No fault divorce in the UK - the ultimate guide
Until recently, the court only granted divorces based on specific grounds, often requiring one party to prove fault. Unreasonable behaviour was the leading cause of divorce in the United Kingdom, making up nearly 50% of all cases.
However, with the introduction of a no fault, or no blame, divorce, a new era has begun in the UK legal system. Couples can now end their marriage or civil partnership without blaming each other for the relationship's breakdown.
Difference between fault and no fault divorce
To better understand no fault divorce, it's essential first to comprehend the UK's previous divorce system.
Until recently, all divorces in the UK were fault-based. This meant that one party had to establish that their spouse was at fault for the marriage breakdown. The most common grounds for fault-based divorce included:
- Unreasonable behaviour
- Separation for a specific period
- Adultery
- Desertion
Proving fault could take a lot of time and energy, leading to conflict and hard feelings between the involved parties.
Grounds for divorce uk
In a fault-based divorce, the spouse seeking a divorce had to provide evidence of the other party's fault. Adultery, for instance, required proof of the affair, such as photographs, text messages, or witness statements.
Unreasonable behaviour involved demonstrating that the other party had behaved in a manner that made living together unbearable. And to prove desertion, you had to show that the other spouse left without permission for at least two years.
The drawbacks of fault-based divorce
Fault-based divorce had several drawbacks that led to its review in the UK. Firstly, it often created a hostile environment, with both parties trying to prove each other's faults. This hostility could worsen the emotional strain of ending a marriage and make it difficult to co-parent effectively.
Secondly, fault-based divorce often prolonged the process, increasing legal costs and causing unnecessary delays.
Lastly, fault-based divorce focused on assigning blame rather than addressing the needs and well-being of the parties involved.
What is a no fault divorce
On 6th April 2022, England and Wales implemented a no fault divorce system. This new law eliminates the need for one party to prove fault to obtain a divorce.
Under a no fault divorce system, couples can simply state that their marriage has irretrievably broken down. This approach recognises divorce as a personal decision and emphasises practical aspects of ending a marriage over past grievances.
The new law also eliminates the chance for one spouse to challenge the divorce. This prevents situations where the other spouse might have to endure years of waiting for an uncontested divorce.
The language we use for aspects of divorce has also changed:
- We now refer to a divorce petition as an 'application'.
- We now refer to a petitioner as an 'applicant'.
- We now refer to the decree nisi as a 'conditional order'.
- We now refer to the decree absolute as a ‘final order’.
The history of no fault divorce in the UK
The journey towards implementing no fault divorce in the UK has been a long one. The Family Law Act proposed the introduction of no-fault divorce in 1996. However, there was significant opposition, which prevented its full implementation.
It wasn't until 2020 that the Divorce, Dissolution, and Separation Act received Royal Assent. This paved the way for introducing no-fault divorce in the UK.
Pros and cons of no fault divorce
No fault divorce offers a number of advantages over the traditional fault-based system:
- Reduced Conflict:
No-fault divorce reduces conflict by not requiring evidence or statements about bad behaviour. Parties need only produce a statement of irretrievable breakdown. This promotes amicable divorce and positive co-parenting. No blame or fault means less chance of disputes and tensions.
- Reduced Costs:
No-fault divorce is cheaper since it requires less solicitor communication. It needs limited personal and marriage details and is harder to contest. Now, solicitors base legal defences on technicalities, which makes the process less contentious and more efficient.
- Increased Speed:
No-fault divorce can be faster than fault-based divorce because it skips the need to prove wrongdoing or blame. This streamlines the process, allowing couples to address practical matters like asset division and child arrangements more promptly.
- Joint Applications:
Now, individuals can either file an application for divorce jointly or as a sole applicant. If both parties agree, they can opt for a joint application. If not, one spouse can submit a sole application. Joint applications allow for a more amicable separation.
- No Contest:
No fault divorce has removed the option for contesting a divorce, dissolution or separation. This means that no one will have to worry about their partner contesting the divorce or dissolution and forcing them to go to court. This will save considerable time, cost and stress.
- Increased Privacy:
No-fault divorce offers increased privacy, as couples can keep the details of their divorce private. The previous system often required exposing personal and sensitive details to scrutiny in court. This privacy helps protect individuals' dignity and personal lives from unnecessary exposure.
- Protection for Victims of Domestic Abuse:
No-fault divorce helps victims of domestic abuse by making the process less hostile and more efficient. Previously, individuals had to provide a statement outlining their spouse's unreasonable behaviour. This forced them to confront their trauma and potentially face revenge.
- Time to Reflect:
No-fault divorce requires a longer waiting period, giving couples more time to consider their options and potentially reconcile. This may be helpful for couples who are unsure about ending their marriage.
Problems with no fault divorce
- Lack of Accountability:
No-fault divorce removes accountability. It can be challenging for individuals to find closure or feel that someone has acknowledged their grievances.
- Limited Legal Remedies:
No fault divorce laws have limited the legal options available to courts to prevent a divorce. Defences in divorce cases now challenge legal technicalities rather than the application's content. This makes the process of divorce more straightforward, but it also means there are fewer opportunities to oppose the divorce if they wish to.
No fault divorce application
To secure a no fault divorce in the UK, there are several steps to follow:
- File an application: You need to submit a divorce petition to the court. This statement declares that the marriage has irretrievably broken down. You can apply on your own (sole application) or with your spouse (joint application).
- The court ‘issues’ the divorce: This legal formality officially starts divorce proceedings.
- Service of the application: This step only applies to sole applications. The court will send the 'Respondent', who is the other spouse, a copy of the application.
- Acknowledgement of Service: Again, this step only applies to sole applications. The Respondent must confirm receipt of the application via an Acknowledgement of Service form within 14 days.
- Make Arrangements: During this time period, couples should make arrangements to divide their finances, including maintenance payments (if necessary). And agree on child residence/contact, and an ongoing parenting plan.
- Conditional Order: After the court issues the divorce, the applicant must wait for a minimum of 20 weeks. After this time they can apply for a conditional order (previously known as a decree nisi). The conditional order is a document that states that the court finds no reason for the divorce not to proceed.
- Final Order: After another 6 weeks, the applicant can request a final order (previously called a decree absolute). This is the legal document that officially ends the marriage. Before applying for the final order, it's crucial to settle the financial and child custody arrangements.
No fault divorce timeline
A no fault divorce will take a minimum of 26 weeks to complete. On average, the whole process takes around 7 – 10 months. The completion time varies based on complexity and cooperation.
If there are disagreements over financial matters or child custody, the process may well take longer. It's important to stay patient and follow legal advice when necessary to ensure the process goes smoothly and efficiently.
How much does a no fault divorce cost?
The current court fee for a divorce application in England and Wales stands at £593 as of March 2024. In addition, there are solicitors' fees to consider. At Zeus we offer a free initial consultation with our expert team of family law solicitors. Schedule yours today to discuss our fees and receive tailored advice to guide you through your divorce journey.
Do I need a solicitor for no fault divorce?
Divorce carries significant legal and practical consequences, impacting tax status and pension entitlements. Navigating a no fault divorce in the UK can be an incredibly complex process, making professional legal advice crucial.
Solicitors play a vital role in safeguarding your rights and interests throughout the process. They offer guidance on financial entitlements and negotiate settlement terms. They provide valuable counsel on child custody matters and represent clients in court if needed. Additionally, solicitors manage paperwork thoroughly, ensuring timely submission to the court and averting potential complications.
No fault divorce financial settlement
While a no-fault divorce simplifies the process, asset division and child arrangements remain the same. To resolve financial and child-related issues, parties can use various methods. These include negotiation, mediation, court proceedings, arbitration, collaborative law, or a combination.
The court still requires that both parties fully disclose their financial assets, which include properties, savings and pensions. In both traditional and no fault divorces, achieving a fair division of assets is crucial. Although the initial split may begin at 50/50, adjustments can ensure financial equality for both parties.
When considering the division of assets in a divorce, courts take into account several factors. These include the duration of the marriage, the contributions made by each party, and the needs of any children involved.
Making your financial arrangements official through a court order is crucial. This applies even if you and your partner have already agreed on the terms of financial division. If you fail to do so, the financial claims will remain open. This leaves you at risk of a financial claim in the future, even after the completion of the divorce proceedings.
Clean break order
A clean break order is a legal document which ensures a financial settlement is final. It provides clarity and certainty and prevents any future claims on each other's assets or income. And is a valuable tool to achieve financial independence and closure after a divorce.
In conclusion
The introduction of no fault divorce marks a significant shift towards a less combative process for ending marriages. However, divorce remains a challenging experience, and seeking legal support is crucial to navigating it successfully.
At Zeus, we offer a free initial consultation to provide you with tailored advice and assistance. Schedule your complimentary consultation today to talk to one of our team. We are here to help you navigate your divorce with confidence and peace of mind.
