No Fault Divorce: a step-by-step guide
If you are considering a divorce, it is normal to feel overwhelmed and unsure where to begin. The legal process can often sound complicated and confusing, but since April 2022, it has become easier.
Couples can now apply for a no-fault divorce. This means that spouses do not need to blame each other for the breakdown of the marriage. Instead, the application simply confirms that the marriage has irretrievably broken down.
This change aims to make the process less stressful and confrontational, which can allow you to focus on practical matters such as finances, property and arrangements for children.
What is a no-fault Divorce?
Under the previous system, couples often had to rely on a reason to apply for the divorce. This included adultery or unreasonable behaviour. The no-fault system removes this requirement. Now, you can simply confirm that the marriage has broken down and that you wish to divorce.
With a no-fault divorce:
- You simply confirm that the marriage has broken down irretrievably;
- There is no need to blame your spouse;
- You can either apply alone or jointly as a couple.
This approach aims to help reduce tension and allows you both to focus on moving forward.
How the Divorce Process works – step by step:
Although the process is now simpler, there are still a few stages involved. Understanding what happens at each stage can help make things feel a little less overwhelming.
Step 1: Applying for the Divorce
The first step is submitting a divorce application to the Court.
This can be done in one of two ways:
- A sole application – where one spouse applies for the divorce
- A joint application – where both spouses apply together
This application confirms that the marriage has irretrievably broken down and includes basic details about the parties and the marriage. Most applications are now made online and will require a copy of the marriage certificate. There is a fee payable on issuing the application (currently £612) unless you qualify for an exemption due to your financial circumstances which, the court will assess.
Once the Court has received your application, it will be checked and, once issued the Applicant will receive confirmation of issue by the Court together with the case number.
Step 2: The other spouse is notified
If one spouse has made a sole application (known as the Applicant), the Court will send the divorce paperwork to the other spouse (known as the Respondent).
They will then be asked to complete a form called an Acknowledgement of Service, within 14 days. Under the no-fault system, the other spouse can not usually contest the divorce, as they must now show a legal reason to dispute it, which helps avoid unnecessary delays and confrontation.
If the divorce is a joint application, both parties are already involved in the process from the beginning so this step is skipped.
If an application starts as a joint application but your spouse is no longer engaging, the application can then be changed to a sole application at the Conditional Order or Final Order Stage (subject to necessary timeframes having passed.)
Step 3: The 20-week Reflection Period
Once the application has been issued by the Court, the 20-week reflection period begins.
This is a pause in the process which gives both individuals time to reflect on the separation and allows time for you to start thinking about the practical arrangements. It can also help prevent impulsive decisions.
During this time, you may start discussing things such as:
- Financial arrangements;
- What will happen to the family home;
- Living arrangements for children and;
- How day-to-day life will work going forward including childcare plans.
Although the waiting period can sometimes feel frustrating, it allows both individuals time to work through these important issues in a productive and amicable way.
Step 4: The Conditional Order (formerly Decree Nisi)
After the 20-week period has passed, the next step is to apply for the Conditional Order.
The Conditional Order is the Court’s confirmation that it sees no legal reason why the divorce cannot proceed. At this stage, the Court reviews the application and ensures all the necessary requirements have been met. Once this has been completed, the Court will grant the Conditional Order.
However, it is important to note that the marriage has not legally ended at this point.
Step 5: The Final Order (formerly Decree Absolute)
Six weeks and one day after the Conditional Order has been granted, the final stage becomes available.
At the point, the applicant (or both spouses in a joint application) can apply for the Final Order.
When the Final Order is granted:
- The marriage is legally ended;
- The divorce process is complete and;
- Both individuals can remarry if this wish from this point.
However, before applying for the Final Order it is important to ensure that financial matters have been properly resolved to avoid any prejudice to you in respect of outstanding financial claims. It is not unusual therefore for this application to be delayed to allow financial matters to be finalised first.
What about Finances and Children?
The important thing to remember is that the divorce itself does not automatically deal with finances or arrangements for children.
These matters are dealt with separately and can include:
- Dealing with property and savings;
- Pension arrangements;
- Spousal maintenance and;
- Child arrangements and support which can be formalised through a Child Arrangements Order if needed.
Many couples formalise financial agreements through a financial Consent Order, which is approved by the Court and makes the agreement legally binding.
Arrangements for the children can simply be agreed between the parties ad this is actively encouraged by the Court. In absence of agreement, assistance can be found via mediation or through solicitors and, if necessary a court application can be made.
Taking advice on these issues early on the process is recommended to avoid delay and to ensure that everything has been properly considered and any agreement is fair.
What is a Financial Consent Order?
A Financial Consent Order is a legal agreement that records how money and property will be shared after a divorce. It can cover things such as splitting savings, property, debts or arranging support for a spouse or even children. However, a Judge cannot approve a Consent Order until the divorce has reached the Conditional Order stage.
Usually, both spouses will reach an agreement, this can be with the help of solicitors or mediators if necessary. Once they agree, they will submit a Consent Order to a Court where a Judge will review it to ensure it is fair. This is a paperwork application; neither party needs to attend at court unless the Judge raises any concern about the agreement.
This whole process can take a few weeks to a few months, depending on how quickly the parties can reach an agreement and how long the Court take to approve the proposed Order.
Starting the process early can ensure that any disputes or delays are resolved sooner rather than later, which give both spouses clarity about finances going forward.
If an agreement has not been reached during the 20-week reflection period, the application for the Final Order can be delayed.
How we can help
At Straw & Pearce, we understand that separating from your spouse is a big step, even with the simpler process, but having the right support can make a difference.
Our private family law team which is led by Jennifer Ellis, Director and Head of the Department and supported by Pramila Meghani, Solicitor alongside Grace Franks, a Trainee Solicitor understand that every situation is different.
We aim to provide clear advice in a friendly and approachable way and guide you through the process every step of the way, at your own pace.
We even offer an hours fixed fee appointment so you can receive some initial advice and see if we are the right firm for you. We are also a legal aid provider and if you are eligible for funding, we will assist you under the legal help and legal aid schemes as appropriate.
If you have any questions or need some advice, please contact our Family Department on 01509 268931 or email info@strawandpearce.co.uk
