When no-fault divorce arrived in England and Wales in April 2022, it was widely described as a “simpler” and “less stressful” way to end a marriage. And for many couples, it has removed unnecessary blame and conflict from the process.
But while the administrative side of divorce is now more straightforward, a no-fault divorce is not a complete solution. Many clients still misunderstand what it changes — and what it doesn’t.
Below are the most common areas where confusion still arises, and what you need to know before you take the next step.
“No-fault means everything is quicker.”
Not quite.
Although the application itself is easier, there is still a minimum 26-week timeframe built into the law. This “cooling-off” period is designed to give couples time to reflect and plan.
For some, this wait can be useful. For others, it can feel frustrating. But it is mandatory, regardless of the circumstances.
“We agree on everything — we don’t need solicitors.”
Even in amicable cases, there is usually far more to resolve than couples initially realise.
No-fault divorce only deals with the legal ending of the marriage. It does not resolve:
- Finances
- Pensions
- Property
- Child arrangements
- Spousal maintenance
Without a legally binding Financial Consent Order, either party could make a financial claim in the future — even years after the divorce. Many people are unaware of this risk and assume the divorce itself “shuts the door” on claims. It does not.
“No-fault means my ex’s behaviour doesn’t matter at all.”
This is partly true — behaviour no longer needs to be cited as a reason for the divorce itself.
However, behaviour can still be relevant in certain financial and child-related situations, for example:
- Serious financial misconduct
- Domestic abuse
- Child safeguarding concerns
In these situations, behaviour may influence decisions — just not the divorce application.
“We can sort the finances quickly.”
Without good legal advice, financial negotiations often become the part that takes the longest.
Understanding what is “fair” under family law requires looking at:
- Each party’s needs
- Earning capacity
- Housing requirements
- Pensions
- The length of the marriage
- Contributions (financial and non-financial)
We can help clients avoid the costly mistakes commonly made in DIY negotiations.
“We can file jointly — it’ll all be easy.”
Joint applications are a positive development, but they aren’t always advisable. We can help you weigh up whether a sole application might offer better protection, whether communication dynamics make a joint application risky as well as how costs and paperwork will be managed.
Joint applications are helpful — but they’re not automatically the best choice.
Need guidance about your situation?
No-fault divorce offers a more dignified way to separate, but it doesn’t remove the need for clarity, planning or legal protection.
If you’re thinking about divorce or already starting the process, early advice can help you avoid misunderstandings and safeguard your future. Book an appointment with us using the links below.
