No Fault Divorce: What is it?

What is No Fault Divorce?

In 2022, the law around divorces changed so that couples can end their marriage without having to pass blame or point out any specific wrongdoing. The UK government called it a ‘landmark reform’, promoting a more constructive approach that aims to reduce conflict between divorcing couples and help them focus on important decisions moving forward (like child arrangements or managing finances).

A no-fault divorce is a more simple and amicable way of separating, allowing couples to file for a divorce or dissolution of a Civil Partnership without blaming each other for the breakdown of the relationship. 

It also allows couples to file a joint application for divorce or submit a sole application that can’t be contested by the other party. The language used in previous divorces has also been made more simple, for example:

• The ‘Petitioner’ has now become the ‘Applicant’
• The ‘Decree Nisi’ is now known as a ‘Conditional Order’
• The ‘Decree Absolute’ has become a ‘Final Order’

To be granted a divorce in England or Wales, you’ll still need to prove that your marriage has irretrievably broken down (i.e. it’s beyond repair and can’t be saved).

How is No Fault Divorce Different?

Previously, the only way to legally end a marriage was to prove that it had irretrievably broken down due to one of these five reasons:

• Adultery
• Unreasonable behaviour 
• The other person had deserted you for 2 years or more
• You had been separated for 2 years and the other person has consented to a divorce
• You had been separated for 5 years and could file for divorce without the consent of the other person

For many, this made divorce incredibly difficult - both emotionally and practically - especially if you were filing for divorce after less than 2 years of marriage.

Now, under No-fault Divorce, you can simply file a statement that says the marriage has irretrievably broken down - whether that’s on your own or by joint application with your spouse. 

Can a No Fault Divorce be Contested?

Generally, the answer is no - the new laws have removed the right or option to contest for the vast majority of cases. However, if the divorce or dissolution of a Civil Partnership was filed after April 2022, there are exceptional circumstances where it may be possible.

The previous laws around divorce and contention were far more complex, giving the spouse the option to contest a divorce. This would then result in both parties having to submit evidence (either for or against) and a judge would rule whether there was sufficient reason for divorce or not.

The grounds for contention under the new Divorce, Dissolution and Separation Act are far more strict, meaning a spouse can only contest a divorce if it’s on very specific legal grounds (such as if they live abroad, in which the UK courts may not be able to deal with the application, or if the marriage was never legally recognised in England or Wales anyway).

How Long Does a No Fault Divorce Take?

A No-fault Divorce takes a minimum of 26 weeks (around 6 months). 

First, there’s a 20-week waiting period to obtain a Conditional Order - almost like a ‘cooling off period’ in case both parties change their mind. It will then take a further 6 weeks or more to get the Final Order. 

Complex divorces will inevitably take longer to reach a Final Order, particularly if it takes the parties additional time to agree on finances or if there are children involved (in which case, if the parents can’t come to a mutual agreement, a Child Arrangement Order will be enforced by the court that’s in the best interest of the child).

It should also be noted that if a couple changes their mind during the first 20 weeks of the divorce process, both parties will need to agree to dismiss the case. If only one applicant wants to withdraw, the case could continue without them and be considered a ‘sole application’. 

Who Can Get a No Fault Divorce?

Anyone who is married or in a civil partnership can apply for a no-fault divorce in England or Wales, even if you got married abroad (though there are some key rules around this, such as having a legally recognised marriage certificate that’s written in English).

The new law allows either a ‘sole’ or ‘joint’ application, meaning you can either apply on your own without the consent of your former spouse or submit an application for divorce or dissolution of a civil partnership together. If one party decides they no longer want to cooperate, the application can continue without their consent and be reverted to a ‘sole application.

GloverPriest’s Expert Divorce Solicitors

Deciding to end a marriage can be incredibly difficult, both emotionally and practically, which is why many turn to an experienced Family Law and Divorce Solicitor to help guide them through the process. 

If you’ve received divorce papers from your former spouse, or are thinking about starting divorce proceedings, it’s a good idea to get legal advice as soon as possible.

No matter what your situation, GloverPriest’s compassionate Divorce Solicitors are here to help. Get in touch today by completing our online enquiry form or start your divorce online.