What Is a No-Fault Divorce and How Does It Work?

Since April 2022, couples in England and Wales no longer need to blame each other to get divorced. The introduction of no-fault divorce was one of the most significant changes to family law in decades. This guide explains how it works and what it means for your situation.

What Changed in April 2022?

Before the Divorce, Dissolution and Separation Act 2020 came into force, a spouse seeking a divorce had to either wait up to five years for separation to establish irretrievable breakdown, or rely on one of the fault-based facts: adultery, unreasonable behaviour, or desertion. This meant that couples who had simply grown apart, or who wanted to divorce amicably, were often forced to make allegations against each other just to begin the process.

No-fault divorce removed that requirement entirely. The sole ground for divorce remains the irretrievable breakdown of the marriage, but it no longer needs to be proven through fault or blame.

How Does the Application Work?

Either spouse can apply for a no-fault divorce, or both can apply jointly. The application is made online through the court service or by post. Once issued, the court serves the application on the other party, who has 14 days to acknowledge receipt.

A mandatory 20-week reflection period then begins. This cannot be shortened. After 20 weeks, the applicant applies for a conditional order. Six weeks and one day after the conditional order is granted, the final order can be applied for.

Can Either Spouse Oppose a No-Fault Divorce?

This is one of the most significant aspects of the reform. Under the new system, a spouse cannot contest the divorce on the basis that the marriage has not broken down. The only limited grounds for opposing an application relate to jurisdiction or the validity of the marriage itself.

In practice, this means that if one spouse wants a divorce, the divorce will happen. The focus of any dispute shifts entirely to the financial settlement and, where relevant, the arrangements for children.

Does No-Fault Divorce Affect the Financial Settlement?

No. The financial settlement is dealt with entirely separately from the divorce itself. How the court divides assets, deals with pensions, and approaches spousal maintenance is governed by the same legal principles as before. The no-fault divorce reform changed the mechanism for ending the marriage, not the approach to finances.

Do You Need a Solicitor or Barrister for a No-Fault Divorce?

For the divorce application itself, many people manage the process without legal help, particularly where the relationship is amicable. However, the financial settlement that needs to accompany or follow the divorce almost always benefits from specialist legal input. A direct access barrister can advise on the financial settlement, draft a consent order, and represent you at any hearings without the need for a solicitor to be involved throughout.

Summary

No-fault divorce has been available in England and Wales since April 2022. Either spouse can apply, or both can apply jointly. The process takes a minimum of 26 to 28 weeks and cannot be contested on the basis of the marriage breaking down. The financial settlement remains a separate process and is unaffected by the reform.

If you need specialist help with your case, speak to the Barrister Connect team for a no-obligation conversation. Get in touch here.