In April 2022, a change in UK divorce laws introduced the no-fault divorce to replace the previous system. This required divorcing couples to provide formal evidence of unwanted or undesirable conduct to back up their intention to part. Now, the divorce process has been simplified with couples now only needing to give a statement confirming that their union has ‘irretrievably broken down’. This will set in motion the UK divorce process that will formally end their marriage or civil partnership.
How is no-fault divorce in the UK different to the previous system?
Under previous divorce laws in England and Wales, parting couples had to follow a lengthier process. They had to prove that the marriage or civil partnership had broken down due to one of the following reasons: adultery, one or both parties behaving in such a way that the other could not reasonably be expected to carry on living with them, separation for two years (with the other person agreeing to the divorce), or for five years (no need to secure the other person’s agreement) or desertion for at least two years.
Now, there is no need to prove any of these reasons. It is enough to provide a statement saying that the marriage has broken down irretrievably. The application can be made jointly, or just by one party seeking the divorce. Additionally, the grounds on which the other person can object to a divorce taking place are more limited in the no-fault divorce UK system. This is aimed at making the process less tumultuous and more straightforward and quicker to finalise. It is, however, not legally possible to get divorced in less than six months.
Changes to terms used in no-fault divorce process in the UK
Along with the changes involved in no-fault divorce UK laws, the formal terms and wordings used during the process have also been updated. This reflects a more modern, flexible approach and hopefully makes the process feel less daunting to achieve. Examples include a change of name for the process itself, moving from ‘divorce petition’ to ‘application’. The ‘petitioner’ is now the ‘applicant’.
The previous stages of ‘Decree Nisi’ and ‘Decree Absolute’ are now referred to as a ‘Conditional Order’ and ‘Final Order’. All of this is to remove the confrontational nature of the divorce process in the UK and to use clearer, straightforward language at every stage that is easier to understand.
Who can (and should) apply for a no-fault divorce?
In England and Wales, anyone can apply for a no-fault divorce , so long as the English or Welsh court has jurisdiction. That means you need to be living or domiciled here with your spouse at the time of your application to divorce. You do not have to have been born in the UK, nor be a British citizen. You can also normally request a no-fault divorce in England or Wales if you got married in another country, but now live here.
Taking the decision to part is, of course, a highly personal thing and one that only those involved in the marriage or civil partnership can take. You may need to seek specialist advice if you have international connections. Of course, when a union has resulted in children, it is very important to take their needs into account and put their ongoing happiness sand welfare at the top of the priority list. Other options, such as arbitration, mediation or collaborative law can be tried as a final resort in most cases before deciding to pursue a no-fault divorce and this can often help resolve issues and help pave the way to reconciliation.
How do I get the ball rolling on a no-fault divorce?
As with previous divorce arrangements, it is important to seek specialist legal advice. This is due to complexities around children and child residency arrangements, maintenance payments and division of marital assets, tax implications and more. You will need to decide whether to make a joint application, or whether just one of you will take the lead – and who will pay for it.
A no-fault divorce costs around £593 to process in England and Wales (at the time of writing) and can be done as a paper application or online. Around 20 weeks after the initial application, the applicant(s) will confirm that they wish to proceed by applying for a Conditional Order. Six weeks after that, the court will issue the Final Order, formalising and completing the divorce.