No-fault divorce, sometimes called “no blame divorce” or “no contest divorce”, means that separating couples in England and Wales can apply for divorce or dissolution without the need to blame each other for the irretrievable breakdown of their marriage or civil partnership.
No-fault divorce and dissolution was introduced on 6th April 2022. Before this date, it was necessary to choose from five possible grounds for divorce. These included adultery and unreasonable behaviour. The problem under the old divorce law was that forcing one party to lay blame on the other often led to animosity and conflict, adding further distress for the divorcing couple and their children.
Under the no-fault divorce rules, it is possible to apply for divorce or dissolution:
- After being married or in a civil partnership for a year or more.
- If the relationship has permanently broken down.
- If the marriage or civil partnership is legally recognised in the UK.
A no-fault divorce in England and Wales currently costs £593 plus any legal costs if a divorce lawyer handles the divorce process.
Changes in the no-fault divorce
The no-fault divorce law introduced on 6th April 2022 under the Divorce, Dissolution and Separation Act 2020 (DDSA 2020) made a number of important changes to divorce and dissolution in England and Wales, as follows:
- Now, there is only one ground for divorce (irretrievable breakdown) – prior to 6th April 2022, one party had to select from 5 possible grounds (adultery, unreasonable behaviour, living apart for more than 2 years with agreement, living apart for more than 5 years without agreement, or desertion).
- Parties can now make a joint application for divorce – this was not possible prior to 6th April 2022. This means that separating couples can better work together to resolve any issues during the divorce process.
- Divorce, dissolution or separation can no longer be contested by the other party.
- New terminology – ‘Decree Nisi’ changed to ‘Conditional Order’ and ‘Decree Absolute’ changed to ‘Final Order’.
- Mandatory 20-week “cooling off” period before applying for a Conditional Order – the idea of this is to allow divorcing couples to reflect on their decision and work together to reach an amicable agreement relating to children, living arrangements, property, and money.
- Additional mandatory waiting period of 6 weeks between the Conditional Order and applying for the Final Order.
No-fault divorce process
The no-fault divorce process takes at least 6 months due to the mandatory waiting periods for the Conditional Order and Final Order.
Divorce or dissolution using the no-fault divorce process involves several steps, as follows:
- Check that you meet the criteria for divorce or dissolution (see above).
- Seek independent legal advice from a family law solicitor.
- Decide whether you wish to make a joint or sole application for divorce or dissolution – a joint application is possible if you both agree to divorce and there is no risk of domestic abuse. Ensure any agreement is made legally binding.
- Reach an agreement on child arrangements, child maintenance payments, and how you will divide your money and marital property.
- Apply for divorce or dissolution online – you will need your name and address (and those of your partner) and your marriage certificate.
- Pay the divorce application fee of £593 online.
- Upon receipt of your application, HM Courts and Tribunals Service (HMCTS) will review your case. If all requirements have been met, a notice that your application has been issued will be sent out. If you apply on your own, HMCTS will send an ‘acknowledgement of service’ to your partner, who will then need to reply within 14 days.
- Apply for a Conditional Order online – you will need to wait for 20 weeks to pass from the date that your application was issued by HMCTS.
- Apply for a Final Order online – You will need to wait a further 43 days from the date of the Conditional Order before applying for a Final Order.
- Final Order issued – at this point, you are no longer married and free to re-marry.
No-fault divorce pros and cons
The no-fault divorce process has a few obvious benefits, but there are some disadvantages to be aware of.
Advantages of no-fault divorce
- Less cost – because there is no need to defend a no-fault divorce application, the potential for high legal costs is removed.
- May be faster – no-fault divorce avoids the potential for lengthy legal disputes over who was responsible for the breakdown of the marriage.
- Less contentious – by removing the need to lay blame for the ending of the marriage, divorce is now more straightforward and amicable.
- Less traumatic for victims of domestic abuse – victims of domestic abuse no longer need to provide a statement explaining what has happened to them to divorce.
- More privacy – no-fault divorce removes the need for details of why the marriage has broken down to be discussed in court.
- More time to reflect – the cooling off periods offer time for separating couples to reflect on their decision and come to agreements on important matters (i.e., children, money, and property).
Disadvantages of no-fault divorce
- Lack of accountability – no-fault divorce means that no one is held accountable for the breakdown of the marriage (e.g., because of adultery). This is offset by the benefit of being able to quickly end the marriage, allowing parties to move on to a new life.
- May be slower – for more straightforward divorces, no-fault divorce may be slower due to the 26-week mandatory waiting periods.
- “Too easy” – it may be argued that no-fault divorce is too easy because either party can apply to end their marriage or civil partnership without providing a reason why. This is one of the reasons for the cooling-off period, as it forces parties to reflect on their decision.
No-fault divorce and financial settlements
No-fault divorce does not directly affect financial settlements. This is because the process of divorce and reaching a financial settlement are separate. That said, a no-fault divorce may make it easier to reach a financial agreement because there is more time to reach an agreement, and there is typically less animosity and, therefore, willingness to work together to find a solution.
It is important to remember that the court’s starting point for financial settlement is always on the basis of an even 50/50 split. However, a no fault divorce does not guarantee a 50/50 split. The courts consider several factors when reaching a decision on financial settlements, including:
- The lifestyle enjoyed during the marriage or civil partnership
- Current and future income
- Existing financial resources and assets (e.g., investments, property)
- The duration of the marriage
- Any disability of either party
- The contribution of each party during the marriage
- The needs of any children
- The conduct of each party
If divorcing couples cannot reach a fair and amicable financial agreement or in the event of an unfair financial settlement, it is essential to seek the advice of a no-fault divorce lawyer who can help and support you.