No Fault Divorce

We understand that going through a divorce can be one of the most challenging experiences in a person’s life. It can mark the end of one chapter, whilst signifying the beginning of another.

Previously, one party had to prove misconduct or wrongdoing by the other party such as domestic abuse, adultery or separation, in order to obtain a divorce which would often lead to increased conflict between the parties.

However, the introduction of the no-fault divorce laws signifies a shift towards a more compassionate and understanding legal system, recognising that the end of a marriage, for many, can often be made by mutual decision and respect.

What is a no-fault divorce?

Essentially, a no-fault divorce means that the court does not have to be provided with a reason as to why either party want to get a divorce or dissolution. The Court simply has to confirm that the marriage has irretrievably broken down.

What are the changes?

The Divorce, Dissolution and Separation Act 2020 was passed in June 2020 and came into force on the 6th April 2022. The current law replaces the previous ‘five facts’ for divorce and allows couples to divorce without alleging fault. The changes allow for either party to solely apply, or the parties jointly, to make an application for divorce by stating that their marriage has broken down irretrievably.

There have also been some changes to the terminology. The term ‘decree nisi’ has changed to ‘conditional order’, ‘decree absolute’ has changed to ‘final order’ and the word ‘petitioner’ has changed to ‘applicant’.

The changes also introduced a new minimum period of 20 weeks from the start of the proceedings up to when a Conditional Order can be made. This is for couples to reflect and think about whether they want to go through with the divorce, and the time can allow for couples to agree on key arrangements regarding children, property and finance.

After the Conditional Order has been approved, parties will have to wait 6 more weeks before the final order will be granted.

Why have they changed?

The changes were implemented to ensure that during the divorce process the focus remained on the crucial decisions couples would need to make in relation to children and/or finances. The changes also aim to reduce conflict between parties, which in turn, will make the divorce process easier, and less stressful and less costly.

What are the main steps of a divorce now?

Petition/application: One party, or both jointly files a divorce application with the court, citing that the marriage has broken down irretrievably.

Acknowledgement of Service: The respondent being the person who receives the application must file a response within 14 days, acknowledging receipt of the divorce application.

Application for Conditional Order: The applicant will then be able to apply for a conditional order after a 20-week period has passed. If the court grants this, it means the court sees no reason as to why the divorce shouldn’t go ahead.

Application for Final Order: 6 weeks has passed, the applicant can apply for a final order. Once granted, the marriage is legally dissolved.

Are there any additional considerations that need to be made during this process?

Children: Arrangements will need to be made with regards to the children with consideration as to what will be in their best interest.
Finances and Property: The division of assets and liabilities will also need to be considered, and a Financial Remedy Order can be made to legally bind the financial agreement reached between the parties whether by negotiation or through court proceedings.

What should I do if I want to start divorce proceedings?

Speak to our Divorce law solicitors today

If you need legal advice regarding starting or replying to a divorce application, or simply want to know more about the current divorce process, or regarding matters relating to the divorce ,such as regarding children arrangements or about reaching a financial settlement, then speak to one of our divorce solicitors at hpjv solicitors .