What is No Fault Divorce & How Long Does it Take?

What is no fault divorce?

In April 2022 the law in relation to divorce (and civil partnership dissolution) in England & Wales underwent a major upheaval, and it is now the case that you do not need to give reasons, or lay blame, in order to get a divorce.

It allows couples to divorce more amicably if that is their wish.

Do both parties have to agree to a no fault divorce?

The agreement of your spouse is no longer necessary to obtain a divorce. 

How long does no fault divorce take?

No fault divorce takes a minimum of 26 weeks (6 months) from the date of your application. 

How much does no fault divorce cost?

The court fee for a divorce application is currently £593.  Your solicitor will be able to advise you as to the costs involved in resolving any associated financial or child arrangements.

No fault divorce process

The process is started by making an application to the Family Court.   Once your application is accepted, the court will issue proceedings, which will be sent to your spouse for acknowledgement, and after 20 weeks you will be able to apply for the Conditional Order. The last step is to obtain the Final Order (usually done at the 26-week stage) although you may be advised to delay that if there are financial issues to resolve.

It is also possible to make a joint application for divorce and it is sensible to take advice as to whether that is the right option for you before you issue any application to start divorce proceedings with the court.

For more information about the process, visit our divorce page.

Can you get a no fault divorce without a solicitor?

Yes, but it is recommended that legal advice from a family solicitor is taken at an early stage to ensure you understand your options and make the best decisions during a divorce.  This is particularly important if your divorce has an international aspect.

Legal advice should also be sought about a financial settlement and if there are any issues regarding arrangements for children.

Are there negatives in no fault divorce?

The process has become easier and, in a lot of cases, it is quicker. In some situations this is a positive, but in others, less so.

It doesn’t stop parties from making allegations of bad behaviour (or conduct) in other aspects of the divorce, such as the financial settlement, as explained below.

Another problem that is becoming more widespread is that couples are not taking legal advice and properly resolving their financial claims on divorce. That means that ex-spouses are coming back months down the line to make ‘new’ financial claims. It is vital to get the financial settlement drawn up by a family solicitor and made into a legally binding court order at the same time as applying for a divorce.

See our article on financial consent orders for more information.

How are assets divided in no fault divorce?

All of the financial circumstances of the parties to the marriage or civil partnership are assessed to determine what a reasonable and fair settlement should be.   The court in England & Wales will consider whether an equal division of the assets is appropriate, or whether there is a reason to depart from the principle of equality, such as to meet one party’s financial needs or to preserve non-matrimonial wealth for one party.

See our divorce settlement calculator.

Is there a financial settlement in no fault divorce?

All parties to a divorce or dissolution are entitled to a fair and reasonable financial settlement. Whether negotiated between the parties directly, or using solicitors or the court, a financial settlement should always be recorded in a legally binding court order. This is a separate process to the divorce or dissolution itself.

The parties record the the terms of a financial settlement in a written document called a draft court order, prepared by lawyers, setting out the details. This can easily be submitted to the court for approval.   If the parties cannot agree the terms of a settlement, financial remedy proceedings may be required, or other non court dispute resolution options considered.

If a financial court order is not made, the financial claims between the parties may remain live even after the divorce has been concluded. See our article on financial consent orders for more information.

How does the Family Court treat bad conduct in a divorce?

Even though the divorce process no longer requires allegations of ‘fault’, parties may still engage in bad behaviour towards the other.

Bad behaviour by one party is something the court will consider, whether in financial remedy or children proceedings, or on applications for personal protection if there is domestic abuse , but personal conduct along the lines of the old divorce definition of ‘unreasonable behaviour’ or ‘adultery’ are very unlikely to establish a conduct argument.   

There is a threshold test for conduct which differs depending on the nature of the proceedings in question.

Learn more about conduct in financial remedy cases.

What are the consequences of making false allegations in divorce?

The court can impose cost sanctions on parties who pursue arguments which are either without merit or turn out to have no bearing on the outcome.