Family Law Insights: No-Fault Divorce

Amelia Bunce, Trainee Solicitor

Amelia works primarily with John Randle in the family team, dealing with all aspects of family law, specialising in high-net-worth divorces.

Introduced on 6 April 2022, no-fault divorce allows parties to get divorced by self-certifying that the marriage has broken down irretrievably. There is no need to prove any bad behaviour from the other party. This change streamlined the divorce process, causing less stress for divorcing couples. These changes also apply to civil partnerships. 

The law before no-fault divorce 

Before the recent changes to the law, parties intending to divorce their spouse had to prove one of the five grounds for divorce. These were adultery, unreasonable behaviour, desertion, two years separation with consent, or five years separation without consent.

The new system 

You can now get a divorce if the following are true: 

• You have been married for over a year
• Your marriage or civil partnership is legally recognised in the UK
• Your relationship has permanently and irretrievably broken down 

The final requirement, that the relationship has permanently and irretrievably broken down, is a self-certified test. So, if the party who is applying for the divorce genuinely believes that the marriage has broken down beyond the point of repair, this requirement will be fulfilled.

The new system also largely removes the possible of contesting the divorce. Under the old system, you could contest one of the grounds for divorce (for example, contesting adultery). Now, under the no-fault divorce system, the only way to contest the divorce is to argue that the marriage is not legally recognised in the UK, or that it would be more appropriate to apply for divorce in a different jurisdiction.

Finally, couples are now permitted to file jointly for divorce. This means that divorcing parties can jointly apply for the divorce, share the court fee and have joint control of the divorce. This is particularly helpful in amicable divorces where the couple may want to avoid unnecessary disagreements or potential disputes arising.

The divorce process 

These changes have simplified the divorce process, and couples can generally expect to follow the steps below:

• Either one party or both parties jointly (the applicant) will submit an online application for divorce. 
• The other party (the respondent) will be served with divorce papers, and must acknowledge service (or notice to contest the divorce in limited circumstances) to the court within 14 days of receipt.
• After 20 weeks from the date of the divorce application, the applicant can apply for a Conditional Order (formerly Decree Nisi) confirming their intention to continue with the divorce.
• The Conditional Order will be pronounced by the court. 
• Six weeks and one day after the Conditional Order is pronounced, you can apply for a Final Order (formerly Decree Absolute) finalising the divorce.

Don’t forget about the finances!

It is important to bear in mind that you must come to an arrangement over your finances separately to the divorce itself. Financial proceedings are typical more complex as they deal with the split of assets that may have been held in a common pool, and which are in any case likely to be considered joint marital property.

The 20-week gap between the divorce application and the Conditional Order intentionally gives divorcing couples time to negotiate the split of their assets before the divorce enters its final stages. If negotiations take longer than this, the parties can continue to negotiate, or attend court proceedings in cases where these negotiations are not successful. It is not advisable to apply for the Final Order until you have obtained a final financial order.

For more information about financial proceedings, visit our Financial Cases and Division of Assets page.