A Comprehensive Guide to No Fault Divorce

Applying for a divorce can be difficult and stressful time. To help you navigate the divorce process as easily as possible, in this article, we set out a helpful guide to no fault divorce.

However, it is always advisable to seek assistance from a specialist divorce lawyer to make sure that you not only fully understand the application process, but also what is going to be involved in the next steps of the divorce proceedings.

At Hawkins Family Law, we recommend that you get professional legal advice as early as possible regarding not only your divorce but the other issues that can arise from it.

No-fault divorce is the legal process that allows couples to dissolve their marriage without assigning blame to either party. Introduced in England and Wales under the Divorce, Dissolution and Separation Act 2020, which came into effect in April 2022, this reform removed the requirement to prove adultery, unreasonable behaviour, desertion, or prolonged separation. Instead, one or both spouses simply need to state that the marriage has irretrievably broken down.

The aim of no-fault divorce is to reduce conflict and make the separation process more straightforward and amicable. It also eliminates the possibility of one spouse contesting the divorce, ensuring a more efficient legal process.

The Divorce Dissolution and Separation Act 2020 has been described as a landmark reform of divorce. The aim was to introduce a less acrimonious divorce process.

Previously, to obtain a divorce, it was necessary to rely on one of five facts to achieve the only ground for divorce – which is the irretrievable breakdown of the marriage. Three of these facts required a period of separation and so often, parties were left to either select from adultery or unreasonable behaviour. This forced parties to place blame on their spouse to advance a divorce if they did not wish to wait. It is therefore a welcome change that now neither spouse is required to point a finger of blame at the other.

Previously the application form was called a divorce petition. It is now called the divorce application. The first part of the process is the conditional order, formally called the decree nisi. The decree absolute is now known as the final order.

There is a court fee payable when the application is made, currently £593. This fee covers the divorce application only. Additional costs will be incurred if solicitors are instructed to assist with the resolution of matrimonial finances or children disputes.

There is a minimum period of 20 weeks from the start of divorce proceedings to the conditional order of divorce being granted. The principle behind this timetable is to provide separating couples with more time to agree other arrangements in connection with their separation, e.g. finances or arrangements for children.

In exceptional circumstances, it is possible to apply to the court to reduce this timetable, although this would not be suitable in most cases.

Once the conditional order is pronounced, there is a further cooling off period of six weeks before a final order can be pronounced by the court. Once pronounced, the final order takes the place of the parties’ marriage certificate and they are formally divorced. Many divorcing couples defer the application for final order until arrangements regarding the family finances are known and negotiations are completed.

Either party can simply submit a divorce petition online and pay the court fee. Here at Hawkins Family Law, our divorce lawyers are happy to assist with this process. Many people prefer to have a divorce lawyer assist them with the process, as this takes this weight off their shoulders and help them to understand each stage.

It is also now possible for both parties to lodge a joint application too, following the introduction of the Divorce, Dissolution and Separation Act 2020. This may be particular suitable for those interested in Resolution Together or associated schemes. At Hawkins Family Law, we recommend that you get professional legal advice as early as possible in order to see if this is suitable for your circumstances.

You are eligible to apply for a no fault divorce if you meet the following:

• 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)
• the UK is your permanent home, or the permanent home of your husband or wife

Ready to take the next step? As leading family lawyers in Milton Keynes, we are experienced at helping our clients during divorce. Contact us to get the advice you need to move forward with confidence. In addition to our head office in Milton Keynes, we also have solicitors in Bicester, divorce lawyers in Watford, and Central London. Talk to us in confidence and find out where you stand. Get in touch – we’re here to help.

This article is intended for the use of our clients and other interested parties. The information contained in it reflects the author’s view and is believed to be correct at the date of publication. However, it is necessarily of a brief and general nature and should not be relied upon as a substitute for specific professional legal advice.