What Is The No Fault Divorce Process? – Frequently Asked Questions

It has been over two years since the introduction of No-fault divorce, a landmark law reform aimed at ending the “blame game”, which came into force on 6th April 2022. The Divorce, Dissolution and Separation Act (2020) was seen as the biggest shake-up in divorce law for more than half a century and has changed how couples can get a divorce or civil partnership dissolution. In our latest article, our family law team provides further insight into the changes to the no-fault divorce procedures and answers some frequently asked questions they are regularly asked about the process.

What are some differences between No-Fault Divorce and the old divorce laws?  

Before the changes came into effect, to get a divorce in England and Wales, there was a requirement to show the marriage had irretrievably broken down by confirming one of the following factors:

• Adultery
• Unreasonable behaviour
• Two-year separation with consent to the divorce
• Five-year separation
• Desertion – for at least two years

Subsequently, unless a couple had been legally separated for at least two years, one party had to lay blame on the other, stating that their spouse’s behaviour or adultery was the reason for the marriage or civil partnership ending.

With the new divorce reforms, this is no longer necessary, and it removes the requirement to show your spouse has committed adultery, been unreasonable or wait for two or five years to prove an irretrievable breakdown of the marriage. The updated application now contains a statement in which you still need to confirm that the marriage has irretrievably broken down, but without the need to assign blame. Furthermore, it is now also possible to jointly file an application for a divorce, whereby you will both be termed ‘applicants’ instead of having an ‘applicant’ and a ‘respondent’.

Can you still contest a divorce under the new reforms?

New divorce laws make it much harder to contest a divorce. Under the updated reforms, a divorce or civil partnership can only be contested based on jurisdiction and not for any other reason.

There will be a minimum period of six months, meaning it will no longer be possible to get divorced in less than six months.

Has the terminology changed under no-fault divorce?

Yes, along with the reforms to the divorce process, there have also been changes to the language used:

• The Divorce petition is now known as an ‘Application’
• A Petitioner is now known as an ‘Applicant’
• The Decree Nisi has been changed to a ‘Conditional Order’
• A Decree Absolute has been changed to a ‘Final Order’

What are the new application timeframes under no-fault divorce? 

Once the court has issued an application, there is a compulsory waiting period of 20 weeks between the application for the divorce and when you can apply for a conditional divorce order. Once the conditional order has been issued, there is a mandatory waiting period of 6 weeks and one day before an application can be made for the final order, the process of legally bringing your marriage or civil partnership to an end. Once you have received your conditional order, you can file a financial consent order with the court, asking the court to approve a financial settlement you have reached with your spouse. You will normally be advised to wait until an order has been made approving your financial settlement before you apply for your final divorce order.

How long does it take to get divorced?

Under these new reforms, and if the entire process proceeds without issues or delays, the shortest time you can get divorced will be about 7 months. This timeframe considers the time from submitting your application to it being issued by the court, the 20-week waiting period from when the application is issued and the subsequent waiting period between the conditional order and the final order application. However, time frames may be much longer depending on court processing times.

Do you need a Solicitor to get divorced? 

You can file for the divorce yourself, without a solicitor using the government portal or an online divorce service. However, it is important to note that this is only starting the divorce process. It is advisable to seek legal advice regarding financial arrangements or child arrangements, which need to be agreed upon separately. Even if you believe the divorce will be relatively straightforward and you want to start this yourself, it is important to ensure you fully understand your legal position and practical issues that could impact you or your children.

Find out more about the importance of seeking legal advice for financial arrangements or child arrangements in our previous articles:

Property and Financial Settlements in Divorce: FAQs and Specialist Family Legal Advice

Child Arrangements: Frequently Asked Questions

No-Fault Divorce Solicitors

Whilst the no-fault divorce process does make the process of divorce much more straightforward, it is important to seek advice from experienced family law solicitors who can advise you on the best way forward and guide you through the process.

Family Law Solicitors Near Me – Book an Appointment To Talk To Tollers

At Tollers, we recognise the emotional challenges of divorce, separation, and financial disputes. Our family lawyers are dedicated to advising and assisting based on having our client’s best interests at heart, and we pride ourselves on keeping our clients fully informed of the progress of your case. We are here to provide comprehensive Family Law advice, ensuring you have the information and support you need to make informed decisions.

For an initial appointment – up to an hour and a half for a fixed sum of £125 plus VAT (offer available for Family Law advice only) – please get in touch with the Family Law team at Tollers Solicitors to arrange a family law consultation, available in one of our locations: Stevenage, Northampton, Corby, Milton Keynes, Kempston, Welwyn, Letchworth, and Oakham. Our aim is that you will leave this initial appointment better informed about your legal rights and responsibilities, with a sense of direction on moving forward and information on possible options available to you for a satisfactory resolution.

If you need help and advice, are unsure where to start, or would like to arrange an initial consultation… Talk to Tollers on 01604 258 558, where our Family law team will be happy to assist.