Divorce & Dissolution

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The way you can Divorce changed on 6 April 2022. This followed the Divorce, Dissolution and Separation Bill receiving royal assent. This has changed the way you can divorce completely and favours a more non-confrontational and constructive approach to Divorce. 

It has taken over from the previous fault-led divorce and comes with several changes to include updated divorce terminology. For further information on changes to the divorce terminology, please visit our blogs section.

What is a no-fault divorce?

Under the ‘no-fault’ led divorce, neither party has to rely on one of the five grounds previously required to divorce and thereby neither is required to assign fault, removing a significant amount of acrimony that parties tend to face under the fault-based divorce. 

Prior to the introduction of the no fault divorce system, it had to be proven that the marriage had irretrievably broken down, together with evidence to support the conduct. Further, the party petitioning for the Divorce would have to rely on one of five grounds to divorce. This consisted of one or more of the following: 

· Unreasonable behaviour 

· Adultery 

· Two years separation with consent

· Desertion 

· Five years separation without consent 

The above approach led to much controversy as it caused unnecessary acrimony between divorcing couples due to the non-constructive and confrontational nature to the fault-based divorce system. 

Under the new no fault divorce system, neither party has to blame the other for the breakdown of the marriage and can simply proceed amicably on a no-fault basis. To obtain further information on the process and procedure please do not hesitate to schedule your free 15 minutes telephone consultation. 

How does the no-fault divorce system work?

One party to the marriage or couples jointly can provide a statement to support that their marriage has ‘irretrievably broken down’. Other than this, parties no longer need to rely on one of five grounds set out above to divorce, thereby there is no requirement to make allegations or provide evidence of conduct. 

The application for Divorce – formerly referred to as the Divorce petition is accepted on the statement alone. To obtain advice on how to lodge a no-fault divorce application, schedule your free 15 minutes telephone call by calling our offices on 020 7870 4868. 

Can my partner contest the no-fault divorce? 

Generally, a no-fault divorce can only be contested if concerns have arisen in respect of the validity of the Divorce or civil partnership i.e., that there was never a valid marriage in place, or the marriage has already been ended in another jurisdiction. 

In addition, if there are jurisdictional grounds. 

Are there any further changes under the no-fault divorce?

There is a statutory requirement to wait 20 weeks from the date of issue of the Divorce Application to then make an application for a Conditional Order (formerly referred to as the Decree Nisi – stage 2 of the divorce process). 

This is to allow parties a period of reflection and to engage in reconciliation or at least negotiation about the arrangements in respect children (where applicable) and the division of matrimonial finances. In the event you have not settled your matrimonial finances by way of a financial remedy court order before applying for a final order for your divorce, you risk your former spouse making a future claim on your finances and vice versa.

Matrimonial Finances

It is a common misconception that after obtaining a final order for divorce, it automatically addresses and settles the parties’ matrimonial finances. You should know that these must be handled separately and a further court order, known as a financial remedy order, is needed. These orders can be negotiated out of court, in which case, any financial agreements reached will need to be drafted by way of a consent order and approved by the court. Each party should have the benefit of their independent solicitors. 

Although we strongly discourage issuing court proceedings at FDA Solicitors, if voluntary negotiations are unsuccessful, the matrimonial finances are decided by the family court by way of a designated court process. 

We strongly encourage you to seek expert legal advice. 

Expert no-fault divorce solicitors

At FDA Solicitors, we offer pragmatic, concise and cost-effective legal advice. 

We can assist you across the spectrum in family law matters, whether it is in your divorce, financial relief (matrimonial finances), or child arrangements matter. 

Legal Costs - Fixed fee arrangements

We offer a fixed fee arrangement for our divorce services. We will agree to a fixed amount or provide you with an estimated fee for the work carried out on the specific matter. We understand that divorce is a stressful and emotional time and we endeavour to provide you with certainty and assist you to budget your legal costs with us.

You can get in touch with us to obtain advice by either completing an online enquiry form below. Alternatively, you can simply call our offices to schedule an initial free 15 minutes telephone call on 020 7870 4868.