No-fault divorce: The process unpacked
A little over three years ago on 6 April 2022, the UK saw the introduction of “no-fault” divorce, which marked the most significant change in matrimonial law in 50 years. The aim was to simplify the process and remove the need to assign blame for the breakdown of a marriage. This change was designed to reduce conflict and emotional strain during what is often a difficult time.
Whether you're just starting to think about divorce or have already decided to proceed, understanding the process can help reduce stress and confusion. Below is a step-by-step guide to how it works.
1. Apply for divorce
The first step of the divorce process is to complete a Divorce Application using the governments online portal. The application can be made jointly or solely and requires the applicant(s) to confirm that their marriage has broken down irretrievably as well as to provide details regarding their contact information and upload the marriage certificate. At the time of writing there is a court fee payable of £612 for filing an application for divorce.
2. Acknowledge the application
Once the application has been submitted, it will be checked by court staff and issued. If the application has not been made on a joint basis, then the other spouse will be notified of the divorce and asked to acknowledge receipt. The spouse receiving the Divorce Application will have 14 days to respond to the court.
3. Cooling-off period
After the application is acknowledged the spouses will enter a 20-week cooling period which starts the first day after the application was issued. The cooling period was incorporated into the new divorce process to give spouses the time to reflect and to consider possible reconciliation. Alternatively, if reconciliation is unlikely then now is the time to start discussions around the financial arrangements.
4. Apply for Conditional Order
Once the 20 weeks have elapsed and there are no objections the applicant is able to apply for the Conditional Order (previously known as the Decree Nisi). This is a formal statement from the court confirming that there is no reason why the divorce cannot proceed. However, you are still legally married at this stage.
5. Six-week wait
Following the granting of the Conditional Order then there is a mandatory six-week wait before the Final Order in divorce can be applied for. It is at this point that if a financial agreement has been reached that this should be submitted to the court for its review and approval.
6. Apply for Final Order
The last step of the divorce process is to apply for the Final Order (previously known as the Decree Absolute) once the six-week period has passed. The Final Order legally brings the spouses marriage to an end and allows both spouses to re-marry should they wish to do so.
Important note: Except in limited circumstances, it is strongly advised not to apply for the Final Order until a legally binding financial agreement has been approved by the court. This protects both parties from future financial claims.
Other key considerations
While the divorce process is now more straightforward, there are still important issues to be aware of:
- The divorce itself does not resolve financial matters. These must be dealt with separately, even though they often run alongside the divorce process.
- Issues such as property, savings, pensions, debts, and other assets or liabilities are not automatically addressed.
- It’s essential to seek legal advice to ensure that financial claims are properly dismissed, protecting both parties now and in the future.
Need Advice?
If you’d like to learn more about the divorce process or how to handle finances during divorce, our friendly team at Couchman Hanson Solicitors is here to help.
We offer a free 15-minute initial consultation with no obligation. You can contact us at:
📞 01428 774756
📧 enquiries@couchmanhanson.co.uk
Our offices are located in Haslemere, Farnham, Camberley, and Crowthorne.