What is no-fault divorce?
A ‘no-fault’ divorce is one in which the partner within a marriage – who is asking for the divorce – does not have to prove that the other partner did something wrong.
Now there is only one ground for divorce
Instead, your petition (now called application) will simply cite the irretrievable breakdown of the marriage as the ground for divorce. You will no longer be able to cite factors of adultery, behaviour or separation.
Legislation to bring about a no-fault divorce option, became available to couples on 6 April 2022, having been passed into law on 25 June 2020.
Eradicate the blame game
Since the introduction of no-fault divorce in April 2022, ending a marriage in England and Wales has become simpler and allows for a less contentious process. Couples can now apply online, without assigning blame, and even submit joint applications, making the process less stressful.
For people who’ve reached the conclusion it’s better to divorce than remain married, to be able to do so without having to wait and apportion blame, is a positive step. This will likely benefit any children of the family because of the focus on separation, instead of blame. The emotional impact of divorce is a huge challenge for many and it’s rarely taken lightly, particularly where children are involved.
Blame and fault as to the end of a marriage is now almost entirely irrelevant when resolving the financial issues which need to be addressed in the divorce. This is a very helpful change because in the past when blame was actively required to start the process, there was a tendency to bring questions of ‘blame’ into the financial negotiations.
The rise of DIY divorce
- Many people are choosing to manage their divorce without using a solicitor, commonly known as a “DIY” or self-serve divorce.
- DIY filings are most common in simpler cases, where there are no disputes over finances or children.
The online divorce platform makes the process seem straightforward and cost-effective especially for those confident handling paperwork themselves. This is a potential negative impact of the new system and a shift in thinking for people considering that they can easily complete the divorce processes themselves due to the tick box nature of the application form.
Why solicitor-led divorce remains essential
- Even with DIY filings, complex legal matters still require professional guidance and even circumstances that seem straightforward can develop into more complex matters quickly.
- For financial settlements, your family solicitor can ensure fair division of property, pensions, business interests, and other assets.
- Your family solicitor can assist with drafting a Consent Order which will make the agreements legally binding and protect against future claims.
- Child arrangements and maintenance are also essential aspects to consider, which include, safeguarding and the long-term welfare for children and parents alike.
Even where couples start the process themselves, it is common for solicitors to be involved at key stages, underlining the importance of expert legal advice and that DIY filing rarely replaces the value of tailored and personal advice.
Important changes to divorce law
The changes do remove much of the emotional content of divorce applications. In summary, the changes:
- remove the requirement to provide evidence of poor conduct or separation
- restrict and remove the ability to contest and defend divorce proceedings
- allow applications to be made jointly if they wish, or solely if they do not.
Defending divorce proceedings
Previously, a respondent (the receiver of the application for divorce) could defend proceedings if they did not wish to divorce. In which case, the court had to assess whether the grounds cited in the petition could be proven on a balance of probabilities. However, the new law, will (save for exceptional circumstances) only allow people to defend a petition on a very limited basis:
- lack of jurisdiction
- when the marriage is not valid (so annulment proceedings are required and not divorce)
Does this give too much power to the person who wants a divorce?
To balance this shift towards one person alone being able to get the divorce, the new legislation introduces a mandatory 20-week cooldown period which is in essence a period of reflection. This runs from when the application is submitted to the Court, to the Conditional Order (previously called ‘Decree Nisi’) which is the document that establishes that the divorce can go ahead. Once the Conditional Order stage of the divorce has been reached, the couple can submit their Consent Order to deal with their financial claims relating to the marriage. The Consent Order is submitted to the Court for approval and sealing. Once you have the Conditional Order, the applicant(s) will then have to wait a further six weeks and one day before applying for the Final Order (previously called ‘Decree Absolute’). It is important to consider when is best to apply for your Final Order depending on your financial circumstances.
Is no-fault divorce a good thing?
Most family solicitors believed the laws surrounding divorce should be changed, to allow couples to separate without having to apportion blame to each other and without having to wait at least two years before they could divorce. Divorce is difficult enough without either party being blamed for causing the end of a relationship, particularly when couples have simply grown apart. The requirement (which had been the case before the new law took effect) to assign blame made it challenging and sometimes caused further animosity making it less likely they would reach an amicable agreement.
At Tees, the family law team is pleased with this new legislation because it will help people to deal with this difficult period without the added strain of apportioning blame. It will allow people to concentrate on being able to resolve matters in relation to finances and children, without adding upsetting reasons in the divorce application, that in most cases ultimately have no impact on the outcome of any future financial settlement.
In addition, there is a consensus among family law professionals that the end of the archaic legal language of ‘Decree Nisi/Absolute’ and ‘Petition/Petitioner’ is very much welcomed and makes the process much more user friendly. The no-fault divorce system seems to have bedded in well and is working to get couples divorced through a more straightforward process.
How Tees Law supports clients
Our family team is here to support you and ensure:
- A clear understanding of your legal rights and obligations
- Efficient, stress-reducing management of your case
- Legally robust agreements for finances and child arrangements
- Effective guidance and support to navigate the family law processes
Key takeaways for clients
- No-fault divorce simplifies the divorce process but does not remove legal complexity.
- DIY applications are common, but risks remain without expert guidance.
- Engaging a family law solicitor helps protects your future interests, ensures fairness, and provides peace of mind.
