No Fault Divorce comes into force as of 6th April 2022
Originally supposed to come into force in Autumn 2021, No Fault Divorce has now come into force as of 6th April 2022, signifying a momentous change to divorce law. The changes to legislation seek to reduce the animosity caused by having to assign blame for the relationship breakdown to one party in order to obtain a divorce or dissolution of civil partnership.
What is no fault divorce?
Previously, couples petitioning for a divorce or dissolution of their civil partnership were required to place the blame on one party for the failure of the marriage. They were required to give one of the following reasons for why they should be allowed to divorce:
- Adultery (does not apply for dissolution of a civil partnership)
- Desertion
- Unreasonable Behaviour
- Separation for at least two years (if the divorce is uncontested)
- Separation for at least five years (if the divorce is contested)
Now, No Fault Divorce is an option, meaning divorcing couples no longer need to blame one party for the relationship ending. This is likely to make negotiating the separation of finances and time with children much less uncomfortable in many divorce cases, by making the environment much less confrontational. We at Starck Uberoi are thrilled about this change, having campaigned in favour of it in 2017. Need family law advice? Our experienced solicitors are happy to provide you with a free initial phone consultation. For more information visit Family Law and Divorce.
What are the other changes to divorce law?
There have been a number of additional changes to divorce law seeking to make the process less antagonistic.
Joint divorce applications
Couples can now apply for divorce together, rather than one party having to petition against the other.
Updated terminology
A number of terms in divorce law have been updated as follows:
- “Divorce Petition” has been replaced with Divorce Application
- “Petitioner” has been replaced with Applicant
- “Decree Nisi” has been replaced with Conditional Order
- “Decree Absolute” has been replaced with Final Divorce Order
- “Defended Divorce Petition” has been replaced with “Disputed Divorce Application”
End of contested divorce
It used to be possible for the Applicant’s spouse to contest the divorce if they felt the reason provided was unfair. In the case of Owens v Owens, for example, Mrs Owens applied for divorce on the grounds of unreasonable behaviour, but the divorce application was contested by Mr Owens who had claimed that he and Mrs Owens could reconcile. Consequently, the divorce application was rejected, much to public outcry. Fortunately, it is now no longer possible to do this, even if a couple is divorcing on the basis of one of the above grounds for divorce. Someone wishing to divorce their spouse against their spouse’s wishes will no longer have to wait five years to make a divorce application, meaning fewer people will be trapped in marriages they don’t want to be in.
20-week “reflection period”
Divorcing couples are now required to wait a 20-week “reflection period” after submitting their divorce application before they will receive their conditional order. The reason for this change is to allow the couple time to make practical arrangements and prepare for negotiation before the next step in the divorce process.
Will a no fault divorce affect how finances are split?
There shouldn’t be any reason why a No Fault divorce should affect how finances and time with children is divided as part of a divorce. Even if one of the previous grounds for divorce was cited as the reason for the divorce, the reason would very rarely have an impact on the outcome of divorce proceedings. If anything, a No Fault divorce could have a beneficial effect on many divorce proceedings, as not needing to put the blame on either party reduces tension between the parties and can therefore make negotiation easier.
How do I get a no fault divorce?
The application process for divorce will be barely any different from the current divorce procedure, except that you and your spouse will be able to make a joint application. You can make your divorce application online or complete and send a form D8 by post to your local divorce centre. In order to make the application, you will normally need your marriage certificate (or a certified copy), your spouse’s full name and proof of name change if yours or your spouse’s name changed when you got married (though usually the marriage certificate will be sufficient proof). At the time of writing, the fee for a divorce application is £593. For divorcing couples citing desertion, adultery, unreasonable behaviour or separation as the reason for divorce, the fee will usually be paid by the person making the application, previously known as the “petitioner.” However, for couples making a joint application, the way in which the fee is paid will differ. Find out more about the basics of applying for divorce in our blog post How do I get a Divorce?
How can I safely divorce my abusive spouse?
The new legislation is excellent for those in abusive marriages thanks to the fact that the other party can no longer prevent them from leaving by contesting the divorce application. Understandably, however, you may still have some concerns for your safety. There are legal ways to protect yourself while you leave the relationship. You can apply for a non-molestation order which will make it a criminal offence for your spouse to contact you or come near you. Non-molestation orders can be made “without notice,” meaning they can be put into force without prior notice being given to your spouse and before a hearing, then a hearing will occur to decide whether the order is to be extended or set aside. Find out more in our blog post about Domestic Abuse and Legal Protection. You don’t have to face domestic abuse alone. You can call the National Domestic Abuse Helpline at any time of the day or night on 0808 2000 247 for free confidential advice and support. You can also look at the government website for more information about the services available to support you.
Are the rules different for dissolutions?
Civil partners can now seek a no fault dissolution just as a married couple can seek a no fault divorce. The rules are also the same for same-sex spouses or partners seeking a divorce or dissolution.
Do I need a divorce solicitor?
Even if you and your spouse or partner are still on good terms, it is important to obtain legal advice when deciding how your finances and time with children will be split. Obtaining legal advice can help you conduct informed negotiations with your ex-partner, as you will know what you need from your divorce and what you could legally be entitled to. We have Law Society Accreditation in recognition of the high-quality services we provide and have extensive experience handling a wide variety of different divorce cases.
How Starck Uberoi can help
We at Starck Uberoi are overjoyed to see such an important change to divorce legislation come into force, having campaigned in favour of no fault divorce in 2017. Our divorce lawyers have Law Society Accreditation in recognition of the high quality services they provide, and a reputation for consistently providing reliable support regardless of the complexity of the matter at hand. For more information, please see our Family and Divorce page. To book an appointment, please call 020 8840 6640 or email family@starckuberoi.co.uk. Our offices are located in Brentford, Ealing, London Belgravia and Canterbury, all within easy reach by bus or train. Our partner, Raminder Singh Uberoi, can also provide a Notary Public Service at any of our London offices.
Read more:
- Moving Away with a Child Following Divorce
- Transfer of Property to your Spouse
- Matrimonial Property Rights
- Legally Changing your Child’s Name
- Financial Remedy Proceedings
