Need support or guidance with the divorce process? At Mark Reynolds Solicitors, our team of family law experts has helped countless couples successfully navigate the complexities of divorce to reach fair and amicable outcomes. Below, we’ve answered some of the most common questions that we get asked about no-fault divorces. If you still can’t find the answer to your question, get in touch with our team of family law solicitors by calling 0800 002 9577 for personalised advice.
What is no-fault divorce?
No-fault divorce is a legal process in England and Wales that allows couples to get divorced without having to place blame or prove wrongdoing. Instead, couples only need to confirm that their marriage has irretrievably broken down. No-fault divorces were introduced in 2022 to reduce conflict between separating couples.
Who can get a no-fault divorce?
Anyone in England or Wales can get a no-fault divorce, providing they meet the following criteria:
- They’ve been married for over a year.
- Their relationship has permanently broken down.
- Their marriage is legally recognised in the UK.
How does the no-fault divorce process work?
To begin the process, you must first complete a no-fault divorce application to give notice that your marriage has irretrievably broken down. You can do this on your own, or you can submit a joint application with your spouse. After a 20-week reflection period, you can apply for a conditional order. After the conditional order has been granted, a 43-day cooling-off period begins. After this time, you can apply for a final order. Once the final order has been approved, you will be legally divorced.
What documents do I need to provide when applying for a no-fault divorce?
To make a no-fault divorce application, all you need is your and your spouse’s full name and address, your original marriage certificate or a certified copy, and proof of your name change if you’ve changed it since you got married.
How long does a no-fault divorce take?
From start to end, a no-fault divorce usually takes a minimum of six months. However, every divorce is different, and your no-fault divorce timeline will depend on your individual circumstances and the complexity of your case.
How much does a no-fault divorce cost?
The court fee for filing a divorce application in England and Wales is currently £593. Additional costs may include legal fees, mediation fees, or expenses related to financial and childcare arrangements.
Can I apply for a no-fault divorce if my spouse doesn’t agree?
Yes, you can apply for a divorce even if your spouse doesn’t agree. To do so, simply file a sole application for divorce.
What happens if my spouse doesn’t respond to the divorce application?
Under no-fault divorce law, your spouse cannot prevent the divorce from going ahead just because they don’t agree. If they fail to respond within 14 days of receiving the divorce petition, you can either ask the court bailiff to serve them personally or apply to the court for deemed service. This is where you ask the court to accept that they have received the petition even though they haven’t acknowledged it.
Are there any alternatives to no-fault divorce?
If you haven’t yet been married a year or don’t want to get a divorce for religious or personal reasons, then a judicial separation is sometimes used as an alternative to divorce. This ends your relationship formally but not legally.
Will a no-fault divorce impact financial arrangements or child custody?
The no-fault divorce process does not decide financial arrangements or child custody. These matters are handled separately through negotiation, mediation, or the courts. We recommend that you make a financial order to agree on how money, marital assets, and child maintenance costs will be split. This can help to provide both parties with clarity and prevent future disputes.
Do I need a solicitor for a no-fault divorce?
You are not legally required to have a solicitor for a no-fault divorce, but it is strongly advised! A specialist family law solicitor can provide you with legal guidance and support, keep the process moving along quickly, and ensure the best outcome for you and your family.
What should I take into consideration when going through a no-fault divorce?
When going through a no-fault divorce, it’s important to consider how the divorce will affect your finances, living arrangements, and any shared responsibilities, especially if you have children. Where possible, it’s always preferable to come to an agreement over these matters amicably outside of court, as going to court can be expensive and stressful and can mean the final decision is out of your hands.
Can a no-fault divorce be contested?
No. Under no-fault divorces, the right to contest a divorce has been removed.
Can I get a no-fault divorce in England if I got married in a different country?
You can get a no-fault divorce in England, even if you got married abroad, providing you meet the requirements for the divorce to be recognised by the UK courts, as stated below.
- You have a valid marriage certificate. (If your marriage certificate is not in English, you will need to obtain a certified translation of it.)
- Your marriage is valid under UK law.
- Typically, you must also meet residency requirements.
Need guidance on no-fault divorce? Speak to our family law experts at Mark Reynolds Solicitors.
At Mark Reynolds, our team of family law solicitors provide personalised and compassionate legal advice and support to couples navigating the no-fault divorce process.
We appreciate that separating from a partner can be a messy and emotional process, especially when children are involved. We provide sympathetic and straightforward legal advice and services that aim to make a difficult process that much easier.
Contact our team today to arrange a free, no-obligation consultation.