No-Fault Divorce

Offices in Leeds, Harrogate and London. Working with clients across the UK and overseas.

From April 2022, the new law on no-fault divorce will be coming into force, creating a more amicable approach to divorce proceedings.

No-fault divorce is a divorce in which the dissolution of a marriage does not require a showing of wrongdoing by either party.

Ground for no-fault divorce

The new law will keep the sole ground of irretrievable breakdown of the relationship but removes the requirement to establish a fact to prove this.

The new legislation will:

• replace the current facts of divorce with a new requirement to provide a statement of irretrievable breakdown;
• remove the possibility of contesting the divorce proceedings;
• introduce an option for a joint application;
• update the language to plain English.

These changes will also apply to the dissolution of civil partnerships.

language

The language will be updated as follows:

• Decree Nisi will become a Conditional Order
• Decree Absolute will become a Final Order
• Petitioner will become the Applicant

applications

The parties will also be able to make joint applications, where the parties agree that the relationship has irretrievably broken down. Parties will still have to do an individual application if the other party does not agree. However, the ability to contest a divorce or dissolution will be removed.

time limits

A new minimum time period of 20 weeks from the start of proceedings to when the conditional order can be made will be introduced. In addition, the 6 week period between the Conditional Order (Decree Nisi) and when the Final Order (Decree Absolute) can be made will remain.

These changes will mean that most couples will have to wait 6 months for their divorce or dissolution to complete.

During the period between the conditional order and final order, the finances associated with the marriage should be concluded, which is in line with the current process.

If you have any questions about the no-fault divorce or divorce proceedings generally, you can contact our specialist team of family solicitors at enquires@consilialegal.co.uk or 0113 322 9222.

No-Fault Divorce Q&A

For more information read our helpful page on Frequently Asked Questions on No-Fault Divorce.