What is No-Fault Divorce?  

How did the reforms change the divorce process?

Whether both parties agree to the divorce or whether only one of them wants it, the Court only needs to be notified that the marriage has broken down irretrievably.

Some of the other changes include:

• Allowing both or either party to start proceedings.
• Allowing joint applications to become sole applications and vice versa.
• The divorce can no longer be contested by one party
• The Decree Nisi and Decree Absolute remain fundamentally unchanged, although the terminology has been updated; a six-month reflection period has also been introduced.
• Modernising the language used in the divorce process.

There has been some opposition to the reforms among some government backbenchers and religious groups. This was mainly based on concerns that changing the legislation would make divorce too easy, undermining the bond of marriage. 
 

What are the benefits of the new No Fault divorce system?

The new system sped the divorce process up and removed unnecessary hostility between the divorcing parties, which could have had knock-on effects on their post-divorce relationship and on their children.

Although reforms have been pushed for a while, the recent situation with the Coronavirus lockdown has led to an increasing number of divorces as families are forced to stay together in the same house for extended periods.

It had become evident that, under the previous system, No Fault divorces took longer than ‘fault-based’ divorces, as couples were forced to prove that they had lived apart for at least 2 years before they could petition for a divorce.

Many divorcing couples do not wish to exacerbate an already difficult situation by specifying details of unreasonable behaviour in their divorce petition, nor do they wish to be locked in a marriage they no longer wish to be in.

No Fault divorce effectively ended the blame game and reduced acrimony in the divorce. The hope is that this will encourage a conciliatory approach which benefits all parties involved. The previous law simply ignored the emotional impact animosity between separating parents may have on the children.
 

How can lawyers help with a No Fault divorce?

With the introduction of No Fault divorce proceedings, separating couples are now able to apply for a divorce or dissolution without having to make accusations about their partner’s conduct, nor face long periods of separation before the marriage can be legally ended. The changes introduced by the Divorce, Dissolution and Separation Act 2020 have not fundamentally impacted the role of divorce lawyers.

The family law specialists at PSR Solicitors have a breadth of experience when it comes to helping clients with their divorce and the wide-ranging issues that can arise. Every situation is different, so it is essential that you take professional advice tailored to your own particular circumstances.

Our No Fault Divorce solicitors will help by:

• Advising parties to reach agreements over finances - such as splitting savings and investments or considering maintenance payments.
• Advising on entitlements and helping in negotiations when necessary.
• Preparing documents such as a consent order for financial agreements.
• Representing you and preparing your case to be presented to the Court in the event that settlement over the disputes cannot be reached.
• Implementing Court, consent, or final orders.

While the new legislation has simplified the divorce process, this non-exhaustive list of responsibilities illustrates how complex the legal process can become. Our authorised and regulated No Fault divorce lawyers can help you reach a result you are happy with, while keeping your peace of mind a priority.
 

How long is the No Fault divorce process?

The new system sped the process up and a divorce could be granted in mere months. Since the 6th of April 2022, the process includes the following steps:

• Application - made by either both or a sole party
• Confirmation of proceedings must be made, following a 20 weeks reflection period
• A Conditional Order will be issued by the Court
• After 6 weeks, a Final Order will be issued by the Court

This process can usually be completed in 7 to 10 months, which represents a great improvement from the legislation that was in place before the introduction of the Divorce, Dissolution and Separation Act.

Changes under the Divorce, Dissolution and Separation Bill

The Divorce, Dissolution and Separation Act 2020 introduced a number of changes to the process separating couples must go through in order to finalise the end of their union. It can be difficult to fully grasp the revisions, both in procedure and in terminology.  We have set out the main differences below.