Filing for a No Fault Divorce

The ‘no-fault’ divorce was designed to remove unnecessary stress and conflict and make the whole process of filing for divorce easier and less confrontational.

As we approach the first anniversary of the new rules, we take a look at some of the frequently asked questions about no-fault divorce in this article.

What is a no-fault divorce?

As our previous article about no-fault divorce explained, legislation under the Divorce, Dissolution and Separation Act marked the end of the blame game, with couples no longer needing to apportion blame in order to dissolve their marriage or civil partnership.

Anyone wanting to divorce prior to April 2022 had to rely upon one of the following ‘facts’:

• The other part had committed adultery;
• The other party had behaved unreasonably – such that it was intolerable to live with them;
• They had been deserted by the other party;
• The parties had been separated for a period of at least 2 years, with consent; or,
• The parties had been separated for a period of 5 years.

Now, you simply have to provide a statement of the irretrievable breakdown of a marriage or civil partnership, either jointly or by yourself. You no longer have to give reasons, go into detail or provide any evidence.

There are now fewer grounds on which someone can object to divorce and some of the terminology has been simplified. For example, ‘decree nisi’ and ‘decree absolute’ are now referred to as ‘conditional order’ and ‘final order’.

The new rules apply to same-sex marriages and civil partnerships.

How do I file for a no-fault divorce?

As long as you have been married for over a year, you can file for a no-fault divorce. There are a few key steps to the application process, which we’ve summarised below.

1. Applying for divorce – If you and your spouse agree to divorce, you can make a joint application to the courts. If you don’t, you can fill out a sole application. In the latter scenario, the other party has 14 days to confirm they either agree, or intend to dispute. They can only dispute it on genuine legal grounds, not because they don’t want to get divorced.
2. Wait – After the divorce application has been issued, there’s a legal 20-week waiting period, designed to allow both parties to reflect and/or negotiate a financial agreement (often referred to as a divorce settlement.
3. Conditional Order – After 20 weeks, the applicant/s confirms they want to proceed with the divorce by applying to the courts for a Conditional Order. If the judge approves your application to divorce, you will be sent a certificate with a date from which the Conditional Order will come into effect.
4. Final Order – After receiving your Conditional Order, there’s another wait of just over six weeks (43 days) before you can apply for a Final Order. This document will then legally end the marriage.

How long does a no-fault divorce take?

In theory then, a no-fault divorce takes a minimum of 26 weeks, but in reality, it could take up to eight months, or sometimes longer, depending on administration and processing time between all concerned.

Although the whole process is now more straight-forward, it can still be very stressful and daunting. And while there’s no need to apportion blame, there are still many sources of potential conflict to resolve in terms of separating assets and working out who gets to keep the house in a divorce, especially when there are children involved.

But don’t worry, our friendly and highly experienced family law solicitors are here to protect your interests, minimise stress and help secure the best outcome for you and your family.

Will a no-fault divorce affect my settlement?

A no-fault divorce doesn’t impact the way courts view financial settlements, how assets are divided or childcare arrangements. That process still needs to be completed the same as before, but the idea is that the environment may – in theory – be less confrontational overall.

You can read more about how to prepare a financial settlement and what you might be entitled to in our previous article on who gets what in a divorce.

Can Alsters Kelley help me file for divorce?

Every situation is unique, but our expert Family Law team understands that and will take time to understand your circumstances and secure the best long-term outcome for you and your family.

Getting sound legal advice at the beginning is often the key to resolving your divorce as quickly and smoothly as possible. Not only are our family lawyers ‘well-regarded’ in the Legal 500 directory of law firms, but we’re also members of Resolution, a community of family law professionals who help to resolve issues constructively.

We have offices across Coventry and Warwickshire and offer either a free 30-minute chat – where members of our team will welcome you with a listening ear and go through your options with you or alternatively, for more in-depth advice, we offer an initial meeting on a fixed fee basis of £300 plus VAT (20%) – during which you will be assigned to a specialist Family lawyer who will provide specific and tailored advice in respect to your circumstances.

For straight-forward and pragmatic legal advice on divorce or separation, please contact Shelley DeWorringham, Head of Family Law, by calling 01926 356000, or emailing shelleydeworringham@alsterskelley.com.