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No-fault divorce solicitors

No-Fault
Divorce Solicitors

At Poole Alcock, our dedicated team of divorce solicitors has years of experience helping clients navigate the divorce process with clarity and confidence.

Divorce can be an emotional and challenging time, and we understand the importance of a smooth and stress-free legal process. Our team stays up to date with the latest legal developments to provide expert guidance and ensure your case is handled with the utmost respect and sensitivity. We are committed to resolving your challenges efficiently, so you can focus on moving forward.

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What is No-Fault Divorce?

The introduction of the Divorce, Dissolution & Separation Act 2020 has transformed the divorce process, removing the need to cite fault-based reasons such as adultery or unreasonable behaviour.

Under the law, couples no longer have to endure a prolonged separation period before seeking a divorce. Instead, one or both parties can apply for a divorce order or dissolution order by simply confirming that the marriage or partnership has broken down irretrievably. This change makes the process more straightforward and removes the potential for conflict over blame, allowing couples to separate in a more amicable and dignified manner.

Joint divorce applications

A significant development under the law is the option for couples to make a joint divorce application. This means that both parties can instruct the same solicitor to act on their behalf, encouraging a more cooperative and efficient resolution.

Joint applications can help reduce stress, legal costs, and unnecessary disputes, making the process smoother for everyone involved. Our experienced family law team can provide guidance on whether a joint application is the best choice for your circumstances. We offer a free, no-obligation initial consultation to discuss your options and help you determine the best path forward.

No-fault divorce solicitor

New terminology for
No-Fault Divorce

To make the divorce process clearer and more accessible, the new law also introduced updated terminology, replacing archaic legal terms with more user-friendly alternatives. This change ensures that those going through a divorce can better understand the process without unnecessary legal jargon. Here are some of the key terminology updates:

  • Divorce Petition is now referred to as an Application for a Divorce Order
  • Petitioner is now the Applicant
  • Decree Nisi is now a Conditional Order
  • Decree Absolute is now a Final Order
  • Decree of Nullity is now a Nullity of Marriage Order
  • Decree of Judicial Separation is now a Judicial Separation Order
  • Grant of a Decree is now Making an Order

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FAQs on No-Fault Divorce

How long will it take?

The minimum time for a divorce or dissolution to conclude will be in the region of six months.

Can I defend the divorce?

A major change is that the respondent will no longer be able to ‘defend’ the proceedings.  This change recognises that if one party believes that the marriage or partnership is over- then it is unlikely to be salvaged by forcing the parties to remain in a marriage or partnership until five years have passed since their separation.

What is the process?

The process will still be in two-stages, with a conditional order (formerly a Decree Nisi) being made at the first stage.  The applicant or applicants must confirm that they do wish the application to continue not earlier than 20 weeks from the date of the start of proceedings.  This allows the applicants a period of reflection before a conditional order is made.

The second and final stage is the final order (formerly Decree Absolute).  This cannot be applied for until at least six weeks after the date of the conditional order.

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