Five things you need to know about ‘No Fault Divorce’

The divorce process in the UK went under a substantial change on 6 April 2022 when the ‘No-Fault Divorce’ came into effect. This new legislation has replaced the old, and is designed to reduce and minimize conflict arising from divorce. The previous requirement to prove the irretrievable breakdown of the marriage by way of one of five “grounds” has been abolished and now a statement declaring said breakdown will suffice, without the need for justification. Furthermore, the new divorce process will take on average six months to complete. This new change is expected to make the divorce process more amicable and straightforward, thus enabling separating parties to focus on any children and/or finances instead.

Applicants can apply jointly

Applications can be made either as a sole applicant (individually) or as joint applicants (as a couple). The benefit of applying as joint applicants is the sense of “equal footing” and is an interesting option in the event that both parties are agreeable to the divorce.

It will take a minimum of 6 months

The no-fault divorce will take roughly six months from beginning to end. From the date of initial application, there is a mandatory 20 week “reflection period” before receiving a conditional order. This reflection period provides an opportunity for the parties to reconsider their decision and begin to sort out any financial aspects. Following receipt of the conditional order, there is another mandatory six week period before being eligible to apply for the final order. Only once the final order is received is the marriage officially ended.

Note: it is advised to complete any financial proceedings prior to the finalisation of the divorce.

Proof of irretrievable breakdown is no longer needed

There is no need to provide any proof of the irretrievable breakdown of the marriage, other than a signed statement from the applicant(s). The requirement to satisfy one of the five grounds, specifically adultery, unreasonable behaviour, two years separation with consent, five years separation without consent and desertion, is no longer needed. The grounds are no longer factors in determining the breakdown of the marriage and therefore a simple desire to no longer be married is the only requirement.

It cannot be contested unless on the basis of jurisdiction

Whereas a divorce application could be contested and potentially prevented if the other party disagreed on the grounds or on the evidence provided to satisfy the grounds, this is no longer possible under the new legislation. Unless it is on the basis of jurisdiction, a divorce application cannot be contested or blocked from proceeding by the other party. This in turn, will avoid it going to Court.

Online process

The new process is predominantly online via the application portal but can also be done via email, with a copy being sent by post.

Do you have more questions about any of the above points or see yourself requiring the help of a specialist to deal with a family law matter? We are here for you so get in touch today and together we can make sure you are in a good and secure position.