A Guide to No-Fault Divorce
A guide on all you need to know about no-fault divorce
In this guide, our divorce solicitors answer your questions about how to get a no-fault divorce.
For specialist family law advice, call Evolve Family Law or complete our online enquiry form.
What is no-fault divorce?
No-fault divorce refers to the divorce process. It is called no fault because fault has been removed from divorce court proceedings. This means you no longer start divorce proceedings based on adultery or unreasonable behaviour. Instead, divorce proceedings are started because the marriage has broken down.
Grounds for a no-fault divorce
To apply for a no-fault divorce, you need to file a divorce application and state that your marriage has irretrievably broken down. You do not need to say why the marriage is at an end. You also don’t need to have been separated for a specified period. As the grounds for divorce are simplified, it is no longer possible to contest or oppose a divorce other than in very unusual circumstances.
Who can apply for a no-fault divorce?
In no-fault divorce proceedings, there are three options:
- You and your spouse can apply jointly for a no-fault divorce, or
- You can apply for the divorce on your own, or
- Your husband or wife can make the divorce application.
Whether you apply jointly or individually, the divorce process is similar. If you apply together, you are referred to as Applicant One and Applicant Two. If you submit the application, you will be the applicant, and your spouse will be the respondent.
From a divorce solicitor’s perspective, we would generally prefer you to either make the application jointly or to make the application yourself, so that you are in full or partial control of the divorce process and it does not get stalled if you want to obtain your divorce as quickly as possible.
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The no-fault divorce court process
The no-fault divorce process consists of four steps:
- You apply for a divorce – this could be a joint application or an application made by one of you.
- The applicant confirms they want to go ahead with the divorce.
- The court makes a conditional order – this used to be called the decree nisi of divorce.
- After a wait of six weeks, the applicant can apply for the final order – this used to be called the decree absolute of divorce.
Between steps one and two, there is a twenty-week wait. That period can’t be shortened as it is part of the no-fault divorce law.
How long does a no-fault divorce take?
Divorce solicitors estimate that no-fault divorces will take approximately six months from the start of the divorce application to the final divorce order. However, the timescales may be slightly longer if there are delays between the four stages. For example, because you want extra time to reflect or because you don’t want to progress the divorce proceedings over the Christmas period.
A no-fault divorce is therefore not a quickie divorce, but it does have two advantages:
- There is no need to blame your husband or wife for the marriage breakdown, and so there is no need to negotiate the grounds for the divorce application.
- A no-fault divorce may reduce acrimony and help you reach an agreement on child custody and contact, or the financial settlement.
No-fault divorce, child custody, and contact
In a no-fault divorce, the court is not asked to decide on the future parenting arrangements for your children after your divorce. Ideally, you will be able to agree on the parenting arrangements either directly, through help from family law solicitors, or in family mediation.
If you are unable to reach a childcare agreement, either you or your spouse can make a separate application for a child arrangement order. This order will say if the care of the children is shared and will specify the amount of parenting time the child will spend with each parent.
If you are concerned about child abduction or you want to move overseas with your children after your divorce, then you can apply to the family court for a prohibited steps order or relocation order.
No-fault divorce and financial settlements
In a no-fault divorce, the court is not asked to decide who gets what assets in a financial settlement unless either you or your husband or wife asks the court to do so. If you can reach a financial settlement by agreement, you can jointly ask the court to approve a financial consent order.
If you can’t reach a financial settlement by agreement, either one of you can file a document, called a form A, to start financial proceedings. There is then a series of court hearings to ensure that financial disclosure takes place and assets are valued. Afterwards, a judge holds a final hearing to decide on the financial settlement and issue a financial court order. At any stage in the financial proceedings, you can reach an agreement and ask the court to approve a financial consent order.
The fact that divorce proceedings are based on no fault will not affect the amount you receive as a financial settlement, because if a husband or wife has behaved very badly, you can refer to this in the financial proceedings. However, behaviour must be very extreme to affect a financial settlement, and the behaviour needs to be linked to financial matters.
For example, allegations of domestic violence may be relevant to the financial settlement if the victim of domestic abuse cannot work and needs spousal maintenance for a period of time because of the physical or emotional impact of the domestic violence on their ability to find employment or to return to work.
If you have questions about the no-fault divorce court process or need advice on children or financial settlement issues, the divorce solicitors at Evolve Family Law are here to help.
For specialist family law advice, call Evolve Family Law or complete our online enquiry form.
Frequently Asked Questions on No-fault Divorce
Do you need to say why you want to get divorced?
In no-fault divorce proceedings, you do not need to explain why you want a divorce. The only requirement is that you can state, in your opinion, that the marriage has broken down irretrievably.
Can my spouse oppose my no-fault divorce application?
It is difficult for a spouse to oppose a no-fault divorce application because all the person applying has to state is that they believe the marriage has broken down irretrievably. If your spouse disagrees, this does not give them grounds to oppose your application.
If no-fault divorce proceedings are opposed, it is normally because the court lacks jurisdiction. This could be because one spouse says there are ongoing divorce proceedings in another country, or that the court in England does not have jurisdiction as neither spouse is a British citizen and neither is domiciled or habitually resident in the UK. Jurisdiction is a complex issue. Therefore, it’s best to consult a family law solicitor if jurisdiction is queried.
How long must we be married for to initiate divorce proceedings?
You must have been married for at least 12 months before you can initiate divorce proceedings. If you have been married for less than 12 months, a family law solicitor can help get the paperwork ready so you can file the divorce proceedings on the 12-month anniversary. They can also help you reach a financial agreement on how your assets are split and draft a separation agreement.
How long must we be separated for before we can start divorce proceedings?
There is no minimum period of separation before a husband or wife can apply for a divorce. The only requirement is that you can state that the marriage has irretrievably broken down.
How much does a no-fault divorce cost?
At Evolve Family Law, we offer fixed-fee divorce services for most divorce applications.
If your separation is relatively amicable, our One Lawyer Amicable Divorce Service may help you both file for divorce, obtain an agreed financial consent order and draw up a parenting plan. The service is provided by specially trained family lawyers who can advise and prepare all necessary legal documents to obtain your final order of divorce and financial consent order.
For expert advice, complete our online enquiry form.
