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On 6th April 2022 there was a major change to Divorce Law in England and Wales as No-Fault Divorce was introduced. No-Fault Divorce, couples can now leave their marriage without having to use one of the five facts to prove the marriage has ‘irretrievably broken down’.
Can a couple jointly apply for a no fault divorce?
Yes. A couple can apply for a no fault divorce singly or jointly. Previously one spouse had to issue divorce proceedings against the other.
The new law doesn’t change that a solicitor can only act for one of you in any child or financial arrangements.
There might be the need to consider what would happen if one of you changes your mind due to a breakdown during discussions on child or financial arrangements.
How long does a no fault divorce take?
If everything therefore runs smoothly and there are no other issues, the minimum length of time to get a divorce (this does not include dealing with financial aspects of the divorce or associated matters relating to children) will now be six months. However, it may be the case that your divorce will take longer than this.
No Fault Divorce process
- A couple apply for a divorce individually or together. This means they can choose to make a statement together explaining their marriage has irretrievably broken down. They don't need to explain why.
- A period of 20 weeks will apply as a ‘cooling off period’
- After 20 weeks and the couple are still looking to proceed, a Conditional Order is granted by the court. At this point you can now file a financial consent order with the court following the Condition Order being granted and (if you are having one) the financial order sealed (agreed) you can apply for your final divorce order
- A 6-week period
- After the 6 weeks is over a Final Order is made by the court.
- The minimum length of time to get a No Fault Divorce will be 6 months.
Can you contest a no fault divorce?
No, you cannot contest a no fault divorce. The reason for contesting a divorce is the mistaken belief that admitting fault will affect access to children and the fair division of financial assets.
The fact that a no fault divorce cannot be contested does not change how the other associated issues such as finances or child arrangements are dealt with. In relation to the financial aspect of a divorce and child arrangements, both parties to the divorce can still agree terms by way of mediation, or failing an agreement being reached can apply to the Courts for the Court to make a decision.
What happens about the parenting arrangements and finances?
You will need to reach an agreement on how the arrangements for parenting and how the assets and finances are agreed whilst living separately, as these are separate parts of your divorce and are not covered under the no fault divorce law.
If you are having difficulty on coming to an agreement between yourselves, mediation is the next reasonable step as it is a pre-requisite for going to court for a decision in most cases.
How much does a no fault divorce cost?
A no fault divorce may be less costly than the current divorce process because it is less contentious. It is hoped that more amicable agreements can be reached more quickly so outcomes are less expensive.
No fault divorce also changes the position in relation to costs Orders for divorce. Previously the party issuing the divorce application was able in certain circumstances to ask that the other party or the Respondent pay their costs associated with the divorce itself. This is no longer the case and each party will pay their own costs.
Arrangements for children and matters relating to property and finances will still need to be agreed. The associated costs here will be the same as any type of divorce.
We offer fixed price packages in relation to the divorce itself along with a “pay as you go” service for any associated financial aspects and child arrangements.
| Divorce service |
Fixed Price * | Pay as you go * |
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| What do you get? | We do everything needed to obtain your divorce from start to finish, with on-going advice and support throughout provided in-person.
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The alternative to our fixed price services, simply pay for as much of our expert assistance as you require. |
| Is it right for me? | You want a lawyer to manage the whole process and don’t expect disputes over children or finances. You prefer face-to-face advice. | You expect disputes over children or finances. |
| What does the court charge? | £593 | £255 children, £303 contested finances, £58 consent order finances |
| What do we charge? |
£950 plus VAT for acting for the Petitioner £595 plus VAT for acting for the Respondent |
From £240 per hour |
| Get started | Get started |
* All prices exclude VAT