No-Fault Divorce in England and Wales Explained

Overview

Since 6 April 2022, divorce in England and Wales has followed a no-fault process. This means that a spouse does not need to prove adultery, unreasonable behaviour, or separation in order to obtain a divorce.

Instead, the applicant must make a statement that the marriage has broken down irretrievably. The court must accept that statement as conclusive evidence.

This change was introduced by the Divorce, Dissolution and Separation Act 2020 and has significantly reduced the role of blame in divorce proceedings.

Key Legal Considerations

Under the amended Matrimonial Causes Act 1973, either one spouse or both spouses jointly may apply.

The process is governed procedurally by Family Procedure Rules 2010, Part 7.

The main stages are:

• issue of the application;

• service of the application on the respondent, unless joint;

• a 20-week minimum period from the start of proceedings before the applicant may apply for the conditional order;

• the conditional order stage;

• a further 6-week minimum period before the final order may be applied for.

The court cannot normally oppose the divorce on the basis that the marriage has not broken down.

What Factors Are Usually Considered?

The court does not consider fault in deciding whether the marriage has broken down.

However, practical issues that may still matter during divorce include:

• children;

• finance and property;

• timing of the final order;

• whether there is a need to delay finalisation because of pension, inheritance or other financial concerns.

Common Mistakes or Risks

Common mistakes include:

• assuming no-fault divorce means all issues are resolved automatically;

• filing without considering financial claims;

• misunderstanding the difference between the divorce process and financial remedy proceedings;

• waiting too long to protect inheritance or pension rights;

• using the divorce to try to punish the other party.

What Happens If You Choose the Wrong or Inexperienced Solicitor?

A poor adviser may:

• conflate divorce with finance;

• use outdated terminology;

• fail to protect the client’s financial position before final order;

• create unnecessary conflict;

• miss procedural deadlines.

How Can Alstern Solicitors Help?

Alstern Solicitors can help clients navigate no-fault divorce with clarity and care, while ensuring related financial and children issues are managed in the correct legal forum.