Going through a divorce is a challenging and emotional process. But a significant legal change in recent years has made the process more simple and less painful for some couples: the introduction of no-fault divorce. If you’re considering ending your marriage, you might be wondering what a no-fault divorce is, what it involves and what you should expect from the process.
What is a no-fault divorce?
In England and Wales, no-fault divorce came into effect on 6 April 2022 under the Divorce, Dissolution and Separation Act 2020, with Scotland having had no-fault divorce since 2006.
A no-fault divorce allows couples to dissolve their marriage without needing to prove that one party was at fault. Historically, divorce required one person to provide evidence of the other’s wrongdoing, such as adultery, desertion or unreasonable behaviour. This often led to long and contentious legal battles, as one person had to assign blame on the other for the breakdown of the marriage. No-fault divorce, however, removes the need, and indeed the option, for blame on either side, making it easier for couples to separate amicably.
Under the new law, the only ground for divorce you need to give when you apply is the irretrievable breakdown of the marriage, and there is no longer any need to provide specific reasons or prove fault. It is now only in very rare circumstances that the divorce can be contested, meaning that unnecessary delays can be avoided. It is worth noting that the no-fault process still takes at least six months to complete and that for many, it is likely to take longer while they look to resolve their matrimonial finances.
The introduction of no-fault divorce has been particularly beneficial for families with children. The removal of blame at the outset can help both parties adopt a more cooperative approach to the divorce, stay on better terms throughout the process and it can also reduce the emotional strain on the whole family, especially children. It also paves the way for a more productive and straightforward co-parenting once the dust has settled.
What to expect from the no-fault divorce process
Step 1: Filing a sole or joint application
Couples can now file for divorce jointly, with both confirming their intention to divorce. However, one party can still apply alone if necessary, in which case the court will send a copy to the other person who must acknowledge receipt of it.
You can apply for divorce online, however it’s important to remember that going down this route means you won’t automatically receive any legal advice. To make sure you’re clear on all the legal aspects of divorce, including the financial implications, it’s a good idea to talk to a solicitor before applying online.
Step 2: The reflection or ‘cooling off’ period
With a no-fault divorce, there is a period of 20 weeks from the application date before the conditional order of divorce can be applied for. This is known as the reflection or ‘cooling off’ period. This is designed to allow breathing space for those involved and is a good time to begin looking at the matrimonial finances and/or arrangements for children. After the 20-week period, the applicant or joint applicants can apply for the conditional order to be granted. This confirms that you’re entitled to a divorce, though you’ll still be legally married until the final order has been granted by the Court.
Step 3: Finalising the divorce
Once the conditional order has been granted by the Court, the applicant or applicants must wait a further 6 weeks and 1 day before applying for the, final order. Once this is granted and issued by the court, your marriage is legally ended. It is vitally important that the final order is not applied for before taking legal advice on your position and the financial and other implications of ending your marriage.
How much does a no-fault divorce cost?
As a minimum, you’ll need to pay a court fee of £593 when you apply for a no-fault divorce. Technically you don’t need to use a solicitor to get a divorce, but it is always worth taking advice on your position before doing so. At Batt Broadbent, we offer a fixed fee for acting for you in your divorce, so long as it is uncontested. If you are the sole applicant, our fixed fee is £600 plus VAT and if you are a second applicant or respondent, our fixed fee is £350 plus VAT. You will also need to provide us with the funds for the Court fee as set out above. These fixed fees are only in relation to the divorce.
For advice on the finances, child arrangements and other matters, we work on an hourly rate basis. We are always happy to discuss costs and processes with prospective clients.
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