No fault divorce… everything you need to know

What is no-fault divorce?

No‑fault divorce refers to the process introduced by the Divorce, Dissolution and Separation Act 2020, which has changed the way couples divorce in England and Wales.

Under the no‑fault divorce law (introduced in April 2022), the sole ground for divorce remains the irretrievable breakdown of the marriage, but importantly, neither spouse needs to blame the other. Instead of relying on facts such as adultery or unreasonable behaviour, divorcing couples now simply provide a statement confirming that the marriage has irretrievably broken down. This can be submitted by one applicant or jointly.

This marks a significant change from the previous legal framework, which often required one spouse to allege fault or wait years before they could legally divorce.

Is it easier to obtain a divorce under the no-fault divorce law?

A no-fault divorce is more straightforward, as there is no longer a need to fine-tune the drafting of a divorce petition, and the daunting prospect of a defended divorce has largely become a thing of the past.

There has also been a change in the language used with the removal of archaic terms such as decree nisi, decree absolute and petitioner; those being replaced by conditional order, final order and applicant respectively. The online divorce portal has also been updated to make the process smoother and easier to navigate for both the public and professionals.

It is quicker to divorce under the no-fault divorce law?

Obtaining a divorce is not faster under the new law. There is still a two-stage process: conditional order and final order and you must wait a period of six weeks between the two. There has also been the introduction of a minimum period of 20 weeks between the divorce application and the conditional order, to provide a period of reflection.

How much does it cost to get a divorce?

The court fee to issue a divorce application is £612. At Boyes Turner, our family law solicitors offer a range of options from full management of the divorce process to tailored assistance depending on your needs.

Do I need a no-fault divorce lawyer?

While the divorce process has moved online and the portal is user-friendly, there are still practical things to consider, such as financial matters which are not resolved by the divorce itself. For example, divorce has important financial consequences which can affect your tax position and pension entitlement. A specialist family solicitor can help protect your financial position when considering divorce by assisting you to obtain a financial consent order.

Another practical thing to consider is child arrangements. Where a couple cannot agree on arrangements between themselves, a specialist family solicitor can guide them on making a decision that is in the children’s best interests.

No-fault divorce legal advice

At Boyes Turner, we have fully welcomed the change in the law. We have found that families have benefited significantly by moving away from a focus on why the marriage broke down and who did what; instead encouraging a more forward-thinking approach.

This is a brief overview of the no-fault divorce. For further information, please contact our specialist family law team, who would be delighted to assist you.