10 Things You Need to Know About No-Fault Divorce

The Divorce, Dissolution and Separation Act 2020 became law on 6th April 2022 in England and Wales, changing this area of law for the first time since 1973.

It allows couples to get a divorce, civil partnership dissolution or legal separation without having to blame each other for the breakdown of their relationship. Many refer to this as “no-fault divorce”.

In this article our Head of Divorce and Family Law, Noelle Heath explains 10 things you need to know about “no-fault divorce”.

What is “No-Fault Divorce”?

“No-fault divorce” is a simple and amicable approach to divorce, civil partnership dissolution and legal separation.

Separating couples can file for divorce or civil partnership dissolution without having to blame their former partner to prove irretrievable breakdown of the relationship or without having to allege Adultery or having to live apart for a certain number of years.

Therefore “no-fault” divorce puts an end to the blame game. If both parties agree to separate, then an application for divorce can be made by either spouse individually or they can now make a joint application.

10 Things You Need to Know About No-Fault Divorce

Below we explain 10 things you need to know about no-fault divorce:

  1. Still only one ground for divorce – There is still only one ground for divorce, which is that the marriage has irretrievably broken down. However, it no longer needs to be evidenced by establishing one of the following 5 supporting facts; adultery, unreasonable behaviour, desertion, 2 years separation with consent and 5 years separation (no consent required).
  2. No more blame – As separating couples no longer need to evidence one of the 5 supporting facts to prove their marriage has irretrievably broken down, it removes the element of blame against one of the partners.
  3. New minimum 6-month time scales – Under the new legislation, most couples will have to wait a minimum of 6 months for their divorce or dissolution to finalise.
  4. Joint applications available – For the first time, if both parties agree the marriage has irretrievably broken down, they can now make a joint application for divorce or dissolution.
  5. Update divorce language to be in plain English – The outdated legal terminology has been updated with more user-friendly terms, which are easier to understand. For example, the divorce ‘Petition’ is now known as the ‘Application’. The ‘Petitioner’ is ‘Applicant’, ‘Decree Nisi’ is ‘Conditional Order’, and ‘Decree Absolute’ is ‘Final Order’.
  6. Limited grounds for contesting the divorce – An application can only be contested on the basis of jurisdiction, the validity of the marriage is disputed or because the marriage has already been legally ended (e.g., prior overseas divorce). Therefore, it removes the possibility of a divorce or dissolution being contested forcing them to go to court, which saves the parties a considerable amount of time, cost and stress.
  7. Online divorce portal – The court’s online divorce portal must be used for all divorces involving parties represented by a Solicitor, unless the same Solicitor is acting for both parties. People can continue filing applications via post if they prefer.
  8. Both parties don’t have to agree – An individual can still make a  sole divorce application even if their partner does not agree with the divorce.
  9. Converting a joint application to a sole application – A joint application can be converted to a sole application if the other party no longer wishes to proceed as a joint applicant. The party seeking the divorce can continue the progress as a sole applicant, without needing to amend the original joint application.
  10. Period for reflection – There is a 20-week period for reflection, which starts immediately when the divorce application is issued by the Court. During this time parties will have time to make separate arrangements for dividing their finances and arrangements for their children etc.

Specialist Divorce & Family Law Solicitors

Morrish Solicitors is a long-established law firm based in West Yorkshire offering a comprehensive range of legal services to individuals based within the region and nationally. We have an experienced team of Divorce and Family Law Solicitors who can support you and your family.

Our services include:

As members of Resolution – First for Family Law, our solicitors aim to achieve a constructive and amicable solution in order to keep costs low and stress to a minimum.

Our divorce and family law services at offered at your convenience either in-person, over the phone, via email and through the post, so we can support you and your family no matter where you live.

If you would like expert legal advice regarding a family matter, please contact our specialist Divorce and Family Law team on 033 3344 9600 or simply email [email protected] with your request.

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