No Fault Divorce – How Fast And How Easy Is it?
The latest no fault divorce process was introduced in 2022 under the Divorce, Dissolution and Separation Act.
It removes the requirement for couples to assign blame to one party for the break down of their marriage.
It therefore aims to make the divorce process more straightforward and reduce contentious divorce proceedings, helping families to resolve matters amicably where possible.
In this blog, we will discuss the latest divorce process, including what a no fault divorce is, how long it takes and how easy it is to get a no fault divorce.
In this article, we cover:
- What is a no fault divorce?
- How long does it take to get a no fault divorce?
- How easy is it to get a no fault divorce?
- How long do you have to wait for a no fault divorce in the UK?
- How much does it cost to get a no fault divorce?
- How do I apply for a no fault divorce?
- Can a no fault divorce be contested?
Please note: This article should not be taken as specific legal advice. If you need help with a no fault divorce or any other family matter, please contact our team and we will be happy to assist.
Contact our divorce and separation solicitors today in London (West Drayton) on 01895 449288 or in Hertfordshire (St Albans) on 01727 840900 or email us at info@wellsburcombe.co.uk.
What is a no fault divorce?
No fault divorce is the latest divorce law process introduced under the Divorce, Dissolution and Separation Act in 2020, it enables couples to end their marriage without placing blame on either party for the breakdown of the relationship.
Under the former divorce process, couples had to attribute blame to one party for one of five reasons known as ‘the five facts’ which included adultery, desertion, or unreasonable behaviour, this often caused contention and conflict.
The no fault divorce process has eliminated the ‘blame game’ and instead, couples can simply state that the marriage has irretrievably broken down, without attributing fault to one another.
This approach aims to streamline the divorce process, reduce animosity and allow couples to focus on practical matters such as child custody and asset division.
How long does it take to get a no fault divorce?
Under the new no fault divorce process, a divorce will take a minimum of 26 weeks to complete.
This includes a mandatory 20-week cooling-off period before obtaining the Conditional Order and another six weeks and a day before applying for the Final Order.
However, the majority of divorces will take longer than this due to practical arrangements for finances and children or added complications.
How easy is it to get a no fault divorce?
The introduction of no fault divorce has made getting a divorce more easily accessible and less confrontational for couples seeking separation.
Previously, couples had to prove fault based grounds for divorce, which often led to lengthy and contentious proceedings.
With the new process, couples can mutually agree that their marriage has irretrievably broken down, making the process smoother and less adversarial.
However, while the legal framework for no fault divorce has been established, the ease with which couples can get a divorce will still depend on individual circumstances, such as financial arrangements, child custody agreements, and the willingness of both parties to cooperate.
How much does it cost to get a no fault divorce?
When filing for divorce, either party may be responsible for covering the court fees, regardless of whether you handle the process yourself or instruct a solicitor.
In England and Wales, the key court fees for divorce proceedings include:
- £652 for submitting an application to the court for divorce or dissolution.
- £402 for a judicial separation, if you wish to legally separate without terminating the marriage or civil partnership.
- £58 for a consent order, which legally formalises financial arrangements.
- £303 for a financial order, if the court has determined how your assets will be divided.
If you instruct a solicitor to handle your divorce, you will also need to pay your solicitor’s fees separately. To find out how much our fees cost, please get in touch with our divorce solicitors.
How do I apply for a no fault divorce?
To initiate the process of divorce, you need to fill out a divorce application that requests the court to grant the divorce and provides information about both parties. The application must also include a statement confirming the irretrievable breakdown of the marriage.
When both spouses apply together, it is called a joint application, and both parties are joint applicants. However, if only one spouse applies, then they become the applicant, and the other spouse is the respondent.
Once you have completed the application, you need to submit it to the court along with your marriage certificate and payment of a court fee to begin the divorce proceedings.
If your spouse files a sole application for divorce, the court will inform you, and you must respond within 14 days by completing an 'acknowledgement of service' form.
Can a no fault divorce be contested?
With the introduction of no fault divorce, it is rare that one party will be able to contest their divorce, especially as you can now apply as a sole applicant.
If one party disagrees with the proposed terms of the divorce, they can contest this through legal proceedings. However, contesting a no fault divorce is typically more challenging than contesting fault based divorces, as there is no need to prove misconduct or wrongdoing.
While it is harder to contest a divorce, disputes may still arise over other practical matters such as financial settlements and child custody arrangements, which are typically resolved separately from the divorce process.
These disagreements can prolong the divorce process and increase the emotional and financial strain on both parties.
Seeking legal advice and mediation can help resolve these disputes and make the divorce process as straightforward as possible.
Contact our no fault divorce solicitors in London and St Albans
We can offer you a free initial telephone consultation to talk about how we can help and to provide a quote.
Contact us today in London (West Drayton) on 01895 449288 or in Hertfordshire (St Albans) on 01727 840900 or email us at info@wellsburcombe.co.uk.