No Fault Divorce

No fault divorce allows couples to divorce without the need to prove fault, such as adultery or unreasonable behaviour. This approach is designed to reduce conflict and make the divorce process more straightforward and less stressful.

No fault divorce was introduced by the Divorce, Dissolution and Separation Act 2020, which came into force on 6 April 2022. Before then, unless you had been separated for a lengthy period, you had to ‘blame’ your spouse by citing adultery or unreasonable behaviour. The reform removed the need to assign blame, removed the ability to contest a divorce in most cases, introduced the option to apply jointly, and updated the terminology – the Decree Nisi became the Conditional Order and the Decree Absolute became the Final Order.

The process for obtaining a no fault divorce in the UK is relatively simple:

1. One or both parties file a statement of irretrievable breakdown of the marriage.
2. There is a mandatory 20-week reflection period from the start of proceedings.
3. After the reflection period, a Conditional Order (previously known as Decree Nisi) is applied for and, if the court is satisfied, it will be granted.
4. Six weeks after the Conditional Order, the Final Order (previously known as Decree Absolute) can be applied for, finalising the divorce.

One of the key changes is that you can now apply for a divorce either as a sole applicant or jointly with your spouse. A joint application can feel more amicable where you both agree the marriage is over, while a sole application may be more appropriate in other circumstances. We can help you decide and handle the process either way.

No. The divorce itself legally ends your marriage, but it does not automatically resolve how your finances are divided or the arrangements for your children – these are dealt with separately. It is usually wise to agree a financial settlement and have it made into a legally binding court order. See our Divorce page for financial settlements and our Child Arrangements page for children.

At Symes Bains Broomer, our experienced family law solicitors can assist you through every step of the no fault divorce process. Our services include:

• Providing initial advice on your options and the no fault divorce process
• Helping you to prepare and file the necessary paperwork
• Advising on financial settlements and child arrangements
• Representing you in court if necessary

We aim to make the process as smooth and stress-free as possible, allowing you to focus on the future.

A no-fault divorce takes a minimum of 26 weeks (six months): a 20-week reflection period between the application and the Conditional Order, then a further 6 weeks before the Final Order. It can take longer where finances or child arrangements still need to be resolved.

Under the current law you can no longer contest a divorce simply because you disagree with it. A divorce can only be disputed on limited legal grounds, such as the court not having jurisdiction or the marriage not being legally valid. Removing the ability to contest was one of the main aims of the reform, to reduce conflict.

The main points to be aware of are the built-in minimum 20-week reflection period before the Conditional Order, and that the divorce itself does not resolve finances or arrangements for children, which must be dealt with separately. For most people the reduced conflict and simpler process far outweigh these points.

You must have been married or in a civil partnership for at least one year before you can apply for a divorce or dissolution in England and Wales. There is no set separation period required under the no-fault system.

Our team at Symes Bains Broomer has a wealth of experience in family law, and we are committed to providing compassionate, clear, and practical advice. We understand that going through a divorce can be a difficult time, and we are here to support you every step of the way.

We are proud members of the Law Society Family Law Accreditation and Family Law Advanced, recognising our expertise in handling complex family law matters. Our solicitors, including Joanne Harriman, are also members of Resolution, an organisation dedicated to resolving family disputes in a non-confrontational way.