What is no-fault divorce?

What is no-fault divorce?

No- Fault divorce means the couple agree amicably to the divorce and make a joint application to court.

• The recent changes in 2020 removes unnecessary conflict to ease the stress on couples and children
• New minimum wait of 20 weeks between application and conditional order of divorce
• Part of wider action to improve the family Justice system in England and Wales

The Divorce, Dissolution and Separation Act (2020), represents the biggest shake up in divorce law for more than half a century. It ends completely the need for separating couples to apportion blame for the breakdown of their marriage, helping them to instead focus on key practical decisions involving children or their finances and look to the future.

Previously, one spouse was forced to make accusations about the other’s conduct, such as ‘unreasonable behaviour’ or adultery, or face years of separation before a divorce could be granted. This was regardless of whether a couple had made a mutual decision to separate.

The changes mean that a spouse, or a couple jointly, can now apply for divorce by stating their marriage has broken down irretrievably. It removes unnecessary finger-pointing and acrimony at a time where emotions are already running high, and spares children from witnessing their parent’s mudslinging.

Importantly, it stops one partner from vindictively contesting a divorce and locking their spouse into an unhappy marriage. In some cases, domestic abusers can use their ability to challenge the process to further harm their victims or to trap them in the relationship. The reforms will put an end to this behaviour.

The Act also introduces a new minimum timeframe of 20 weeks between the start of proceedings and when individuals may apply for a conditional order of divorce. This will offer time to reflect, and potentially turn back, or where reconciliation is not possible to agree important arrangements for the future – such as those involving children, finance and property.

How long does the divorce process usually take?

A divorce or dissolution will take at least 6 months to complete, even if your circumstances are straightforward. It might take longer if you need to sort out issues with money, property or children.

What is the role of a family law solicitor in divorce proceedings?

A Family Law solicitor can advise you of your rights in this situation and help resolve property disputes which might arise. If there are children the Family Law solicitor can also advise about the appropriate financial provision which should be made for the children.