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Home » Divorce » No-Fault Divorce

No-Fault Divorce

Under current legislation, couples must provide a reason for the irretrievable breakdown of their marriage.

No-Fault Divorce Solicitors in London

Under current legislation, couples must provide a reason for the irretrievable breakdown of their marriage. New no-fault divorces eliminate this step and allow couples to proceed with their divorce solely on the declaration that they wish to divorce.

No fault divorces aim to reduce hostility between couples, encourage mediation and protect the emotional wellbeing of any children. They will help all parties to move forward with their lives and maintain an amicable relationship for the benefit of the children.

Our offices are based in Harrow, London, but we provide ‘no fault’ divorce services to customers across the UK and overseas. Combining experience with specialist knowledge, our no-fault divorce solicitors are of the highest standards and have been accredited by the UK’s leading accrediting bodies.

Get in touch with our team to arrange an initial fixed fee consultation. We also offer video consultations.


How is a no-fault divorce different from the current divorce law?

The current divorce law in England and Wales states that to get a divorce, your marriage must have irretrievably broken down for any of the following reasons:

  • Your spouse has committed adultery
  • Your spouse has behaved unreasonably
  • Your spouse has deserted you for a continuous period of at least two years
  • You and your spouse have been separated for at least two years, and you both agree to the divorce
  • You and your spouse have been separated for at least five years

This reason must be confirmed or else the divorce can’t go ahead.

The new legislation allows couples to get divorced without having to confirm the reason for the irretrievable breakdown. Essentially, you can get divorced solely with the declaration that you want to get divorced.

How long does a no-fault divorce take?

The process will begin once you have given notice that your marriage has irretrievably broken down and you wish to divorce. 20 weeks after this date you will be asked to confirm whether your intentions have remained the same and you wish to proceed with the divorce. If yes, the courts will make a conditional order. 6 weeks after the conditional order, the courts can make a final order.

This makes it a minimum of 26 weeks to complete a no-fault divorce. No-fault divorces won’t come into effect until April 2022, so the earliest you will be able to get divorced is summer 2022.

How can I apply for a no-fault divorce?

You won’t be able to apply for a no-fault divorce until the new legislation comes into effect in April 2022. No official start date has been announced, and many of the specifics are still to be worked out by the government. However, the acceptance of your application will no longer be contingent on confirming the reason for the breakdown of your marriage. An application can be started and accepted on the declaration of divorce alone.

When do no-fault divorces come into effect?

The current plan is for no-fault divorces to come into effect in April 2022. However, no specific date has been set, and it is possible that the government postpones it beyond autumn.

What are the benefits of no-fault divorces?

No-fault divorces aim to mitigate the hostility involved in a divorce by removing the need to place blame on either party for the breakdown of the marriage. This should aid the divorce process by encouraging mediation and help the couple remain amicable during and after the proceedings. By mitigating hostility, no fault divorces also aim to reduce the emotional suffering of any children.

Watch our video to gain an insight into the inner workings of Goodwins Family Law Solicitors and how we can help you.

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