Major Change in Divorce Law: No-Fault Divorce Now in Effect.

No-Fault Divorce in England and Wales

The Divorce, Dissolution and Separation Act 2020 came fully into force on 6 April 2022, introducing no-fault divorce in England and Wales.

A husband, wife or couple applying jointly no longer has to rely on adultery, unreasonable behaviour, desertion or a period of separation. Instead, the applicant or applicants provide a statement confirming that the marriage has broken down irretrievably.

The court must treat that statement as conclusive evidence that the marriage has irretrievably broken down. It is therefore no longer necessary to prove fault or persuade the court that one spouse was responsible for the end of the marriage.

Who Can Apply for a Divorce?

A person can normally apply for a divorce in England and Wales where:

• the marriage has lasted for at least one year;


• the marriage is legally recognised in the UK;


• the relationship has permanently broken down; and


• the courts of England and Wales have jurisdiction.

Separate procedures apply to the dissolution of a civil partnership, although the no-fault principles are broadly similar.

Sole and Joint Divorce Applications

An application can be made:

• solely by one spouse; or


• jointly by both spouses.

A joint application may be suitable where both parties agree that the marriage should end and can cooperate with the court process.

A joint application does not require the parties to agree about finances, property, pensions or children. Those matters are dealt with separately.

A joint application can also continue as a sole application if one party no longer wishes to participate at a later stage.

Can a Divorce Be Contested?

A spouse cannot normally prevent a divorce merely because they disagree with it, do not accept responsibility for the breakdown or want the marriage to continue.

A divorce may only be disputed on limited legal grounds, such as:

• the validity or existence of the marriage;


• whether the marriage has already legally ended;


• the jurisdiction of the courts of England and Wales;


• fraud or procedural irregularity; or


• another fundamental legal objection to the proceedings.

Disagreement about finances or children is not normally a defence to the divorce itself.

The No-Fault Divorce Process

Starting the Application

The application can normally be made online or by post. The applicant must provide details of the marriage and usually submit the original or an official copy of the marriage certificate.

A court fee is payable unless the applicant qualifies for fee assistance.

Service and Acknowledgment

In a sole application, the court normally sends the papers to the other spouse, who is known as the respondent.

The respondent must usually complete an acknowledgement of service confirming receipt and stating whether the application is disputed on one of the limited grounds available.

If the respondent avoids service or fails to respond, alternative methods of proving or arranging service may be required.

The 20-Week Minimum Period

The applicant or applicants must wait at least 20 weeks from the date the court issues the divorce application before applying for a Conditional Order.

This period is intended to provide time for reflection and for the parties to consider practical arrangements concerning children, housing and finances.

The 20 weeks are a statutory minimum. The process may take longer where there are service problems, court delays, incomplete documents or unresolved legal issues.

Conditional Order

The Conditional Order is the stage at which the court confirms that there is no legal reason why the divorce cannot proceed.

It replaces the former term" Decree Nisi".

The marriage does not legally end when the Conditional Order is made.

Final Order

After the Conditional Order, the applicant must normally wait at least six weeks and one day before applying for the Final Order.

The Final Order replaces the former "Decree Absolute" and legally ends the marriage.

A sole applicant can apply for the Final Order even where the divorce began as a joint application.

How Long Does a No-Fault Divorce Take?

The statutory waiting periods mean that a straightforward divorce will take at least approximately seven months from the issue of the application to the Final Order.

It may take longer where:

• the respondent cannot be located or served;


• documents are incomplete;


• the marriage certificate requires translation or correction;


• jurisdiction is disputed;


• one applicant in a joint application stops cooperating;


• the court requires further information; or


• the parties delay making the next application.

Divorce and Financial Arrangements

The divorce process does not automatically divide money, property, savings, pensions, investments, businesses or debts.

Financial claims between former spouses may remain open after the Final Order unless dismissed or resolved by a binding court order.

Financial arrangements may include:

• the family home;


• other property;


• savings and investments;


• business interests;


• pensions;


• debts;


• spousal maintenance;


• lump-sum payments; and


• financial provision for children.

Where an agreement is reached, it should normally be recorded in a consent order approved by the court. An informal agreement between the parties may not provide a final or enforceable financial settlement.

It may be sensible to resolve or make substantial progress with finances before applying for the Final Order, particularly where pensions, inheritance rights, trusts or death-in-service benefits are involved.

Divorce and Children

A divorce does not automatically determine:

• where children will live;


• how much time they will spend with each parent;


• parental responsibility;


• schooling;


• medical decisions;


• holidays or relocation; or


• child maintenance.

Parents are encouraged to agree on arrangements where this is safe and possible.

Family mediation may help where agreement cannot be reached. A court application may be necessary where there is a serious dispute, domestic abuse, a safeguarding concern or a risk that a child will be removed.

Does No-Fault Divorce Mean Conduct Is Irrelevant?

No-fault divorce removes the need to prove blame to end the marriage. It does not mean that conduct is irrelevant in every family law matter.

Domestic abuse, coercive control, financial misconduct or behaviour affecting a child may still be relevant to:

• protective injunctions;


• child arrangements;


• safeguarding decisions;


• occupation of the family home;


• legal aid eligibility; and


• financial proceedings in exceptional circumstances.

However, ordinary marital misconduct does not usually determine how assets are divided.

Why No-Fault Divorce Was Introduced

The previous system often required one spouse to make allegations about the other unless the couple had lived apart for a specified period.

This could increase hostility at a time when the parties also needed to make decisions about children, housing and finances.

The reforms were intended to:

• remove unnecessary allegations of blame;


• reduce conflict;


• allow joint applications;


• prevent one spouse from contesting the divorce to preserve the marriage;


• modernise the language used by the court; and


• encourage a more constructive approach to separation.

When to Obtain Legal Advice

Legal advice may be particularly important where:

• there are property, savings or pensions to divide;


• one spouse owns a business;


• there are assets outside England and Wales;


• the parties have substantial debts;


• one spouse is financially dependent on the other;


• there is domestic abuse or coercive control;


• there is disagreement about children;


• the other spouse cannot be located;


• the validity of the marriage is uncertain;


• there is a pre-nuptial or post-nuptial agreement; or


• another country may have jurisdiction.

How a Divorce Solicitor Can Help

A family law solicitor may assist with:

• sole or joint divorce applications;


• service of divorce documents;


• jurisdiction disputes;


• Conditional and Final Order applications;


• financial disclosure;


• negotiating financial settlements;


• consent orders and clean-break orders;


• pension sharing;


• property transfers or sales;


• spousal maintenance;


• child arrangements;


• domestic abuse protection; and


• international divorce issues.

Finding a Divorce Solicitor

No-fault divorce allows a marriage to be ended without proving adultery, behaviour or separation. However, the divorce application itself does not resolve financial matters or child arrangements.

Use the search facility at the top of this page to find a divorce and family law solicitor who can advise on the divorce process and any related financial or child arrangements.

Disclaimer

Solicitors.com is not a firm of solicitors. The information on this website is general guidance and does not constitute legal advice or create a solicitor-client relationship. Laws, procedures and court fees can change, and advice should be obtained from a regulated solicitor about individual circumstances.

Page Feedback

If you believe that information on this page is incorrect, incomplete or out of date, please get in touch with Solicitors.com with the details of the proposed amendment.