No-Fault Divorce

A fairer way to divorce 

In April 2022, the biggest change to divorce law in England and Wales in over 50 years came into force. For the first time, couples can end their marriage without one person having to blame the other. 

This is what's known as no-fault divorce, and it's changed things considerably for separating couples and the solicitors who support them. 

What Changed and Why It Matters 

Before the law changed, to get a divorce you had to prove one of five grounds, most commonly unreasonable behaviour or adultery. This often meant having to make allegations about the other person even when both parties simply agreed the marriage had broken down. 

Now, either spouse (or both jointly) can apply for a divorce simply by stating that the marriage has broken down irretrievably. No blame. No allegations. 

This matters because it removes a significant source of conflict at what is already a difficult time. It makes the process less adversarial from the outset, which is something our Family Team has always worked towards anyway. 

How No-Fault Divorce Works 

The process has three stages:

• Application: One or both of you applies to the court, confirming the marriage has broken down. This can be a joint application or a sole application. 
• Conditional Order: After a 20-week reflection period starting from the date of issue, the applicant confirms they still wish to proceed and applies for the Conditional Order. Following the application, the court can then make a Conditional Order (previously called a Decree Nisi). 
• Final Order: Six weeks after the Conditional Order, you can apply for the Final Order (previously called a Decree Absolute), which legally ends the marriage. 

Throughout this process, the financial aspects of your separation (dividing assets, property and pensions) need to be dealt with separately. Sorting out finances is just as important as the divorce itself, and we'd always recommend getting legal advice on both aspects together. We can also advise on any child arrangements matters as required.  

Joint or Sole Applications 

One practical change the new law introduced is the option to apply jointly. This can be a good option if both parties are in agreement and want to approach things constructively. 

That said, a joint application does mean both parties are involved at each stage, which isn't always practical depending on your circumstances. We can talk through which approach makes more sense for you. 

What About the Financial Settlement? 

The divorce process ends the marriage legally, but it doesn't automatically deal with money, property or pensions. These need to be addressed through a separate financial order. This is often where experienced legal advice makes the biggest difference. 

Our Family Team can advise on financial claims alongside your divorce, or separately if needed. We work closely with Resolution, a national organisation committed to resolving family disputes constructively rather than through conflict. 

Free Initial Consultation 

We offer a free 30-minute consultation to anyone going through separation or divorce. It's a chance to understand your options, ask questions, and work out the best way forward for your situation. No pressure, just clear advice.

Speak to our Family Team about no-fault divorce. 

Call 01285 649782 and ask for Tracey or Sarah

Or call our main office on 01285 650 000.