A guide to no-fault divorce

When no-fault divorces came into force in April 2022, this marked a significant shift in divorce law, offering couples a much more straightforward and decidedly less confrontational path to ending their marriage.

With a no-fault divorce, a couple can divorce without assigning blame to either party. This was a drastic change to the previous process, where one spouse had to prove fault (such as adultery or unreasonable behaviour) or had to wait until a certain amount of time had passed following separation. The new system instead simply requires a statement that a marriage has irretrievably broken down.

Our below guide will take you through the ins and outs of the no-fault divorce process…

The process of a no-fault divorce

• Application: Either spouse can apply for a divorce individually, or both can apply jointly
• Statement of Irretrievable Breakdown: This replaces the need for evidence of wrongdoing
• Reflection period: A mandatory 20-week period follows the initial application, giving both parties time to reconsider before proceeding
• Conditional Order (formerly Decree Nisi): After the reflection period, the conditional order can be applied for
• Final Order (formerly Decree Absolute): Six weeks after the conditional order, the final order can be obtained, officially ending the marriage

The benefits of a no-fault divorce

• Reduces conflict: Eliminating the need to assign blame can make the process more amicable
• Less stress placed on families: Reducing hostility benefits both spouses and any children involved
• Simpler and more efficient proceedings: The process is more straightforward, removing unnecessary legal battles
• Encourages cooperation: Joint applications allow couples to work together towards an amicable resolution

What are the differences from the previous divorce system?

• No requirement to prove fault: Previously, divorce required evidence of fault or long separation periods
• Introduction of joint applications: Couples can now apply together for a smoother process
• Mandatory reflection period in place: Allows time for reconsideration

Who can apply for a no-fault divorce?

Couples must have been married for over 12 months to be able to apply for a no-fault divorce. As long as this stipulation is met, any couple wishing to divorce can apply.

Timescales for a no-fault divorce

All in all, the process of a no-fault divorce will take at least six months, which includes the mandatory 20-week reflection period. After this period, the conditional order can be applied for,  followed by the final order after a further six weeks.

Applying for a no-fault divorce

No-fault divorce proceedings can commence following an application on the government’s website. However, whilst no-fault divorce represents a positive step towards a fairer, less confrontational system, financial settlements and child arrangements remain crucial considerations. Therefore, seeking professional legal advice is essential in ensuring a smooth and amicable transition for all involved.

To discuss a no-fault divorce, speak to the specialist team here at Poole Alcock today by completing our form below and requesting a free call back.