Our No Fault Divorce FAQs have been answered by specialists in the family law sector to provide professional support.
Yes, the no-fault divorce regime applies to civil partnerships as well as marriages.
In theory, even with the self-imposed periods of reflection between the different stages of the divorce, it should be a more streamlined process, but this will entirely depend on how quickly the parties can sort out the division of their lives in terms of financial matters and in respect of any children, as opposed to the divorce paperwork itself. It is common practice not to apply for the Decree Absolute/Final Order until all financial matters have been settled.
In the existing fault divorce regime where parties are relying on a fault fact to divorce, it is usual for there to be more animosity in the process and this in turn filters into the financial and children matters which in turn extends the time taken and costs involved.
Where parties are relying on a fact such as 2 years’ separation (with consent) or 5 years’ separation (without consent) it is self-explanatory that the periods to wait for an amicable divorce are greatly increased. This will be avoided with the new no-blame divorce system.
In a no fault divorce, there is a minimum timeframe of 20 weeks between the application date and the Conditional Order. This has been introduced to allay concerns that getting a divorce will be made quicker and easier and that it encourages couples not to try and work on their marriages.
There will then be a minimum of 6 weeks between the Conditional Order and the Final Order.
Under the updated no-fault divorce law regime, Parties will now have the opportunity to file a joint divorce application and the possibility of defending a divorce will be removed. Instead, there will remain limited circumstances where a divorce application can be disputed, such as in the case where the marriage validity itself is being questioned.
The terminology used in divorce will also be changing. The person who makes the application for divorce will now be known as the applicant, no longer the petitioner. The usual orders made in the fault divorce process are called Decree Nisi and Decree Absolute. For the no-fault divorce law regime, these will be renamed the Conditional Order and the Final Order to simplify the terminology.
The benefits of the no fault divorce regime are to facilitate more amicable divorces, with a focus on the practicalities of separating joint lives rather than attributing blame for the failure of the marriage to one party.
The current fault system either means parties have to wait for a specified period to amicably divorce (two years or five years) or otherwise rely on a fact which assigns blame to a party i.e. adultery or behaviour.
The new no fault divorce process in April 2022 replaces the ‘five facts’ that have to be proven in the existing divorce regime with a requirement to provide a simple statement of irretrievable breakdown of the marriage.
The Court must take this statement as conclusive evidence that the marriage has irretrievably broken down.
