10 Mar Finally, an end to the ‘blame’ in divorce proceedings. No fault divorce.

Posted at 00:00h in Family Law by

From the 6th April 2022, the long awaited no fault divorce became reality.

Read on to learn more about what it means and where you should still seek legal advice.

What is a no fault divorce?

The no fault divorce is officially referred to as the Divorce, Dissolution and Separation Act 2020. It will reform the divorce process to remove the concept of fault based petitions. Many legal professionals feel current divorce law is out of date, particularly following the 2018 Owens v Owens case.

Family practitioners in England and Wales will see significant reform to the divorce grounds from the 6th
April 2022 as separating couples will no longer have to rely on one of the current five facts to have sufficient grounds for a divorce..

This will be the biggest change to divorce laws since the 1973 Act. Ending the blame game should result in proceedings being less contentious and therefore more likely to encourage the parties to engage in constructive discussions about resolving financial matters as well as children matters.

Some of the most noticeable changes to divorce legislation will be:

  • The removal to provide evidence of conduct or separation.
  • The ability to contest a divorce will be removed.
  • Parties can make joint applications although it is worth noting that one party will still be able to make a sole application if their partner does not agree to divorce.
  • The process will take a minimum of 26 weeks.
  • Archaic language will be removed from the process – Decree Nisi will become ‘Conditional Order’ and Decree Absolute will become ‘Final Order’ using plain English for simplification.

How will no fault divorce work?

You will no longer need to prove that your marriage has broken down irretrievably, the couple will simply need to provide a statement of irretrievable breakdown.

A sole or joint Application will be submitted using the online portal. Parties can make the Application in person or can instruct their respective solicitors to do so. Even if parties agree to jointly applying for divorce, the potential for a conflict arises.

Therefore, each party must appoint their own solicitor to provide them with independent legal advice in relation to financial matters and possibly children matters.

Will no fault divorce be quicker?

The process will not be quicker.

The new no fault process involves a period of 6 months before the Final Order in divorce can be received.

Once a sole application has been made, the applicant will have to wait until 20 weeks have elapsed from when the respondent is served with the application to apply for the Conditional Order.

The same applies with joint applications and the parties will have to wait until 20 weeks have lapsed before they can apply for the Conditional Order.

This is to allow both parties to reflect on their decision to divorce. Following the 20-week period, the applicant must wait a further 6 weeks before they can apply for the Final Order, although this period could be longer if the parties have not resolved financial matters.

In summary, there will be a period of 20-week period between a joint application being issued and the parties being able to apply for the Conditional Order.

How much will a no fault divorce cost?

The less contentious process will ultimately ensure that practitioners costs will reduce.

Therefore, parties can expect to pay the court fee which is currently £593 plus solicitor’s fees which will be significantly less than under the old process.

Do I need a solicitor?

Whilst you may be able to deal with the divorce proceedings yourself, you will still need a solicitor to help you navigate through resolving financial matters and possibly agreeing child arrangements.

What is a financial order and why is it important?

A common misconception is that once the Final Order is granted in divorce proceedings that all ties between the parties are severed. This is not true and separating and divorcing couples must ensure that a Financial Remedy Order is obtained, or a Consent Order agreed.

A Financial Remedy Order sets out the financial agreement between separating and divorcing couples. This Order creates a legally binding financial agreement between the parties which can be enforced by a court if one party breaches the Order.

For an initial consultation on your rights and obligations please contact the specialist family law team at HRJ Foreman Laws Solicitors.

At the initial meeting we will be able to provide you with a cost estimate for the divorce if you wish you use a solicitor, an estimate to deal with the division of your matrimonial finances, and if required, any issues in relation to the children.

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