The beginner’s guide to No-Fault Divorce

From how to apply, to timescales and key milestones – here’s our no-nonsense guide to the new No-Fault Divorce laws.

What is a No-Fault Divorce?

Introduced in April 2022, the new No-Fault Divorce law means couples in England and Wales no longer need to give reason (like adultery or unreasonable behaviour) to obtain a divorce. Instead, you can file a joint or sole application stating the marriage has irretrievably broken down, without assigning blame to either party. The purpose of this change is to reduce conflict and make the separation process simpler.

How does it work?

You can apply for a No-Fault Divorce online. The process is designed to be as simple, user-friendly and efficient a possible – whilst also allowing time for important decisions (like child arrangements and financial settlements) to be made.

  • Apply online: The application form can be filled in and submitted electronically, either jointly with your spouse or as an individual applicant.
  • 20-week reflection period: Once the application is filed, there’s a 20-week waiting period to allow both parties time to reflect on the decision and to start making any necessary arrangements – particularly where children and finances are involved.
  • Conditional Order: After the reflection period, applicants can apply for a Conditional Order (formerly the Decree Nisi), confirming to the court they see no reason why the divorce cannot proceed. Many couples remain at this stage of the process for a significant period of time while they organise their child arrangements and/or financial order, either privately or through the courts.
  • Final Order: A minimum of six weeks after the Conditional Order, the Final Order (formerly the Decree Absolute) can be requested – legally ending the marriage. 

Do I have to pay for a No-Fault Divorce?

Yes – the government charges a fixed fee to process your application. If you receive certain benefits, or have a low income, you can apply for the Help with Fees scheme which may entitle you to financial support with some or all of your divorce fee.

Can my spouse contest the divorce?

Under the new No-Fault Divorce laws your spouse can no longer contest the divorce because they don’t want to separate – they must have a genuine legal reason to do so. They may still try to delay the divorce and refuse to respond to your application. If this happens, there are legal processes (such as ‘deemed service’) that can be used to progress your divorce. If you find yourself in this position, contact a legal support firm like Bath Family Law, for advice on your options.

Do I need legal support?

While the No-Fault Divorce process is straightforward, having professional legal support can help you fully understand your rights, navigate any unexpected issues, and make arrangements that work for you and your family. Our team offer affordable guidance on everything from completing the application form, to managing deadlines and ensuring you stay informed of your progress and entitlements at every stage. As an organisation that supports collaboration, we can also work with both parties on a joint application to keep the divorce process as amicable and affordable as possible.

To find out more – book a FREE initial consultation with one of our family law experts today.

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