If you are considering getting a divorce, you may be looking to understand more about the process, especially as it has changed in recent years.
The law on divorce changed in April 2022, when no-fault divorce replaced the old divorce process.
No-fault divorce law removes the requirement for couples to provide a reason for the breakdown of their marriage and essentially assign blame to one party.
Instead, now one or both parties can give a statement stating that their marriage has irretrievably broken down.
This has changed the divorce process making it more amicable and removing confrontation, particularly for couples who have agreed to split and no longer have to provide a reason.
In this blog, we cover:
- What is a no-fault divorce?
- How is no-fault divorce different to the previous divorce law?
- How does the no-fault divorce process work?
- How long does a no-fault divorce take?
- Do both spouses need to agree to a no-fault divorce?
What is a no-fault divorce?
The Divorce, Dissolution and Separation Act (2020), was the biggest change to divorce law for more than half a century.
The changes mean that a spouse or a couple jointly can now apply for a divorce by stating their marriage has broken down irretrievably. They no longer need to provide a reason for this or prove that one party is at fault.
It has removed the need for separating couples to apportion blame for the breakdown of their marriage, instead helping them to focus on practical decisions such as child arrangements or their finances.
Importantly, as only one party needs to apply for the divorce, the new law also prevents spouses from contesting the divorce and forcing their partner to stay in the marriage.
How is no-fault divorce different to the previous divorce law?
Under previous divorce law, you had to provide one of five reasons for the breakdown of your marriage, including:
- The other party has committed adultery.
- The other party had behaved in such a way that you couldn’t reasonably be expected to live with them any more.
- You've been separated for two years and the other person agrees to the divorce.
- You've been separated for five years.
- The other person has deserted you for at least two years.
As such, unless you had been separated for at least two years, you had to prove that your partner’s behaviour was the reason for the marriage ending.
However, with no blame divorce, this is no longer necessary. Instead, you just have to confirm in the application that the marriage has irretrievably broken down.
You can now apply for a no-fault divorce alone or together with your spouse. There are fewer reasons that one party can object to the divorce, which makes the process more straightforward.
How does the no-fault divorce process work?
Obtaining a no-fault divorce now follows a more straightforward process in the UK.
Initially, an application is filed, either solo or jointly.
Then the court will issue the divorce, marking the legal initiation of proceedings.
For sole applications, the application is served to the other spouse, known as the Respondent.
The Respondent then acknowledges receipt within 14 days.
After a minimum of 20 weeks, a Conditional Order can be applied for, indicating the court's approval for the divorce to proceed.
Finally, after 6 weeks from the Conditional Order, a Final Order is sought, formally concluding the marriage legally.
How long does a no-fault divorce take?
Under the new divorce law, the process follows a specific timeline, allowing couples to think about their decision and make arrangements:
- You make either a single or joint application for a divorce order.
- After 20 weeks, if the applicant(s) still want to proceed, the court will grant a Conditional Order.
- Six weeks after that, the Final Order will be issued.
Overall, a no-fault divorce typically takes around 7 to 10 months to complete.
Negotiations about matters such as child arrangements and finances can elongate the process, so it is advisable to allow additional time for complex matters.
Do both spouses need to agree to a no-fault divorce?
Both spouses do not need to agree to a no-fault divorce, one party can make a divorce application on their own.
However, the process does require cooperation, as both parties will need to agree on arrangements for any children and financial matters.
If couples cannot reach an agreement themselves, our no-fault divorce solicitors can assist with mediation and negotiation to resolve these matters.
Contact our divorce solicitors in Northwich, Cheshire
If you’d like to discuss your legal needs with one of our divorce and separation solicitors near you today, give us a call on 01606 48777 or email info@susanhowarthsolicitors.co.uk.
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