Since 6 April 2022 the idea of a divorce being connected to the breakdown being one parties fault has been removed. Indeed, all previous options for proving that a marriage/civil partnership has broken down have been removed. What we have been given instead, is no fault and the ability to apply to the court for dissolution of a marriage/civil partnership either as a sole application or if parties want to, it can be applied for jointly.
Below are some important points to note, before getting an application underway.
HOW MUCH DOES IT COST FOR A NO FAULT DIVORCE:
An application (either sole or joint) will incur a court fee of £593 to HM Courts. Our costs for the divorce itself are fixed and are outlined on this page. Costs in relation to the financial aspect of the divorce are charged for separately.
HOW DOES A NO FAULT DIVORCE WORK:
All applications are now submitted online to the HMCTS Court portal. The process has been simplified and streamlined to enable anyone to easily complete the online questions and upload an application to be considered by the Judges.
WHO PAYS FOR A NO FAULT DIVORCE:
There is no longer a facility to claim costs back. Costs can be shared, provided agreement is reached between the parties on the issue.
HOW LONG DOES A NO FAULT DIVORCE TAKE:
From submitting the application to the court, there is a 20-week cooling off period, which is designed to allow parties to agree practical arrangements surrounding the separation. Once the 20 week period has expired a Conditional Order (previously called the Decree Nisi) is granted confirming your entitlement to a divorce. From the grant of the Conditional Order there is an additional 6 week and 1 day period before the Final Order (previously called the Decree Absolute) can be granted. Although there might be good reason to delay the application for the Final Order in some cases. Such as resolving the division of matrimonial assets.
WHAT IF I MY SPOUSE WON’T COOPERATE WITH A NO FAULT DIVORCE:
If it is a sole application, you can apply to the court for deemed service, if you can prove that your spouse has received notification of the application for example if they have acknowledged the existence in written communications with you. Or you will have to speak to a family specialist lawyer for guidance on the other options available to you. If it is a joint application, you will have to apply to the court to switch to a sole application, to move forwards with the process.
CAN YOU STOP A NO FAULT DIVORCE:
It is no longer possible to defend a decision to divorce, it can only be disputed on technical points eg: you were never married.
WHAT ARE THE CRITERIA FOR A NO FAULT DIVORCE:
In order to obtain a divorce, the application must contain a statement to confirm that the marriage has broken down irretrievably.
WHAT ARE THE BENEFITS OF A NO FAULT DIVORCE:
The process is designed to enable the parties to focus on resolving matters such as the living arrangements/spending time arrangements for children and the division of the matrimonial finances, as opposed to the previous allegations-based divorce procedure. In a more neutral and less adversarial manner.
WHAT HAPPENS TO THE FINANCES IN A NO FAULT DIVORCE:
The division of the matrimonial finances have to be dealt with separately to a no-fault divorce application. Please see our other articles on this issue.
WHAT HAPPENS TO THE ARRANGEMENTS FOR CHILDREN IN A NO FAULT DIVORCE:
These issues are dealt with separately to a no fault divorce application. Ideally, parents should try to come to an agreement between themselves. However, this is not always possible. Please see our other articles on this issue or speak to us for further information on this issue.
If you need any further advice or information then please contact us. We offer a one hour initial fixed fee consultation for £180 where we can discuss your options with you.
