No Fault Divorce
Following the introduction of new legislation 6th April 2022, separating couples are now able to obtain a divorce, civil partnership dissolution, or legal separation without the need to place blame on each other for the breakdown of their relationship.
Separating couples are no longer required to rely upon one of the ‘five facts’ to prove the marriage has irretrievably broken down. Instead, the law seeks to encourage a more constructive approach to separation.
What is a no fault divorce?
A no fault divorce is far more straightforward and tries to avoid unnecessary acrimony. The procedure has been made for more user friendly and the language and terminology has been updated.
There is only one ground for divorce – the irretrievable breakdown of the relationship.
The terminology used in divorce proceedings has been modernised:
- ‘Petitioner’ (the person submitting the application) has become the ‘Applicant’
- Spouses now issue an Application rather than a Petition. ‘Decree Nisi’ has become ‘Conditional Order’
- ‘Decree Absolute’ has become ‘Final Order’
The application can be made by one spouse, or you can make a joint application if you both agree that the relationship has irretrievably broken down.
The court fee to issue a divorce application is currently £593.00. Although it is possible to obtain an exemption for this fee if you are on a low income (you may be required to provide evidence).
There is a minimum period of 20 weeks from the date of issue of proceedings to when the ‘Conditional Order’ can be applied for.
During this time, couples my still need to make separate arrangements to:
- Divide their finances
- Agree to maintenance payments (if necessary)
- Sort out child residence/contact
There is still a 6 week period between the Conditional Order being granted and when the Final Order can be applied for.
How do I apply for a no fault divorce?
An application is made to the court, either by post or online. We will need your original marriage certificate or a colour copy of submitting it online.
If a sole application is made, the court will send a copy of the divorce application (previously called a petition) to the other spouse. They are then required to confirm receipt of the application and send an ‘acknowledgement of service’ form back to the court within 14 days.
Once the application has been acknowledged, the court will advise you of the earliest date the conditional order can be applied for.
There is a 20 week waiting period for the Conditional Order to be pronounced and a further 6 week waiting period for the Final Order to be approved.
However, if family finances need to be resolved or arrangements need to be made for children, the timescale is likely to be longer.
The divorce process will not resolve the division of your finances and these will need to be considered separately and an order made giving
you both a ‘clean break’.
Can a no fault divorce be contested?
No, a no fault divorce cannot be contested, except in extremely limited circumstances.
If you would like to know more about the divorce process or you are concerned about how the family assets will be divided upon divorce, we are happy to assist you further.
Please telephone us on 01394 388 411 if you have any further questions, or simply complete the form below.
