No Fault Divorce

No Fault Divorce The introduction of no-fault divorce changed the way marriages are brought to an end in England and Wales, and it removed something that had caused a great deal of unnecessary acrimony. Couples no longer need to make allegations against one another to end their marriage, and neither party can prevent the divorce from proceeding simply because they would prefer to stay married.

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How Did The Divorce Process Change When The No Fault Divorce Was Introduced?

Under the previous divorce system, a spouse who wanted a divorce without waiting for a lengthy period of separation had to attribute the breakdown of the marriage to the other person’s behaviour or conduct. This meant setting out particulars in a document that the other spouse would read, and it frequently caused resentment between two people who then had to negotiate about money and about their children.

The system caused real damage. Couples who had separated amicably found themselves at odds over the wording of allegations that made no difference to the outcome. Parents who needed to co-operate for years to come began the process by criticising one another in writing. Removing the requirement has made the beginning of the process considerably less hostile, which tends to make everything that follows easier.

How Do Divorce Applications Work Now?

Following the introduction of the no fault divorce, divorce applications now state simply that the marriage has broken down irretrievably. No explanation is required and no evidence needs to be produced in support.

An important feature of the current system is the joint application, which allows couples who both want to divorce to apply together rather than one applying against the other. For many people, this reflects the reality of their situation far better and avoids the sense that one person is doing something to the other. A sole application remains available and is entirely appropriate where a joint approach is not realistic, and there is nothing adverse in choosing that route.

What Are The Timescales?

Once a divorce application has been issued, there is a minimum period of twenty weeks before a conditional order can be applied for. This is intended as time for reflection and, for those who are certain about their decision, as a period in which to make progress on the practical questions of money and children.

After the conditional order is made, a further six weeks and a day must pass before the final order can be applied for. In total, a divorce cannot be completed in less than around six months, and in practice it often takes longer where financial matters and child arrangements are still being resolved.

Can The Other Spouse Contest A Divorce Application?

One of the most significant changes brought in by the no fault divorce is that a spouse can no longer contest a divorce simply because they do not want it to happen. Under the old rules, defending a divorce was possible and occasionally used as a means of delay or pressure.

The other spouse must still acknowledge that they have received the application, and doing so promptly keeps matters moving. Very limited grounds for disputing an application remain, relating to technical questions such as whether the courts of England and Wales are the right place for the divorce to take place, but these do not concern the state of the marriage itself.

What Issues Must Be Resolved During A Divorce?

Many people assume that a divorce application resolves everything flowing from the separation. It does not. A divorce ends the marriage, but it has no effect at all on money, property, pensions, or arrangements for children.

Unless a financial order is approved by the court, the financial claims that spouses have against one another remain open. Claims have been brought many years after a divorce was finalised, sometimes after one party has come into money that the other knew nothing about at the time of the separation.

How Ccan Finances Be Resolved?

Since the divorce itself is now largely administrative, attention rightly shifts to reaching a financial settlement, and the same spirit of reducing conflict applies there. Most cases can be resolved without a contested hearing, through negotiation between solicitors, mediation, or arbitration where an independent decision is needed without the delay of court proceedings.

Birch & Co is a member of Resolution, and our family law team works in the way that no fault divorce was designed to encourage, looking for practical agreement rather than treating litigation as the starting point. Where court proceedings genuinely cannot be avoided, we will tell you so plainly and guide you through them, but we will always look for a sensible resolution first.

Speak To Birch & Co

If you are considering a divorce, or you have received an application and want to understand what happens next, our family law team can explain the process and help you deal with the arrangements that sit alongside it.