No fault divorce: what you need to know

Divorce is never easy, but the process may be a little easier with the no fault divorce law.

The previously archaic system has been updated to remove the ‘blame game’ culture many are familiar with.  

Learn everything you need to know about the no fault divorce rules below.

What is no fault divorce?

No fault divorce laws mean that married couples have the power to start divorce proceedings without having to apportion blame for the breakdown of their marriage.

No fault divorce was introduced as part of the changes to the Divorce, Dissolution and Separation Act.

These changes mean neither partner will need to place culpability or separate for at least two years (which increased to five if one party did not consent). 

The previous law was set out in a statute passed in 1973 when societal attitudes to divorce were fundamentally different to how they are now, around 50 years later.  

When did no fault divorce become law?

No fault divorce came into effect on 6 April 2022 when it officially became a viable option for couples looking to separate.

What are the details of the divorce law changes? 

No fault divorce laws mean that instead of attributing blame to one party, a couple can mutually cite the ‘irretrievable breakdown’ of their relationship as grounds for wanting a divorce. 

This can be done in a joint statement or by an individual. Either spouse can provide a statement saying their marriage has broken down without having to provide any evidence about bad behaviour.  

Along with making the divorce process less painful for separating couples, no fault divorce will also help to prevent victims of domestic abuse being trapped by spouses contesting a divorce.

Such tactics have long been a tool for domestic abusers as a way of exercising further coercive control through legal means. Under the no fault divorce law, the ability to contest a divorce has been removed. 

The focus on ending the ‘blame game’ will help curb scenarios in which the law heightens conflict in a fragile relationship, particularly when it comes to dealing with other issues that inevitably arise from a marriage's breakdown.  

It’s worth being aware that the new law will not impact the financial settlement process, which remains separate. 

When can I apply for a no fault divorce? 

A couple can file for a no fault divorce once they have been married for at least 12 months, regardless of whether or not both parties agree. Either one or both parties can apply.  

The Divorce, Dissolution and Separation Act also introduced a minimum timeframe of 20 weeks between the start of proceedings and when individuals can apply for a conditional order of divorce.

This gives the couple time to reflect and potentially make amends, or where reconciliation isn’t possible, time to agree on important future arrangements regarding children, finance and property.  

How much does a no fault divorce cost? 

The court fee to issue a divorce application is currently £593 in England and Wales.

If you instruct a solicitor to handle the process for you, this may be done at an hourly rate or on a fixed-fee basis.

This is certainly advised, as embarking on divorce proceedings without sound legal advice could have untold financial implications further down the line.  

If you’re concerned about the cost, you may be able to get money off court fees if you either receive certain benefits or have a low income.

How long does a no fault divorce take?

Under the Divorce, Dissolution and Separation Act, the government set a 20-week reflection period as a minimum and a further six-week wait to end your marriage.

This means, in total, a no fault divorce should take approximately six months to complete. 

For some, there is concern that easier access to divorce applications may tempt couples to move through the process too quickly, and the situation could be even riskier if individuals decide not to use legal representation to make their initial application.

While doing so will save money, it could see couples initiating and concluding their divorce proceedings without considering the legal ramifications surrounding financial settlements, property and insurance matters. 

Getting financial advice is vital before getting a divorce. Unbiased can quickly connect you with a qualified financial adviser.