No Fault Divorce

What is No-Fault Divorce?

A no-fault divorce is a type of dissolution of marriage in which neither spouse assigns blame to the other. This means that if either partner wants to end the marriage, they simply need to prove that their relationship has irretrievably broken down and there is no chance of reconciliation. No fault divorces are typically faster, less expensive and less stressful than contested divorces, since both parties agree on the terms without having to argue in a courtroom setting.

How will no-fault divorce work?

The key points of the new law are as follows:

• The sole ground of irretrievable breakdown of the relationship remains
• Removed the requirement to establish one or more facts to prove irretrievable breakdown
• Introduced joint applications where the couple both agree that the relationship has irretrievably broken down (applicants are still able to submit a sole application if their partner does not agree)
• Removed the ability to defend a divorce, dissolution, or separation Introduced a new minimum period of 20 weeks from the start of proceedings to when the ‘Conditional Order’ (formerly Decree Nisi) can be made
• Kept the 6-week period between the Conditional Order and when the Final Order (formerly Decree Absolute) can be made

What no-fault divorce means?

• No more blame
• If both parties agree, a joint application can be made for divorce or dissolution, allowing for a completely amicable separation
• Reduces the worry of defended divorces, saving considerable time, cost and stress
• With the new time scales, most couples will have to wait about 6 months for their divorce or dissolution to finalise. This time is intended to be a period of reflection for both parties to consider whether they truly want to separate. This will allow couples time to deal with the following: A) Reach a way forward on child arrangements and agree a parenting plan, B) Dealing with any financial issues arising from the separation.

How do I apply for a no-fault divorce?

If one partner applies for a divorce the application must be sent to the other spouse. The other spouse is required to provide acknowledgement that the application was received and return an 'acknowledgement of service' form back to the court within 14 days.

How long does a no-fault divorce take?

In the United Kingdom, a no-fault divorce typically takes 6 to 12 months, although this can vary depending on the complexity of the case and whether both parties are in agreement. The process involves filing all relevant paperwork with the court, attending any necessary hearings and waiting for a final decree from the court granting the divorce.

Can a no-fault divorce be defended?

It is not generally possible to defend a no-fault divorce. This type of divorce is designed to be a streamlined process and does not require either party to prove wrongdoing or to dispute the reasons for the split. Even if one spouse objects to the divorce, it can still proceed provided that certain legal requirements are met. However, other issues such as financial arrangements or child custody cannot be discussed until after the divorce has been granted.

How our no-fault divorce solicitors can help you

Our no-fault divorce solicitors are specialists in family law and can provide invaluable help with making your divorce process as straightforward as can be. Our team of experienced legal experts offer advice on all stages of the divorce, ranging from paperwork filing to attending hearings and resolving any disputes. We can also help with issues such as child arrangements or financial agreements and work towards securing a fair settlement for both partners. Whether you're at the beginning or have already been granted a court order, our solicitors will ensure that your no-fault divorce runs smoothly.

Our Team are members of Resolution and trained in Collaborative law and Family Mediation, providing a less confrontational approach which promotes a more amicable outcome to divorce.

Do you need advice about divorce, civil partnership dissolution or separation?

Our specialist team can help you navigate the complex legal landscape of separation and divorce. The first step is to determine whether you want to file for divorce or legally separated. Once you have decided on the next course of action, we will help you file the appropriate paperwork with the court. If you have children, we can also help you make arrangements that are in their best interests. In addition, we can advise you on financial matters such as spousal support and division of property.Separating from your spouse is a difficult process, but we can help make it as smooth and stress-free as possible.

Speak in confidence with a specialist family lawyer in an initial, fixed price consultation to understand your legal options and choose your next steps with confidence. Our friendly specialist team are ready to help you.

Legal Aid may be available and eligibility depends on your circumstances and on your income and capital.

What are the costs for a No-Fault Divorce?

The fees for a no-fault divorce can be in the region of £600 plus VAT plus the Court fee which is currently £593 (NB this excludes advice on financial and child arrangements issues)

Even after a divorce application is made and before a Final Order is issued, there are still arrangements which need to be made, such as the division of finances and children’s arrangements.

Depending on your financial circumstances, you may be able to apply for financial assistance for the Court fee, through the government’s Help with Fees scheme.