The Divorce, Dissolution and Separation Bill came into law in April 2022. It has fundamentally transformed the legal process for ending a marriage or civil partnership in England and Wales.
The act introduced the concept of a ‘no-fault divorce’, removing the requirement for one spouse to provide evidence of conduct or separation.
To start the process, one or both parties simply needs to provide a statement that the marriage has irretrievably broken down.
Below, our specialist family lawyers have explained the key aspects to the process so you know precisely what to expect from a no-fault divorce.
What is a no-fault divorce?
No-fault divorce is the legal process of ending a marriage or civil partnership without the need to assign blame or prove ‘wrongdoing’.
This system was established by the Divorce, Dissolution and Separation Bill, which received Royal Assent in June 2020 and came into force in England and Wales in April 2022.
Rather than requiring couples to apportion blame for the breakdown of a relationship, no-fault divorce means that only the following must be true:
- Your marriage is legally recognised in the UK
- You have been married for at least one year
- Your relationship has broken down permanently
No-fault divorce applications can be made solely or jointly.
Why was no-fault divorce introduced?
For decades, legal experts and families argued that divorce legislation in England and Wales was outdated and unnecessarily adversarial.
Unless a couple had lived apart for at least two years, it required one partner to prove irretrievable breakfast by citing of these ‘facts’:
- Adultery: A spouse having sexual intercourse with someone of the opposite sex who is not their husband or wife.
- Unreasonable behaviour: Covered a broad range of conduct, from coercive control and domestic violence to more subjective issues.
- Desertion: Where one spouse left the other without consent or reasonable cause for a period of at least two years.
- Two years’ separation with consent: Required both parties to have lived separate lives for at least two years and to formally agree to divorce.
- Five years’ separation without consent: Allowed for one party to issue proceedings after five years of living apart, even if the other party did not agree.
By necessitating a ‘blame game’, this older system often triggered negativity and made it harder for families to reach agreements around finances and children.
The introduction of no-fault divorce has largely abolished the ability to contest a divorce, reducing conflict and promoting a more conciliatory approach.
No-fault divorce also replaced complex ‘petitions’ with a more straightforward process, clearing the path to resolution of issues.
How long does a no-fault divorce take?
No-fault divorce takes a minimum of six months. The process is designed to allow for a ‘period of reflection’ to ensure the decision is carefully considered.
This consists of:
- Reflection period: After the initial application, this involves a 140-day wait (20 weeks or 4.6 months) before you can apply for a Conditional Order.
- Final wait: Once the Conditional Order is granted, there is a 43-day wait (6 weeks and 1 day or 1.4 months) until you can apply for the final order to finalise the legal end of the marriage.
Whilst no faster than the old system in terms of court processing, in practice no-fault divorce can be much quicker. Couples are no longer required to wait for two or five years of separation in order to avoid the ‘blame game’.
With no-fault divorce, couples can begin the process as soon as they consider their marriage to have broken down.
How much does a no-fault divorce cost?
The standard court application fee to apply for a divorce or dissolution is £612. This mandatory government charge is payable at the time of application.
This divorce fee only covers the legal ending of the marriage, not financial matters. If you require a financial settlement to finalise how assets and pensions are divided, obtaining a Consent Order incurs a £60 court fee.
If you require the court to intervene on child arrangements, a Child Arrangements Order will incur a £263 court fee.
If you choose to instruct a solicitor to manage the application on your behalf, there will be legal fees to consider. However, even in the context of no-fault divorce, legal advice plays an important role in ensuring that the wider financial and practical implications are properly understood and addressed.
A solicitor provides guidance and structure throughout the process, helping you make informed decisions and work towards an outcome that is fair, sustainable and aligned with your long-term interests – something a ‘do-it-yourself’ approach can unintentionally overlook, particularly where more complex financial arrangements are involved.
At Harrogate Family Law, we explain our fees upfront so you always know where you stand.
Do I need a solicitor for a no-fault divorce?
It is possible to start a divorce application yourself and ‘DIY’ the entire process. However, doing so can come with considerable risk.
This is because the legal process of divorce does not automatically resolve financial matters and does not end your spouse’s ability to make future claims against your assets.
A family lawyer can help you draft a financial settlement that protects your long-term financial interests. This outlines the division of assets (including property and possessions), savings, pensions and maintenance. It also includes a ‘clean break’ clause to prevent future financial claims.
Informal private financial arrangements may result in one party being reluctant to disclose assets, or hiding them completely – without oversight from a solicitor, a DIY financial arrangement could be deemed unfair by a judge.
There is also the issue of disagreement over child arrangements. A specialist family lawyer can guide the process to ensure the best interests of children are prioritised.
If no amicable agreement can be reached, a solicitor will be able to help you secure a Child Arrangements Order. This gives a court-backed structure for your family’s future.
Contact Harrogate Family Law for advice on no-fault divorce
Divorcing is never easy. But with the introduction of no-fault divorce, the process now relies on the judgment of the separating couple – who, after all, know best whether their marriage has broken down.
If you and your partner have naturally drifted apart and divorce is inevitable, we can help you take steps towards processing a no-fault divorce and avoiding any unnecessary upset and distress.
Rated ‘Excellent’ by our clients, we are a ‘considerable force in family law within Yorkshire’ according to testimonials in Legal 500.
Trust our highly-ranked team to help you find a mutually agreeable settlement in a timely fashion with minimal emotional distress.
Whilst we’re based in Harrogate, we can work with you wherever you’re based across England and Wales.
Contact us today to arrange a consultation. This can happen remotely or at our welcoming central Harrogate office – whatever is most comfortable and convenient for you.
With a leading team of solicitors, we focus on delivering an exceptional client service through the hardest of times.
