From 6th April 2022, couples separating in the UK have been able to seek a divorce, legal separation or dissolution of a civil partnership with no blame attributed to either of the parties. With the introduction of no-fault divorce, couples wanting to separate are no longer required to meet certain criteria or align with specific facts to prove that their relationship has broken down.
Are you considering divorce? Or are you unsure of the current best course to take to seek a divorce as a couple in the UK? The new no-fault divorce brings about significant change and reform to laws that have not been altered in more than four decades. We cover everything you need to know about these legal changes to divorce with the introduction of no-fault divorce below.
If you require expert legal advice or assistance please contact us confidentially and book your initial consultation with one of our experienced divorce solicitors. Simply call 0800 086 2929, email info@elitelawsolicitors.co.uk or complete our Free Online Enquiry Form.
What is no-fault divorce?
No-fault divorce is a new method of divorce in the UK introduced in the Divorce, Dissolution and Separation Bill.
The goal of no-fault divorce is to provide a blame-free, amicable option for couples.
How is no-fault divorce different?
While the previous UK divorce system required individuals to prove that a relationship had broken down irretrievably, no-fault divorce does not require this. Instead, the new no-fault divorce law provides a reconciliation and reflection-focused approach to the divorce process, with no blame or specific categorisation necessary to complete the divorce process. As there is no blame, there is also no option for one party to contest a no-fault divorce either.
Previously, separating couples were required to meet one or more of the following criteria to prove that the relationship was not salvageable:
- Unreasonable behaviours
- Adultery (not applicable in the case of civil partnerships)
- Desertion for two years or more
- Separation for two or more years where both couples consent
- Separation for five or more year if no agreement is reached
One of the main issues with this process was the requirement for blame if you didn’t want to wait for at least 2 years. If one party blamed the other for a divorce, the other half of the couple could choose to disagree and contest the divorce process, potentially preventing its completion. The outdated and inflexible nature of these divorce laws often resulted in significant stress and difficulty for the parties involved.
Where the ‘blame’ requirement of past divorce proceedings often lead to conflict between couples, no-fault divorce offers an effective way to complete a divorce as painlessly as possible where there is no single person to attribute to the breakdown of a relationship.
The only way to avoid blame within the previous divorce laws was to be separated for at least 2 years, and even then consent was still required from the other party. However, under the new no-fault provisions, there is no requirement for a long period of separation. Instead, parties have to wait an additional 20 weeks before progressing their initial application, a delay that is not required under the current system. Most couples will only be required to wait around eight months to complete a no-fault divorce.
What is the process for no-fault divorce?
The process for a no-fault divorce has the same foundations as past, standard divorce proceedings in the UK. In both cases, the ground for divorce is the irretrievable breakdown of a relationship. However, in a no-fault divorce, neither party will be required to specify additional grounds for divorce that attribute blame. This change removes the ability for a divorce, separation, or dissolution to be contested.
Instead of the previous process, couples have the option for joint applications as an alternative to sole applications for an equal and amicable process. Once the initial application is completed, separating couples will also need to make separate arrangements for financial and childcare-related matters, such as the division of finances, organisation of child residence and maintenance payments if required.
A minimum period of 20 weeks applies from the start of divorce proceedings, after which the conditional order can be made (previously known as the decree nisi). Following the conditional order, there is a six-week period before the final order (previously known as the decree absolute) can be made.
When did no-fault divorce come to the UK?
The new no-fault divorce laws came into force on 6th of April 2022. This date aligned with the implementation of new practice directions and the launch of a new online digital divorce service for use across the UK.
What are the advantages of the new method of divorce?
No-fault divorce brought about some of the most significant changes to the divorce, separation, and civil ceremony dissolution process in recent history. Here are some of the main advantages of a no-fault divorce:
No requirement for blame in the divorce process
With no requirement for one party to blame the other for grounds for divorce, the process of completing a divorce can often be far less taxing and stressful for the separated couple and their children as applicable. In cases where animosity over the reason for divorce may result in a more litigious or aggressive process, a no-fault divorce can prevent emotions from running high to keep the proceedings as straightforward as possible.
An easier, amicable process for consenting couples
The opportunity to provide joint applications for a no-fault divorce is one of the key benefits of the upcoming legal changes to divorce. If both parties agree to a divorce with no blame, a joint application can ensure equal and fair inclusion throughout the divorce process. This additional equality can also support making the right decisions for the division of assets, child arrangements and similar processes.
No risk of contest through the courts
No-fault divorce removes the opportunity for one party to contest the other by eliminating blame. This lack of risk makes no-contest divorce appealing for sole parties that may otherwise risk contest from their partner. In some cases, this contesting process may even lead to the divorce being blocked or prevented. The result of this is a shorter, less painful process for all parties involved, with no chance for a divorce to be drawn out through the court system over months or even years.
Faster completion of the divorce process from start to finish
No-contest divorces provide a swifter path to completion in the first stages of divorce. The conditioner order, previously known as the decree nisi, will have a new minimum period requirement of 20 weeks, while the final order will retain the six weeks before the divorce completion. On average, this leads to a divorce process that can take around six months from first application to completion.
Less stress and uncertainty for dependents
Children and dependents involved in a divorce between two parents often experience stress throughout the process, particularly in one party apportioning blame to the other for divorce to be complete. No-contest divorce can help remove the animosity from the divorce process, with no requirement to pit parents against each other for a divorce to be completed, which is beneficial for the stability and happiness of many children in handling their parents’ divorce.
Will both parties have to agree?
No-fault divorce introduces the option for separating, amicable couples to start their divorce with a joint application. However, this is not a requirement for no-fault divorce, and sole parties are still be able to complete the divorce process independently as needed. Under the new laws, couples are able to seek a divorce without meeting any of the five specified reasons for divorce, whether or not they agree to a joint application.
How long will a no-fault divorce take?
In total, a no-fault divorce will take around eight months from start to finish. A no-fault divorce will follow the same basic process as current divorce law, with a few key differences. Firstly, a minimum 20-week period will apply from the application for divorce to the conditional order being made, providing time for financial settlements and arrangements to be completed. The second phase of divorce, know known as the final order, will still have the same six-week cooling-off period as before.
How can Elite Law Solicitors help with no-fault divorce?
How can Elite Law Solicitors help with no-fault divorce?If you are considering divorce proceedings, you will more likely than not have 1,000 questions running through your mind. Is it the right decision? Has it really come to this? How will I protect the interests of my children?
At Elite Law Solicitors, we have helped thousands of clients overcome these and many other questions and will use our expertise in family law to help you do the same.
As highly qualified and experienced divorce lawyers, our team are fully informed about the recent changes to divorce, separation and civil partnership dissolution law. We can support you with the process of no-fault divorce and provide guidance on the best course of action for your circumstances.
For expert legal advice, get in touch with one of our experienced Family Law Solicitors by calling 0800 086 2929, emailing info@elitelawsolicitors.co.uk or completing our Free Online Enquiry Form.
The content of this article is for general information only. The information in this article is not legal or professional advice. If you require legal or professional advice you should obtain independent expert advice from qualified Family Law Solicitors such as those within our firm.
