Arya Roe
Principal Family Solicitor
Understanding the Process of No-Fault Divorce in England
The concept of a no-fault divorce in England marks a significant shift in how divorce proceedings are approached, aiming to make the process less adversarial and emotionally charged. For many years, divorcing couples in England had to cite a specific fault (e.g. adultery or unreasonable behaviour) to obtain a divorce. This could often escalate tensions and make an already difficult situation worse. However, with the introduction of the No-Fault Divorce law in April 2022, the process has become simpler, more respectful, and less stressful for everyone involved.
In this blog post, we’ll walk you through the process of no-fault divorce in England, explaining what it is and the key steps involved.
What is a No-Fault Divorce?
A no-fault divorce means that neither party has to prove that the other has done something wrong to end the marriage. The process removes the need to assign blame, making it a more amicable and less contentious procedure. Before this reform, divorces in England required one party to prove fault (such as adultery or unreasonable behaviour) or wait for a long separation period before filing. Now, couples can simply declare that the marriage has irretrievably broken down.
Key Features of No-Fault Divorce
- No Blame: The most important change is that no one has to blame the other for the breakdown of the marriage. This removes a lot of emotional burden and avoids any potential for conflict.
- Joint Application: Couples can apply together for a divorce, which can make the process smoother and more collaborative.
- Six-Month Waiting Period: Once a divorce application is submitted, there is a mandatory six-month period before the divorce can be finalized. This cooling-off period allows for reflection and, in some cases, reconciliation.
- Simplified Grounds: The sole ground for divorce is the “irretrievable breakdown” of the marriage. You no longer need to specify the reason or fault for this breakdown.
- Reformed Legal Terminology: The language surrounding divorce has been updated to reflect the change in process. For example, terms like “decree nisi” and “decree absolute” are no longer used, replaced with “conditional order” and “final order” but the underlying process remains similar to the old system.
The No-Fault Divorce Process
The Divorce process is started with the first step, being to submit a divorce application to the court. Either one or both spouses can apply. If both parties agree on the divorce, they can submit a joint application, which is typically more straightforward and collaborative. If you’re applying individually, you’ll need to state that the marriage has broken down irretrievably.
Once the court receives the divorce application, it will be sent to the other spouse. They’ll need to acknowledge the application, but they cannot contest the divorce unless there’s a procedural error. In the past, one party could contest the divorce, which often led to lengthy legal battles. However, in a no-fault divorce, this is no longer an option.
After the application is filed, a six-month waiting period begins. This waiting period provides an opportunity for couples to reflect on their decision and potentially reconcile if both parties wish to. However, once this time has passed, the divorce can proceed.
After the six-month period, the court will issue a decree nisi, now called a conditional order. The decree nisi (conditional order) does not dissolve the marriage but marks the official step toward finalising the divorce.
Finally, after another period (typically an additional six weeks after the decree nisi), you can apply for the decree absolute, now often called final order. This is the final legal document that officially ends the marriage. Once the decree absolute (final order) is granted, both parties are legally divorced. If there are outstanding financial matters form the marriage then you should always seek legal advice to ascertain if you should or should not apply for the final order, as a the final order can affect certain financial legal rights.
Financial Settlements and Children
While the no-fault divorce process simplifies the legal proceedings, it does not address other important issues like division of assets, financial settlements, or arrangements for children. These matters need to be dealt with separately, either through negotiation or court proceedings if an agreement cannot be reached.
The Impact of No-Fault Divorce
The introduction of no-fault divorce has been widely welcomed by legal experts and family advocates alike. Here are some of the positive outcomes of the reform:
- Less Conflict: Without the need to assign blame, there’s less likelihood of escalating conflict between spouses, especially when children are involved.
- Quicker and More Efficient: The process is now simpler and more streamlined, reducing the emotional and financial costs of divorce.
- Focus on Resolution: By removing the need for fault-based grounds, both parties can focus on practical matters such as financial settlements and parenting arrangements without the emotional weight of accusations.
Conclusion
The introduction of no-fault divorce in England represents a significant shift in how we approach divorce, prioritising fairness, emotional well-being, and the dissolution of marriages in a respectful and straightforward manner. While the process is simplified, it’s important to remember that divorce is still a complex, emotional and financial journey. The legal framework may have changed, but the need for support, whether through legal assistance or through counselling, remains crucial.
If you’re considering a no-fault divorce, we are more than happy to help you. We offer a divorce fixed fee scheme with fixed fee prices for Divorces, for applications where they remain uncontested and formally responded to by the other party, with price starting from £275 plus VAT (£330 inclusive) for the legal work, excluding disbursement’s and court fee which are paid separately.
If this interest you please do contact us on 01296 424 681 or alternatively please complete a web enquiry form and we will be in touch. Our two family Solicitors, Elizabeth Feeney and Arya Roe, have a combined experience of over 40 years with both Solicitors being members of Resolution.
