No-fault divorce was introduced in the UK in April 2022. Whilst most have welcomed the new divorce procedure there are some who would prefer to say why they are getting divorced because it feels right to have an acknowledgement that the marriage has broken down because of their husband or wife’s adultery or unreasonable behaviour.
Family law solicitors are advising that no-fault divorce is the only divorce option; there is choice as you can’t decide to divorce using the old style divorce procedure, citing behaviour or adultery or naming the third party that you blame for your separation. To some that is a real con of no-fault divorce, whereas to others it is a major plus point.
For divorce and family law advice call Angelique Holm on 0203 488 8620 or email info@hopeholm.co.uk or visit our website Hopeholm Family Law.
Applying for a no-fault divorce
To apply for a no-fault divorce, you file a divorce application saying your marriage has irretrievably broken down. You can’t say why and because there is no ‘blame game’ it means your husband or wife can’t oppose the divorce. So, whilst you may have preferred to start divorce proceedings on the basis of your ex’s adultery, at least with no-fault divorce the proceedings can’t be contested.
Who applies for a no-fault divorce?
Unlike with the old style divorce proceedings, you can apply for a joint no-fault divorce. It isn’t mandatory to do so and, if you prefer, either you or your spouse can make a sole application. Whether you apply together or as an individual the no-fault divorce procedure is roughly the same.
The no-fault divorce stages
There are 4 stages to a no-fault divorce:
- The divorce application – this can be a joint application or an application made by you or your husband or wife. You then have to wait 20 weeks – you can’t shorten the wait
- You say you want to proceed with the no-fault divorce
- You get a conditional order of divorce – this used to be referred to as your decree nisi of divorce
- After waiting 6 weeks from the conditional divorce order, you can apply for the final order. The old terminology was ‘decree absolute of divorce’
Is no-fault divorce quick?
Most people thought no-fault divorce would be quicker than divorce proceedings based on adultery or unreasonable behaviour. It isn’t because the law says no-fault divorce must take no less than about 6 months from the start of the divorce proceedings to getting your final divorce order.
No-fault divorce and child custody orders
In no-fault divorce proceedings the court won’t make a child custody or contact order (child arrangement order) as part of the divorce process. However, either parent can separately apply for a child arrangement order if they can’t agree on parenting arrangements or they want an agreed child arrangement order to set out the parenting arrangements.
No-fault divorce and divorce financial court orders
In a no-fault divorce, the court doesn’t make a divorce financial settlement unless one of you asks the court to make an order. A financial court order can either be presented to the court as an agreed order or one of you can apply for a financial order. There is then a series of financial court hearings and, if you can’t reach an agreement, the court will decide on the divorce financial settlement. The no-fault divorce and financial court process are totally separate, although you can sometimes be advised to hold off applying for your final divorce order until you have a financial court order in place.
Blame and financial orders
For some it is hard to comprehend that lack of blame in divorce proceedings and the fact that the no-fault divorce process doesn’t affect the outcome of children law or divorce financial settlement proceedings. However, even before no-fault divorce was introduced, the family court rarely allowed one partner’s unreasonable behaviour or new relationship to affect how family assets were divided.
The key message about no-fault divorce is that if you are concerned about your spouse’s behaviour and need an injunction or a child arrangement order or financial order then the law is just the same as before the introduction of no-fault divorce and will still protect you.
For divorce and family law advice call Angelique Holm on 0203 488 8620 or email info@hopeholm.co.uk or visit our website Hopeholm Family Law.