The process of getting a divorce has been made much easier in recent years with the introduction of no fault divorce. While this has removed a lot of potential room for conflict from divorce proceedings, getting expert legal support is still highly recommended so you can divorce on the right terms for you and protect yourself for the future.
At Sharp Family Law, we can support clients through the no fault divorce process, helping proceedings to go ahead as quickly and smoothly as possible. We can also advise on all of the legal implications of ending your marriage, including for your finances and any children you have.
Whatever your situation or concerns, we can provide clear, practical guidance in plain English. Our aim is to make getting divorced more straightforward while ensuring you have the best possible future.
Our expert no fault divorce solicitors can assist with matters including:
- Making a no fault divorce application
- The division of finances
- Arrangements for children
Speak to our no fault divorce solicitors in Bristol, Bath and Bradford on Avon
For expert legal advice on the no fault divorce process and all of the issues you need to consider when getting divorced, please get in touch with our experts today.
To arrange an initial meeting, whether that is in person or remotely, please contact our local offices in Bristol, Bath and Bradford on Avon or use our simple online enquiry form to request a call back.
Frequently asked questions about no fault divorce
What is no fault divorce?
No fault divorce refers to a divorce where there is no requirement for one of the spouses to ‘take the blame’ in order to be granted a divorce. Other terms are also sometimes used, including ‘no blame divorce’, ‘no contest divorce’ and ‘non fault divorce’.
In England and Wales, no fault divorce has been available since April 2022 under the terms of the Divorce, Dissolution and Separation Act 2020.
What are the benefits of no fault divorce?
Key benefits of no fault divorce include:
- Neither spouse needs to ‘take the blame’ for the divorce, removing a major potential source of unnecessary conflict
- You do not have to wait years to get divorced without assigning blame (as was required under the previous rules)
- There is no right for a spouse to oppose a divorce started by the other in almost all cases
- It can allow a more amicable divorce, which may be especially beneficial where there are children to consider
- It can help to keep legal fees lower as the process is more straightforward and court hearings will not normally be required
How is no fault divorce different to the previous law?
The Divorce, Dissolution and Separation Act 2020 introduced a number of changes to UK divorce law, including updating some of the terminology used (e.g. ‘petitioners’ became ‘applicants’ and the ‘decree nisi’ and ‘decree absolute’ became the ‘Conditional Order’ and ‘Final Order’). The new law also allows a couple to apply for divorce together, known as a ‘joint application’.
However, the most significant change for most separating couples was the introduction of no fault divorce. This is because, under the previous rules, the person applying for a divorce had to give one of five accepted reasons for the end of their marriage. These reasons were:
- Adultery (specifically infidelity with a member of the opposite sex).
- Unreasonable behaviour (essentially, that your spouse’s behaviour was so unreasonable that you could no longer sensibly be expected to continue the relationship).
- Desertion (where your spouse has left you for at least 2 out of the last 2 and a half years without your permission and with the intention to end your relationship).
- Living separately for at least 2 years (if both spouses agreed to the divorce).
- Living separately for at least 5 years (whether both spouses agreed to the divorce or not).
Under the no fault divorce law now in force in England and Wales, you no longer need to give a reason for the divorce. Instead, the applicant simply needs to provide a statement of ‘irretrievable breakdown’ as part of their application.
Additionally, if one spouse makes a divorce application by themselves (a ‘sole application’) then the other cannot oppose the divorce, except in certain very limited circumstances that will not apply to the vast majority of divorces.
Who can get a no fault divorce?
Anyone with the right to divorce in England or Wales who has been married for at least a year can apply for a no fault divorce. If you have been married for less than a year, you might need to wait or apply for an annulment instead (if applicable to your situation).
To be entitled to divorce in England or Wales, at least one of the spouses needs to normally live or be domiciled here.
One thing to note is that Scotland and Northern Ireland have different rules, so no fault divorce is not available across the whole of the UK at the moment.
What is the process for getting a no fault divorce?
To get a no fault divorce you will need to:
- Complete a divorce application – This is normally done online, but you can complete a paper application if you prefer. You can either apply by yourself or jointly with your partner.
- Wait for the court to ‘issue’ your application – This is a formality and will usually proceed quickly, unless there are any issues with your application.
- The court ‘serves’ the application – If a sole application was made, this will involve sending a copy to the other spouse (called the respondent). If a joint application was made, then both spouses will receive a copy.
- Apply for the Conditional Order – 20 weeks after the court issued the application, you can apply for this Order which confirms that your divorce can go ahead.
- Apply for the Final Order – 6 weeks after the Conditional Order is granted, you can apply for the Final Order which legally ends your marriage.
How long does a no fault divorce take?
A no fault divorce will take a minimum of 6 months (26 weeks). This is because there is a strict timeline set out under the new divorce rules that includes two mandatory wait periods before your divorce can progress.
Once the divorce application has been officially issued by a court, you must wait at least 20 weeks before the next stage, which is applying for a ‘Conditional Order’. This is a court order that confirms the court knows of no reason the divorce cannot go ahead. You will then need to wait an additional 6 weeks before you can apply for the ‘Final Order’ which is a court order that legally ends your marriage.
How much does a no fault divorce cost?
Making a no fault divorce application is relatively straightforward and we can usually assist with this on a fixed fee basis. However, you also need to consider the legal costs involved in separating your finances and making arrangements for children (if applicable). We will be happy to discuss these costs with you so you can have a realistic idea of what to expect.
If you would like to find out how much we would charge for a no fault divorce application and the other aspects of divorce, please get in touch.
Why choose Sharp Family Law’s no fault divorce solicitors?
When you work with Sharp Family Law, you will have access to one of the largest and most experienced teams of family lawyers in the Bath and Bristol area. We have particular experience with high value and complex divorces, including those with an international component. As such, we can provide expert advice for even the most challenging situations.
Independent recognition of our expertise includes:
- We are ranked by leading client guides the Legal 500 and Chambers & Partners
- Several of our team are members of Resolution– the professional network for family lawyers committed to taking a non-confrontational approach to family law
- Richard Sharp is a trained collaborative lawyer and family mediator in both the UK and the USA
To find out more about our expertise, please take a look at our family law team.
Speak to our no fault divorce solicitors in Bristol, Bath and Bradford on Avon
For expert legal advice on the no fault divorce process and all of the issues you need to consider when getting divorced, please get in touch with our experts today.
To arrange an initial meeting, whether that is in person or remotely, please contact our local offices in Bristol, Bath and Bradford on Avon or use our simple online enquiry form to request a call back.