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Advice for you

No-fault divorce

Our specialist team of bright family solicitors can help guide you through your no-fault divorce. We are experienced in providing tailored sympathetic advice to clients faced with complex financial and emotional situations.

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No-fault divorce became law in April 2022, allowing people to solely or jointly apply for divorce without blaming their partner for the relationship breakdown.

Divorce is always a difficult step to take. You’ll likely have concerns regarding your financial, property and child arrangements.

At Frettens, we aim to address these concerns. Our specialist no-fault divorce solicitors are experienced in providing pragmatic advice for both sole and joint applicants in plain English.

We can help you with:

  • No-fault divorce, sole & joint applications
  • Collaborative Law
  • Civil Partnership Dissolution
  • Cohabitee disputes
  • Children disputes
  • Financial disputes
  • Pre-nuptial agreements
  • Cohabitation agreements

Free initial appointment

We offer all new clients a free initial appointment with one of our bright, down to earth family solicitors.

During this chat, we’ll discuss the circumstances of your divorce with you and provide you with some insight into the divorce process.

To speak with one of our friendly family solicitors, call us on 01202 499255 or fill out the form at the top of this page.

Find out more about no-fault divorce

We've written a selection of articles to help you find out more about no-fault divorce:

If you still have questions on no-fault divorce, try looking through our FAQs section below..

 

    What is no fault divorce?

    No fault divorce is a divorce which, unlike ‘fault based’ divorce, doesn’t require evidence of wrongdoing by either party.

    Fault based divorce (which is coming to an end in April) required one party to provide evidence of conduct or separation facts against the other. 

    This will no longer a requirement going forward, thanks to the introduction of no fault divorce.

    How does no fault divorce work?

    One party, or both parties jointly, can provide a statement that the marriage has ‘irretrievably broken down’.

    There is no need to make allegations or detail conduct.

    The Divorce Application (previously the petition) is based on this statement alone.

    Learn more about joint applications here.

    Can a no fault divorce be contested?

    Crucially, under the new process, there is no ability for the other Party to defend the Divorce. 

    One of the key reasons for this change is that the ability to defend a Divorce allowed domestic abusers to exercise further coercive control over their victim. 

    Following these changes, the Divorce can only be disputed on Jurisdictional grounds, on the validity of the Marriage or civil partnership or fraud and/or procedural compliance.

    Read more about the process and timings involved in no-fault divorce here.

    What further changes will no fault divorce bring in?

    There is also now a statutory delay between the date of issue of the Application and the application for a Conditional Order (this was formerly referred to as the Decree Nisi). 

    This delay is a deliberate policy to allow a meaningful period for reflection and the chance for both parties to:

    Turn back if they wish to do so, or

    Make arrangements for the future for the benefit of their children if any and for financial issues (when divorce is inevitable)

    Learn more about the terminology changes in the new law here.

    How long does a no-fault divorce take?

    A no-fault divorce, from application to finalisation, should take roughly 6-7 months to complete.

    In the full article we’ve provided a further breakdown of the timings involved in a no-fault divorce. Click here to read it.

    Can both parties file for divorce?

    Yes – under the Divorce Dissolution and Seperation Act 2020, both partners can apply for a divorce together.

    This is known as a joint application.

    (Single applications by one party will still be available).

    Read about joint divorce here.

    Can I do a no-fault divorce myself?

    In short, yes. Under the new law, you will still be able to do a divorce yourself online through the gov.uk website.

    Due to the introduction of no-fault divorce and change in divorce law, we expect more and more couples to look at DIY/online divorces going forward.

    However, do it yourself divorce does have its drawbacks and won’t be suitable in all circumstances.

    Read the pros and cons of DIY divorce here.

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