather simple. No-fault divorce cases now take a minimum of 26 weeks to conclude. Of course, additional considerations, such as the division of assets and child custody arrangements, will affect how long it takes to complete a divorce.

Can a no-fault divorce be contested?

No, unless under very specific conditions that the court feels obligated to further explore, a no-fault divorce cannot be contested. This may apply in cases where a marriage is void or if an English or Welsh court lacks the authority to handle a divorce.

Do both parties have to agree to a no-fault divorce?

In a no-fault divorce, neither party is required to consent, even if a partner is not absolutely in favour of the divorce, an individual may nevertheless file for a divorce.

How our no-fault divorce solicitors can help you…

No fault divorce should, in principle, make the divorce process simpler, but it is still crucial to speak with expert divorce and separation solicitors who can provide you with sensitive, practical guidance. Our team always strive to give each of our clients a secure resolution that benefits both them and their families.

The previous system of divorce necessitates blame and fault.  This “blame game” can lead to further animosity in what is already a very stressful situation for couples.  It is for that reason that Allington Hughes welcomes the introduction of no-fault divorce.

For further advice on divorce or any other family matter, please contact Lesley Clarke on [email protected] or 01978 291000