The Pros and Cons of No-Fault Divorce

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.

No-fault divorce has changed family law for the better as it's simpler, quicker, and less stressful, but it's not perfect.

If you're considering of no-fault divorce, it's important to be aware of the pros and cons of a no-fault divorce to make a well-informed decision.

In this article, our expert family lawyer and divorce solicitor explains both the advantages and disadvantages of no-fault divorce in the UK.

Table of Contents

What is a No-Fault Divorce?

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

They 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.

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.

9 Main Advantages of a No-Fault Divorce

1. Simplicity

No-fault divorce makes the legal process simpler to end a marriage as you do not need to prove who was at fault. It is a less stressful and quicker divorce process as couples don't have to fight in court.

2. Joint Applications

Couples can make a joint application if they agree to the divorce and there is no risk of domestic abuse. This reduces conflict and makes the process more amicable.

3. No Contest

Divorces can't be contested, which makes the process smoother and faster. It avoids long legal battles.

4. Speed

No-fault divorce is quicker because you don't need to prepare the grounds for the divorce and gather evidence.

Without proving fault, divorces can happen faster. This is good for couples who want a quick end to their marriage.

5. Increased Privacy

With no need to show evidence of fault, couples can keep their personal issues private. They don't have to share their problems in court. This keeps their privacy safe and respects their dignity.

6. Reduced Conflict

No-fault divorce makes things less tense. It helps couples separate more peacefully, with fewer arguments. This helps them focus on important issues like childcare and money matters.

The divorce application under the no-fault system requires minimal documentation and eliminates the need for court hearings to settle disputes.

It significantly reduces the legal costs (lawyers and Court fees) and makes no-fault divorce more affordable for many.

8. More Time to Reconsider Options

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.

The 20-week waiting period lets couples think again. They can even try to get back together if they want. It's a chance to consider reconciliation.

9. Support for Domestic Abuse Survivors

The new rules help survivors avoid sharing details of abuse in court and abuse survivors don't have to face their abuser in court. This makes the process safer and less scary for everyone, including children.

4 Potential Disadvantages of a No-Fault Divorce

1. Lack of Accountability

Some say no-fault divorce lacks accountability. People who feel their partner's actions caused the breakdown might find it unfair.

Courts have fewer reasons to stop a divorce. This means it's harder to challenge a divorce if you want to. You can only challenge the marriage's validity, not much else.

3. Longer Waiting Periods

The 20-week reflection period and extra processing times can make divorces take longer. The waiting period is a drawback for those who want a quick divorce.

4. Court Delays

After the initial law change, there was a rise in divorce applications as couples waiting for the no-fault provision to take effect moved forward with their decisions.

The removal of mandatory long-term separation requirements before filing for divorce may lead to quicker decisions by some couples who no longer have to endure extended waiting times.

However, the surge in applications has contributed to delays within the court system.

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.

Should I Consult a Solicitor for a No-Fault Divorce?

Even though the no-fault divorce application process is simpler, and less documentation is required, getting legal advice is highly recommended.

 A no-fault divorce solicitor can help with divorce applications and provide expert advice on financial settlements, including the division of money and assets.

A solicitor can also advise on adequate arrangements for children and spousal maintenance after divorce, ensuring your rights are protected.

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.

Contact a No-Fault Divorce Solicitor

Looking for an expert no-fault divorce solicitor? 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.

There are several ways to contact Wembley Solicitors:

Our team of immigration solicitors is based in Wembley, London about a 4-minute walk from the Wembley Central underground station which gives easy access to clients.

Legal Disclaimer

The information provided is for general informational purposes only and should not be taken as legal advice. While we make every effort to ensure accuracy, the law may change, and the information may not reflect the most current legal developments. No warranty is given regarding the accuracy or completeness of the information, and we do not accept liability in such cases. We recommend consulting with a qualified lawyer at Moeen & Co. Solicitors before making any decisions based on the information provided on this website.

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