No-Fault Divorce in England & Wales

A no-fault divorce in England and Wales allows couples to legally end their marriage without blaming each other and restoring their single status.

Getting legal advice is key as divorce affects your finances, children, and emotions. We can guide you through your rights and responsibilities.

If you're thinking about a no-fault divorce, contact our divorce and family law solicitors in London at 0203 417 3700 or email us at info@wembleysolicitors.com.

Table of Contents

What is a no-fault divorce?

A no-fault divorce is a legal procedure in England and Wales that lets couples end their marriage without blaming each other and return to their single status.

Now, you just need to say the marriage has broken down irretrievably. There’s no need for blame, as the no-fault divorce is aimed at reducing conflict between separating couples.

When did no-fault divorce come into effect in the UK?

On 6th April 2022, the new Divorce, Dissolution and Separation Act 2020 (DDSA 2020) came into force, allowing separating couples to divorce without needing to prove who was at fault.

This change, called "no-fault divorce," is a big update to family law in 50 years. It aims to make divorce easier, reduce fights, and help couples part ways amicably.

Who is eligible for a no-fault divorce?

Anyone living in England and Wales can apply for a no-fault divorce. You don't need to be British. Even if you got married abroad, you can apply here.

You are eligible to apply for a divorce in England or Wales if:

• You have been married for more than a year
• The marriage has irretrievably broken down
• Your marriage is legally recognised in the UK, including same-sex marriages

There are different rules and processes if you want to get a divorce in Scotland or Northern Ireland.

Legal advice from an expert divorce solicitor can help you understand your situation better.

9 Advantages of no-fault divorce

1. Simplicity

Couples can now end their marriage without proving fault. This makes the process less stressful. Before, they had to show evidence of wrongdoing or wait two years apart.

2. Faster Process

Without blame, divorces are quicker. You don't need to separate before filing. This speeds up the legal process for those ready to move on.

3. Greater Privacy

You don't have to share personal details in court. This keeps things private during a tough time.

4. Joint Applications Available

Couples can now apply together. This reduces conflict and shows mutual agreement.

5. Encourages Cooperative Settlements

The less confrontational approach helps in negotiating financial and child arrangements amicably.

6. Reduced Conflict

No-fault divorces lead to fewer legal fights. This makes the process more peaceful.

7. Cost Efficiency

Less legal work means lower costs. Applications are simpler, saving money on lawyers and court fees.

8. Reflection Period

The 20-week wait lets couples think again. They can consider reconciliation or plan their separation.

9. Support for Domestic Abuse Victims

Abuse survivors don't have to face their abuser in court. This makes the divorce process safer and less stressful.

6 Potential drawbacks of no-fault divorce

1. Lack of Accountability

Some feel unhappy that no one is blamed for the marriage ending. This can be hard if one partner's actions are a big factor.

2. Limited Legal Defences

It's harder to defend a divorce now. Legal challenges are mostly about technical issues, not the reasons for the divorce.

3. Potential for Premature Decisions

Without proving fault, some might rush into divorce. This could mean not fully considering other options.

4. Legal and Financial Complexities Remain

While divorce is simpler, financial and child arrangements can be complex. Legal help is often needed.

5. Limited Grounds to Contest Divorce

Contesting a divorce is now limited. You can only question jurisdiction or the marriage's validity.

6. Risk of Overlooking Long-Term Consequences

The simple process might make people overlook the legal and financial impacts. This includes dividing pensions or future financial claims.

Five steps of the no-fault divorce application process

The no-fault divorce process started in April 2022. It makes ending a marriage in England and Wales easier without blame.

Here's a step-by-step guide to help you:

• Step 1: Determine Your Eligibility
• Step 2: Submit a Divorce Application
• Step 3: Reflection Period (20 Weeks)
• Step 4: Apply for a Conditional Order
• Step 5: Final Order Application (6 Weeks and 1 Day Later)

Step 1: Determine Your Eligibility

To apply for a no-fault divorce, you need to meet certain criteria:

• You must have been married for at least one year.
• Your marriage has irretrievably broken down.
• Your marriage is legally recognised in the UK.
• Your marriage must be beyond repair.

Step 2: Submit a Divorce Application

You must decide whether you want to make a joint application with your spouse or whether you want to apply on your own.

You can make a joint application if you and your partner agree to the divorce and there is no risk of domestic abuse.

For a no-fault divorce, you can apply either online via the government website or by downloading Form D8 and sending a paper application through the post.

You must pay the divorce application fee of £593 along with your application.

Step 3: Reflection Period (20 Weeks)

After submitting the divorce application, there is a 20-week waiting period before either party can apply for a Conditional Order (Previously Decree Nisi). This waiting period is known as the cooling-off period.

This time lets you think about getting back together or planning your separation.

Step 4: Apply for a Conditional Order

After 20 weeks, apply for a Conditional Order. This shows the court you're serious about ending your marriage.

Step 5: Final Order Application (6 Weeks and 1 Day Later)

Once the Conditional Order is granted, you must wait for another 6 weeks before applying for the Final Order (Previously Decree Absolute), which officially ends the marriage.

No-fault divorce UK timeline 2025

The process typically takes a minimum of 7 months from application to final order. However, it may vary based on individual circumstances and court processing times.

1. Filing the Divorce Application

• Who: One or both spouses can submit the application.
• How: Apply online or by post.
• Court Fee: £593
• Timeframe: The court issues the divorce application within a few days to a couple of weeks after submission.

2. 20-Week Reflection Period

• Purpose: This period allows both parties time to reconsider or prepare for separation agreements.
• What to Do: Use this time to agree on financial settlements, child arrangements, or other separation matters.

3. Application for Conditional Order

• When: After the mandatory 20-week reflection period.
• What: The applicant confirms the intention to proceed by applying for a Conditional Order (previously Decree Nisi).
• Court Action: The court reviews and grants the Conditional Order if all criteria are met.

4. 6-Week Waiting Period

• Duration: Minimum of 6 weeks and 1 day between the Conditional Order and Final Order applications.
• Purpose: This additional waiting time allows further reflection and ensures readiness to finalise the divorce.

5. Application for Final Order

• When: After 6 weeks from the Conditional Order.
• What: The applicant applies for the Final Order (previously Decree Absolute), which legally ends the marriage.

How long does a no-fault divorce take?

The no-fault divorce process in England or Wales typically takes at least 7 months, whether it's a joint or sole application depending on the complexity.

How much does a no-fault divorce cost?

The divorce application fee is £593, and the payment method will depend on whether you apply online or by post.

Our solicitors can handle your no-fault divorce from start to finish, with flexible pricing options including hourly rates or fixed fees.

In any event, seeking legal advice before starting the process is important due to potential financial implications.

Is no-fault divorce right for you?

A no-fault divorce can make separation smoother. But it's not right for everyone. It's important to understand your rights and the financial implications.

Seeking legal advice from a family law solicitor is wise. They can help protect your interests and make the process less stressful.

How do solicitors help with no-fault divorce applications?

Our divorce solicitor offers expert guidance throughout the no-fault divorce process, ensuring everything is handled smoothly and legally.

Here's how we assist at each step:

• Our solicitor will explain the no-fault divorce process and your options.
• We will assist in completing the divorce application, ensuring all details are correct.
• The solicitor will advise on whether to apply individually or jointly, ensuring legal requirements are met.
• Our solicitor will prepare and submit your divorce application.
• After 20 weeks, we will guide you on applying for the Conditional Order.
• Once the 6-week period after the Conditional Order has passed, we will help apply for the Final Order to end the marriage.
• If needed, our solicitor will assist with financial or child arrangement negotiations or referrals.
• In case of disputes, we will represent you and may use mediation or court hearings to resolve them.

How much does a divorce solicitor cost?

Our divorce solicitors in London charge a fixed fee of £1,500 plus VAT for divorce cases, however, for more complex cases, we often charge on an hourly basis.

What it may not cover:

• Financial settlements or child custody disputes
• Complex property or asset divisions
• Court representation if litigation becomes necessary

Contact a no-fault divorce solicitor in London

Looking for an expert no-fault divorce solicitor in London? Contact Wembley Solicitors today at 0203 417 3700 or email us at info@wembleysolicitors.com.

At Wembley Solicitors, our team of experienced divorce solicitors in London is ready to assist you with legal guidance and support for your divorce case.