No-fault divorce came into effect in England and Wales on 6 April 2022 under the Divorce, Dissolution and Separation Act 2020 (Divorce Act 2020).
Its introduction was a defining moment in family law.
Previously, couples who wanted to divorce or dissolve a civil partnership had to cite one of five reasons that apportioned blame for the relationship’s breakdown. These were adultery, unreasonable behaviour, desertion, two years’ separation with the consent of the other, or five years’ separation.
This fault-based system was criticised for creating unnecessary conflict between separating couples, often making it more difficult to reach a settlement agreement.
Under the new system, the ground for divorce remains the same: the irretrievable breakdown of the marriage. However, couples now no longer need to assign blame or explain why their marriage or civil partnership has broken down.
No-fault divorce lets couples separate more amicably, saving stress, money and time.
Parties can issue proceedings jointly, or individually.
No-fault divorce rules are the same for ending a marriage by divorce and terminating a civil partnership through a dissolution. In England and Wales, you must have been married or in a civil partnership for at least a year to apply for a divorce or dissolution.
To obtain a no-fault divorce, you must follow a set legal process, which generally takes at least six months to complete.
In this blog, our Divorce Solicitors explain how to get a no-fault divorce.
Step one: Seek legal advice.
Even if your break-up is amicable, seeking legal advice from a solicitor specialising in divorce is always advisable if you are considering separating from your spouse.
The divorce process can be overwhelming, and there are many issues that need to be resolved.
It is important to note that divorce is only the legal end to a marriage or civil partnership. Making arrangements for any children and detaching yourself financially must be done separately.
An experienced family lawyer will support you through the process and ensure you receive a fair settlement that is in your best interests.
A family law solicitor will assist with the relevant paperwork, help with communication, and prioritise your children and financial future.
At Bowsers Solicitors, we have helped clients in our local community of Wisbech and March, as well as across Cambridgeshire and beyond, successfully navigate divorce.
The sooner you seek professional legal advice in divorce, the better. If you are looking for family law advice, please contact our experienced divorce solicitors and chartered legal executives today on 01945 583194 (Wisbech) or 01354 652606 (March), or email reception@bowsers.co.uk.
Alternatively, you can fill in our contact form.
Step two: File a divorce application.
In England and Wales, to start divorce proceedings, you must file an application through the HM Courts and Tribunals Service Divorce Portal, which can be done either online or by post.
To apply, you will need to provide:
- Yours and your spouse’s full name and address.
- Your original marriage certificate or a certified copy.
- Proof of name change if you’ve changed it since you got married.
You will also need to submit a statement that your marriage has broken down irretrievably.
One party can file for divorce, or if both of you agree that the marriage has ended, you can make a joint application.
If the application for divorce is made jointly, it then enters a 20-week ‘cooling-off’ period.
In the case of a sole application, the other party will be served by the Court and must file a response within seven days.
The 20-week cooling-off period was introduced to give couples a chance to consider their decision and make any relevant arrangements for children, property and finances.
Step three: Conditional order.
After the 20-week cooling off period, the applicant or applicants can apply for a Conditional Order, which confirms that the Court cannot see any reason why the divorce cannot go ahead.
Once the Conditional Order has been issued, you can then apply to the Court for a financial order, which is a legally binding document setting out how assets are divided. This only takes effect after you receive your Final Order.
Step four: Final order.
After the Conditional Order has been granted, parties must wait at least six weeks before applying for a Final Order. Once the Court issues the Final Order, the marriage is officially over.
Divorce Solicitors Near Me
Going through a divorce or separation is never easy. At Bowsers Solicitors, our experienced family lawyers will do all they can to support you in resolving the issues that arise. We are committed to providing exceptional client care, allowing us to work closely with you to identify a workable solution suited to your needs, including those of your family and children.
With offices in March and Wisbech that allow us to support clients across Fenland, our specialist divorce and separation solicitors and chartered legal executives have the means to offer quality guidance and industry expertise on various matters, including:
- Financial Arrangements.
- Cohabitation/Unmarried Rights Agreements.
- Child Law.
- Prenuptial and Postnuptial Agreements.
- Separation Agreements.
- Domestic Violence.
- Civil Partnership Dissolution.
We understand that every case is unique and that, at an already emotional time, you will want the process to be achieved as smoothly, amicably and efficiently as possible.
If you are looking for family law advice, please contact our experienced divorce solicitors and chartered legal executives today on 01945 583194 (Wisbech) or 01354 652606 (March), or email reception@bowsers.co.uk.
Alternatively, you can fill in our contact form.
