No Fault Divorce

No Fault Divorce

If your marriage has come to an end, the no-fault divorce process allows you to apply for a divorce without having to blame your spouse or provide evidence about why the relationship has broken down.

Our no fault divorce solicitors can guide you through the process from beginning to end, explaining what you need to do and helping you deal with any other issues arising from your separation.

Whether you are thinking about applying for a divorce, have received an application from your spouse or simply want to understand your options, getting legal advice can help you decide on the next steps.

What Is No Fault Divorce?

No fault divorce was introduced in England and Wales in April 2022. It removed the previous requirement for one spouse to rely on reasons such as unreasonable behaviour, adultery or a period of separation to obtain a divorce.

Instead, one or both spouses make a statement that the marriage has irretrievably broken down.

The changes were intended to make the process less confrontational by removing the need for couples to assign blame for the end of their marriage.

No fault divorce also introduced some other important changes to the process, including:

• Couples can make a divorce application individually or jointly.
• A spouse can no longer contest a divorce simply because they do not want the marriage to end.
• Some of the terminology used during the divorce process has changed.
• Minimum waiting periods apply before the divorce can progress to certain stages.

Although the process itself has become more straightforward, it is still important to consider the wider implications of ending your marriage, particularly your finances and arrangements for any children.

How Does the No Fault Divorce Process Work?

A divorce application can be made by one spouse as a sole applicant or by both spouses together as joint applicants.

The application confirms that the marriage has irretrievably broken down. There is no need to provide details about the reasons for the breakdown of the relationship.

There are then several stages before the marriage is legally brought to an end.

Divorce Application

The application is submitted to the court, either by one spouse or jointly.

Conditional Order

There is a minimum waiting period of 20 weeks from the start of the proceedings before an application can be made for a Conditional Order.

The Conditional Order confirms that the court sees no reason why the divorce cannot proceed.

Final Order

Once the Conditional Order has been made, there is a further minimum waiting period of six weeks and one day before an application can usually be made for the Final Order.

The Final Order legally ends the marriage.

These waiting periods mean that even a straightforward no fault divorce will take several months to complete.

Do I Need a Solicitor for a No Fault Divorce?

It is possible to apply for a divorce yourself, but the divorce application is only one part of ending a marriage.

Taking legal advice can help you understand the implications of the decisions you make during the process and ensure that other important matters are not overlooked.

Our Divorce and Separation solicitors can advise on the divorce process itself as well as any related legal issues that may need to be considered.

This can be particularly useful if you are unsure about making a sole or joint application, your spouse is not engaging with the process, there are financial matters to resolve or you need advice about arrangements for your children.

What Happens to Our Finances?

Getting divorced does not automatically bring the financial claims between you and your former spouse to an end.

This is an important distinction. Receiving your Final Order ends your marriage, but it does not necessarily resolve matters relating to property, savings, pensions, income or other assets.

Our Financial Matters solicitors can advise you on reaching and formalising a financial settlement, including how finances are divided on divorce.

Depending on your circumstances, you may also need specialist advice about matters such as pensions or business assets.

It is often sensible to consider the timing of your financial settlement alongside the divorce itself rather than treating the two processes as entirely separate matters.

What About Arrangements for Our Children?

A divorce does not automatically determine where your children will live or how much time they will spend with each parent.

Many separating parents are able to agree arrangements between themselves. Where this is difficult, there are different ways of trying to reach an agreement without immediately going to court.

Our Child Law team can advise if you need help with arrangements for your children following separation.

Can My Spouse Contest a No Fault Divorce?

With no fault divorce, one spouse cannot stop the divorce simply because they do not want the marriage to end.

There are limited circumstances in which a divorce application may be disputed, such as issues concerning the validity of the marriage or whether the courts of England and Wales have jurisdiction.

If you have received a divorce application and are unsure about your position, getting legal advice can help you understand what the application means and how you should respond.

Sole or Joint Divorce Application?

Under the no fault divorce system, couples have the option of applying individually or making a joint application.

A joint application may be suitable where both parties agree that the marriage has ended and are comfortable progressing with the application together.

However, it will not be the right approach in every situation. The relationship between you, your ability to cooperate and your individual circumstances may all influence which route is more appropriate.

Our solicitors can explain the difference between sole and joint applications and help you decide how to proceed.

Other Things to Consider When Getting Divorced

Ending the legal marriage is often only one part of a separation.

You may need to consider your finances, your home, arrangements for children or other agreements between you and your former spouse. In some circumstances, you may also need advice about your Will or other personal legal matters following divorce.

Our family law services cover these interconnected issues, allowing you to get advice based on your overall circumstances rather than looking at the divorce application in isolation.

Clear, Practical Advice Throughout Your Divorce

Our divorce solicitors advise clients across Lincolnshire and East Yorkshire. We provide clear, practical advice throughout the divorce process and can also help you identify any related matters that may need to be addressed before you move forward.

If you are considering divorce, have received a divorce application or need advice about the no fault divorce process, speak to our family law team.

Contact us today on 0800 987 8800 or email enquiries@bmcf.co.uk and find out how we can help.