Since the Divorce, Dissolution and Separation Act 2020 (‘the Divorce Act’) came into force in England and Wales on 6 April 2022, there is only one ground for divorce: the irretrievable breakdown of marriage.
Couples do not need to assign blame or explain why their marriage or civil partnership has broken down.
The introduction of ‘no-fault’ divorce was a defining moment in family law.
Before the Divorce Act took effect, couples who wanted to divorce or dissolve a civil partnership had to cite one of five reasons that apportioned blame for the relationship’s breakdown.
These were:
- Adultery.
- Unreasonable behaviour.
- Desertion.
- Two years’ separation with the consent of the other.
- Five years’ separation whether your spouse agreed to the divorce or not.
This fault-based system was criticised for causing unnecessary animosity between separating couples, making it more difficult to reach an agreement over arrangements for any children and come to a consensus on financial matters.
No-fault divorce has various advantages for separating couples, reducing conflict and saving both money and time.
How do you get a no-fault divorce?
Couples must have been married or in a civil partnership for at least a year to be able to apply for a no-fault divorce and can make the application either individually or jointly. They must follow a set legal process, which generally takes around six months to complete.
The key steps involved in no-fault divorce are:
1. Seek legal advice.
Consulting an experienced family solicitor is advisable for everyone considering getting divorced, even if you think your situation is straightforward. A lawyer who specialises in divorce will be able to guide you through the process involved and provide invaluable support and advice.
A family lawyer can also assist with financial settlements on divorce and arrangements for any children.
It is important to note that divorce is only the legal end to a marriage. Agreeing on the division of matrimonial assets and a parenting plan for any children you are responsible for must be done separately.
At Onions & Davies, our experienced Divorce Solicitors in Market Drayton will be happy to speak with you regarding all areas of divorce and separation and civil partnership dissolution.
We pride ourselves for having very competitive prices for divorce, for both applicants and respondents. We can advise you comprehensively as to costs at our initial non-obligation fixed fee appointment.
For specialist legal advice about no-fault divorce, please contact our head of Family Law Louise Martin at louise@onionsanddavies.co.uk
2. File an application.
To start divorce proceedings, you must file an application with the HM Courts and Tribunals Service Divorce Portal, which can be done either online or by post.
One party can give notice that the marriage has ended, or you and your spouse can make a joint application if you both agree that the marriage has broken down.
The court will then process the application. For joint applications, there will then be a 20-week ‘cooling-off period’.
For sole applications, the other party (the ‘respondent’) will be served by the court and is required to file a response within seven days.
3. Apply for a Conditional Order.
Twenty weeks after the court has issued the application, the applicant or applicants confirm that they want to proceed with the divorce by applying for a Conditional Order (previously known as decree nisi) which is the first stage of the divorce.
This legal document confirms that the court cannot see any reason why the divorce cannot go ahead.
The 20-week reflection period was introduced under the no-fault divorce law. It is designed to give couples time to consider their decision and to make any arrangements regarding children, property and finances.
4. Apply for a Final Order.
Applicants must then wait at least six weeks and one day after being granted the Conditional Order before applying for a Final Order (previously known as a decree absolute).
Please take advice from a solicitor before applying for your Final Order as the legal advice is likely to be that you should have a Financial Order in place before applying for your Final Divorce Order.
Once the court issues the Final Order, your divorce is finalised.
Divorce Solicitors Shropshire
Ending your marriage is never easy. Whether you make the decision to divorce yourself, or jointly with your spouse, our experienced divorce solicitors are here to help.
We understand that what you need from us is clear and professional guidance and understanding. Even the most well-managed family cases can still be fraught with emotion and difficulty, but our aim is to provide support through that process.
At Onions & Davies, we have many years of experience advising in divorce cases, whether it requires carefully negotiated amicable agreements or robust arguments in contested cases.
Our head of Family, Louise Martin, offers a firm but fair approach. As a member of Resolution, she follows a code of practice that promotes a non-confrontational approach to family disputes and will encourage solutions that consider the needs of the whole family, especially where children are involved.
Onions & Davies Solicitors provide legal services in Market Drayton and the surrounding areas, including Whitchurch, Telford, Shrewsbury, Loggerheads, Nantwich, Crewe, Eccleshall and Newcastle.
To speak to one of our family law solicitors, please call us on 01630 652405 or use our online contact form.