No-fault divorce has changed the way couples can legally end a marriage in England and Wales, allowing divorce to proceed without either person having to blame the other for the breakdown of the relationship.
Since 6 April 2022, you no longer need to rely on adultery, unreasonable behaviour or a period of separation to obtain a divorce. Instead, one or both spouses provide a statement confirming that the marriage has irretrievably broken down.
At Consilia Legal, our experienced divorce solicitors can guide you through the no-fault divorce process and advise you on the wider issues that often accompany separation, including financial settlements, property, pensions and arrangements for children.
Whether you want to make a sole divorce application, apply jointly with your spouse or need advice before starting the process, we can help you understand your options and move forward with clarity.
What is a No-Fault Divorce?
A no-fault divorce allows a married couple to divorce without having to prove that either spouse was responsible for the breakdown of the marriage.
The only ground for divorce remains that the marriage has irretrievably broken down.
However, instead of proving this through facts such as adultery or unreasonable behaviour, the applicant or applicants make a statement confirming that the relationship has permanently broken down.
This means couples can focus on resolving the practical consequences of separation rather than having to attribute blame simply to obtain a divorce.
When Was No-Fault Divorce Introduced?
No-fault divorce was introduced in England and Wales on 6 April 2022 under the Divorce, Dissolution and Separation Act 2020.
The new process replaced the previous fault-based system.
The changes also introduced new terminology:
- Decree Nisi became the Conditional Order;
- Decree Absolute became the Final Order; and
- the person applying for divorce is now referred to as the applicant.
The same general reforms apply to the dissolution of civil partnerships.
How Does No-Fault Divorce Work?
The no-fault divorce process usually involves several stages.
- Making the Divorce Application
You can apply for divorce either:
- on your own as a sole applicant; or
- together with your spouse as joint applicants.
The application includes a statement that the marriage has irretrievably broken down.
You do not have to provide detailed reasons for the breakdown of the relationship.
- The Application is Issued
Once the court accepts the application, the divorce proceedings are formally issued.
If it is a sole application, your spouse will normally receive the divorce paperwork and will need to acknowledge that they have received it.
- The 20-Week Waiting Period
There is a minimum period of 20 weeks from the date the court issues the divorce application before you can apply for the Conditional Order.
This period is intended to give couples time to reflect and make arrangements concerning matters such as finances and children.
- Applying for the Conditional Order
Once the 20-week period has passed, you can apply for a Conditional Order.
A Conditional Order confirms that the court sees no legal reason why the divorce cannot proceed.
- Applying for the Final Order
After the Conditional Order has been made, you must wait at least 6 weeks and 1 day before applying for the Final Order.
The Final Order legally ends the marriage.
How Long Does a No-Fault Divorce Take?
A straightforward no-fault divorce will generally take a minimum of around six to seven months because of the statutory waiting periods.
You must wait at least 20 weeks from issue of the application before applying for a Conditional Order, followed by at least 6 weeks and 1 day before applying for a Final Order.
The process can take longer if there are administrative delays or difficulties dealing with service of the divorce application.
It is also important to distinguish the divorce itself from resolving your finances.
A divorce may be procedurally straightforward while financial negotiations continue for considerably longer.
Do You Need a Reason for No-Fault Divorce?
You no longer need to prove adultery, unreasonable behaviour or separation in order to divorce in England and Wales.
Instead, you confirm that the marriage has irretrievably broken down.
The court treats that statement as sufficient evidence of the breakdown of the marriage.
This can help reduce unnecessary conflict, particularly where both spouses want to focus on resolving finances and arrangements for children constructively.
What Happens to the Family Home in a No-Fault Divorce?
No-fault divorce did not change the principles governing how matrimonial finances are divided.
The family home may still be one of the most important issues to resolve.
Possible outcomes can include:
- selling the property and dividing the proceeds;
- one spouse buying out the other's interest;
- transferring the property to one spouse; or
- delaying a sale in appropriate circumstances.
The right solution depends on factors such as the available assets, mortgages, income, housing needs and arrangements for children.
The fact that one person caused the relationship to end does not generally determine how the family home should be divided.
Does No-Fault Divorce Affect Arrangements for Children?
No-fault divorce does not itself decide arrangements for children.
Parents remain responsible for deciding matters such as:
- where their children will live;
- how much time they spend with each parent;
- school holidays;
- communication;
- education; and
- other important parenting decisions.
If you cannot agree, options such as family mediation, solicitor negotiation and other forms of non-court dispute resolution may help.
Where agreement remains impossible, either parent may be able to apply to the Family Court for an appropriate child arrangements order.
Why Choose Consilia Legal for No-Fault Divorce?
Divorce is rarely just an administrative process.
Even where both people agree that the marriage should end, there can still be important decisions about property, pensions, finances and children.
At Consilia Legal, our specialist family lawyers combine legal expertise with a practical and constructive approach.
We can assist with:
- sole and joint no-fault divorce applications;
- Conditional Orders and Final Orders;
- financial settlements;
- clean break orders;
- consent orders;
- pensions on divorce;
- property and the family home;
- business assets;
- high net worth divorce;
- arrangements for children;
- family mediation; and
- non-court dispute resolution.
We will explain your options clearly and help you find a way forward that reflects your circumstances and priorities.
Speak to Our No-Fault Divorce Solicitors
If you are considering divorce or have already separated, getting advice early can help you understand both the divorce process and the wider financial and family issues you may need to resolve.
Consilia Legal's experienced divorce solicitors advise clients in Leeds, Harrogate, York, Sheffield, London, across the UK and internationally.
Speak to our family law team today to discuss your circumstances and find out how we can help. Contact us today on 0113 322 9222 or email enquiries@consilialegal.co.uk
