Since no-fault divorces were introduced, obtaining a divorce application has become a more straightforward process than it used to be.
The new system makes divorce more of an administrative process rather than a blame game, helping to minimise conflict and emotional distress for those involved.
In this article, we’ll explain what no-fault divorce is and what it means for you.
What is a no-fault divorce?
No-fault divorces allow couples to apply for a divorce without having to place the blame or prove any wrongdoing.
No-fault divorces were introduced in the UK in April 2022 when they replaced the previous system whereby individuals had to cite one of ‘five grounds for divorce’.
Why were no-fault divorces introduced?
No-fault divorces were introduced to replace the old, outdated system.
Under the new system, couples can simply declare that their marriage has irretrievably broken down; they’re not required to prove any wrongdoing to get divorced.
The new system aims to make divorce simpler and less confrontational. It’s designed to make the process more about cooperation rather than blame.
What key changes did no-fault introduce to divorce proceedings?
Several changes to divorce law were made with the introduction of no-fault divorces.
All changes were designed to modernise the system and make it simpler and less stressful.
Key changes to the divorce process introduced by no-fault divorces include:
- Removed the requirement to prove wrongdoing: Instead, couples only need to state that their marriage has irretrievably broken down.
- Introduced joint applications: It’s now possible to choose between an individual or joint application.
- Removed ability to contest a divorce: Divorce can no longer be contested by one person unless there’s a legal reason for doing so.
- Simplified the legal language: The process now uses plain language. Terms like ‘decree nisi’ have been changed to ‘conditional order’ and ‘decree absolute’ to ‘final order’.
- Introduced a mandatory 20-week reflection period: This period provides time for couples to reconsider and make financial and childcare arrangements.
Can I get a no-fault divorce?
You can get a no-fault divorce if you live in England or Wales and have been married for at least a year.
If you got married abroad, you can still get a no-fault divorce providing that your marriage is recognised in the UK.
The only requirement for getting a no-fault divorce is that you consider your marriage to have irretrievably broken down.
If you have not yet been married for a year, you will need to wait until your first wedding anniversary or apply for a legal separation.
How can I apply for a no-fault divorce?
You can apply for a no-fault divorce online via the gov.uk website or by post by completing a D8 Divorce Application Form.
The application costs £593.
For compassionate advice or support with applying for a divorce or reaching a fair financial settlement, contact our team of divorce solicitors here at Mark Reynolds Family Law Solicitors by calling 0800 002 9577 or filling out the contact form on the right to arrange a free, no-obligation initial consultation.