Divorce is never an easy decision, but recent changes to Family Law in the UK have made the process more straightforward. Since the introduction of no-fault divorces in April 2022, couples seeking to end their marriages can now do so without placing blame on either party. At Aston Bond, we understand how significant the changes are for families navigating this challenging time. Here’s a comprehensive guide to understanding no-fault divorces and how they work.
A no-fault divorce allows couples to divorce without having to prove that one partner was at fault due to reasons such as adultery or unreasonable behaviour. This is designed to reduce conflict between both parties, making the process less stressful.
Key Features of a No-Fault Divorce
- No need to assign blame
- Couples can apply for divorce together with joint applications, reflecting mutual agreement or one party may make an application.
- The legal jargon has been simplified to make the process more accessible. For instance, “decree nisi” is now called “conditional order”. The final order which
was previously called decree absolute is called “final order”.
- A minimum of 20 weeks is required between the application and the conditional order and an additional 6 weeks must pass before the final order is granted to ensure couples have enough time reflect on their decision. Obtaining a conditional order and final order is not automatic. After receiving a notification from the Court for both orders the parties need to apply to the Court
for the orders to be made. Otherwise, there may be delays. Also, they may be
advised that they should not apply for a final order until a financial settlement
has been agreed.
How Does the No-Fault Divorce Process Work?
- Either one or both parties file an application online or through the family court, citing the irretrievable breakdown of the marriage.
- The 20-week period (or Reflection Period) takes place and provides time to consider the effects of the divorce and allows preparation for any financial and childcare arrangements. However, although the Divorce process is usually
much quicker as mentioned above, if one party disagrees, especially in respect of children and financial matters the process can be longer.
Financial and Child Arrangements
A no-fault divorce only deals with the legal end of the marriage. Financial settlements and child arrangements must be addressed separately. Finances are either agreed by a consent order through the court or by a financial order made by the court after proceedings. It is essential where possible that the parties obtain a clean break so that they cannot make claims against each other in the future. Parties are encouraged to agree child arrangements where possible but if arrangements cannot be agreed it will be necessary for the party who disagrees to make an application to court under the Children Act 1989 for a child arrangements order. Aston Bond’s experienced Family Law Solicitor, Lynette A’Court, can guide you through the necessary steps to ensure a fair outcome in respect of all aspects of your case.
Benefits of No-Fault Divorce
- By removing the blame, couples can focus on resolving practical matters.
- The simplified process can save time, allowing couples to move on more quickly.
- Reduced conflict between parents creates a more stable environment for children during a challenging time.
The introduction of no-fault divorces marks an important step forward in making divorce more accessible and less contentious. By prioritising respect and mutual understanding, it allows couples to transition to the next chapter of their lives with dignity.
If you’re considering a divorce or need advice on related matters, contact Aston Bond’s Family Law Solicitor, Lynette A’Court, on lacourt@astonbond.co.uk, or call our office on 01753 486 777.