No-Fault Divorce: Your Questions Answered

On Wednesday April 6th 2022, the Divorce, Dissolution and Separation Act 2020 came into force, introducing what is commonly known as No-Fault Divorce in England and Wales.

What is No-Fault Divorce?

No-Fault Divorce, or NFD, has been many years in the making. It means it is no longer necessary for one party to take the blame for the breakdown of a marriage.

Previously, couples had to meet one of five criteria for divorce, in order to legally separate:

• Adultery;
• Unreasonable behaviour;
• Desertion;
• Separation for at least two years and no contest to the divorce;
• Separation for at least five years.

This led to some divorces based on fabricated or exaggerated claims, in an attempt to meet one of these criteria.

NFD removes this need, replacing these ‘five grounds for divorce’ with a single avenue to legally divorce without having to assign blame or wait five years or more.

Key Changes of No-Fault Divorce

Some of the most important changes under NFD are:

• No need to blame one party;
• Joint applications are allowed (i.e. mutual consent);
• Divorces can no longer be contested;
• 20-week cooling-off period introduced;
• Language of divorce has been simplified.

We’ll look in more detail below at what this means if you are already divorcing, considering divorce or going through divorce mediation right now.

Benefits of No-Fault Divorce

No-Fault Divorce is almost universally accepted as a good development. Some of its benefits include:

• Less inherent conflict in divorce process;
• Better for children who no longer have to ‘take sides’;
• Better for domestic abuse victims who can divorce without contest;
• Fairer financial settlements which can be agreed amicably;
• Improved privacy as no need to record reason for divorce.

While there was an immediate surge in divorce applications when the Bill was introduced, this is most likely from couples who had been waiting for its delayed introduction – the total number of divorces will likely return to its long-term average quite quickly.

Will No-Fault Divorce affect couples who are already divorcing?

No. If you already applied for a divorce before the new legislation came into effect, you are governed by the pre-existing laws at that time. If you want to apply under NFD you’ll have to cancel your current divorce, get the court’s permission to reapply, and pay any fees again.

What About Same-Sex No-Fault Divorce?

The new rules include equivalents for same-sex partnerships, whether you are in a civil partnership or a same-sex marriage. Technically, the term for ending a civil partnership in this way would be ‘no-fault dissolution’ and again, you no longer need to provide factual grounds for separating, and can now make joint or single applications.

How do I apply for an NFD?

The application process hasn’t changed. To file for divorce, you’ll generally need:

• Full name and address of both parties;
• Original or certified copy/translation of your marriage certificate (in English);
• Proof of any name changes since you got married.

You should provide your partner’s email address if possible, so the divorce papers can be served online rather than in person. There’s also a £593 (as of May 2022) fee to pay, and this may change over time.

It is also still compulsory to have a Mediation and Information Assessment Meeting, whether or not you intend to pursue divorce mediation.

How long will an NFD take?

NFD removes the two-year and five-year waiting periods to divorce by separation. There are still some limits though:

• You must be married for at least a year;
• There is a 20-week ‘cooling-off’ period.

This means that once you start proceedings, you’ll have about five months to reflect on your decision (and change your mind if you want) and to make arrangements like choosing a divorce mediator and finding solicitors.

Will NFD affect Mediation?

NFD should not have a material impact on divorce mediation. All it should really do is reduce stress and unnecessary conflict, speeding up the process and reducing costs.

In the words of our own Marcia Lister: “No-fault divorce is now only a positive way forward – there is nothing negative to say about it!”

You can start attending mediation sessions during the 20-week cooling-off period, to make arrangements regarding finances, accommodation, children/dependants and so on.

That way, when your 20 weeks is up, you’ll be ready to proceed quickly and amicably – something we have always encouraged in divorces where reconciliation is not an option.

Going Forward

Any major new legislation can create administrative challenges, and the surge in filings is likely to temporarily add to the family courts’ backlog of cases.

Mediation does not require court time and can allow you to amicably agree on important details of your divorce, before taking your mediator’s paperwork to a judge to get it rubber-stamped – faster, less disruptive and usually much cheaper too.

Looking ahead, it will be interesting to see if there is a lasting increase in the divorce rate, and what proportion of future divorces are joint applications (i.e. mutually agreed, rather than one party filing for divorce against the other).

If you have any more questions or you are considering a no-fault divorce or no-fault dissolution, you can contact us online, call us on 0161 425 3940, or email [email protected].