Divorce is rarely straightforward, but reforms in UK family law over the past few years have made the process simpler and often much less painful for couples separating. The introduction of no-fault divorces in England and Wales has changed the way couples can legally end their marriage. It’s a more progressive and compassionate method, reducing unnecessary conflict and paving the way for a more constructive approach to separation.
If you are considering divorce, here’s what you need to know about what no-fault divorce is, its advantages and how it works.
What is a no-fault divorce?
Since 6 April 2022, couples in England and Wales have been able to apply for divorce without having to prove wrongdoing by either party. The system was introduced under the Divorce, Dissolution and Separation Act 2020 and follows a model that Scotland has had in place since 2006.
Previously, one spouse had to show evidence of “fault” – such as adultery, unreasonable behaviour or desertion – unless they had already been separated for several years before seeking divorce. This often made the divorce process confrontational, even where both parties simply agreed the relationship had broken down.
Under the new law, the only ground for divorce is the irretrievable breakdown of the marriage. Crucially, there is no longer a requirement to apportion blame and opportunities to contest a divorce are limited. This means the process is less likely to be drawn out by disputes.
What are the benefits of a no-fault divorce?
1, Reduces conflict
Removing blame encourages a more cooperative approach.
2, Protects children
Lower conflict helps shield children from emotional fallout and supports healthier co-parenting relationships.
3, Simplifies the process
Applications are more straightforward and less stressful.
4, Encourages focus on practicalities
Without arguments about fault, couples can concentrate on reaching fair agreements about finances and child arrangements.
The UK no-fault divorce process explained
Step 1: Application
Divorce applications can be made either jointly (by both spouses together) or by one person acting alone. Applications can be made online through the government portal, but doing this means you won’t automatically get any legal advice. It’s a very good idea to talk to a family law solicitor before applying to understand the financial and practical implications.
Step 2: Reflection period
Once the application has gone through, there is a 20-week “cooling-off” period before you can apply for the next stage of the divorce. This time is intended to give couples space to reflect and consider whether reconciliation is possible, while also allowing them to begin discussions about finances and children.
Step 3: Conditional order
After 20 weeks, you can apply for the conditional order. This confirms that the court accepts you are entitled to a divorce, although you remain legally married at this stage.
Step 4: Final order
Six weeks and one day after the conditional order is granted, you may apply for the final order. Once granted, this legally ends your marriage. If you haven’t already, strongly consider taking legal advice before applying for the final order, particularly if financial settlements are not yet resolved.
For legal advice about no-fault divorce, contact Amicus Law today.