No fault divorce female ripping apart a photograph

Legal news

An end to the blame game with 'no-fault' divorce

Wendy Campbell

6 Apr 2022 2 min read

This blog is more than 4 years old

It is finally here, 6th April 2022, the date that many family lawyers have been waiting years for. From this date forward parties will no longer have to attribute blame to the other person in order to achieve a divorce. No-fault divorce (after years of campaigning for it) has arrived.

Grounds for 'no-fault' divorce

The grounds for divorce remains the same, irretrievable breakdown of the marriage but the five facts, which were adultery, unreasonable behaviour, desertion, 2 years separation with consent and 5 years separation, have gone. If you are of the view that your marriage or civil partnership has irretrievably broken down this is now all you need to present your application for a divorce to the court. This can be done either as an individual or jointly with your partner.

Changes to divorce law

Divorce law terminology

The “divorce petition” is replaced by the "making of an application to the court for a divorce".

Instead of a “Decree Nisi” you will be given a "Conditional Order".

The “Decree Absolute” is now called a "Final Order".

Divorce timeline

The period from the date of the application for a divorce through to the making of the Conditional Order will take a minimum of 20 weeks. There is still the minimum period of 6 weeks between the Conditional Order and the Final Order to allow for “cooling-off”, a period of reflection. It also allows time for other matters such as the children arrangements and financial matters to progress, hopefully amicably.

Divorce process

Divorce proceedings can no longer be contested by the other person, which again aids to reduce stress particularly in cases of domestic abuse.

As there is now an end to the blame game, it is hoped that parties are able to resolve children and financial matters without the hostility that has existed from the filing of adultery and unreasonable behaviour petitions.

So, whilst divorce and the ending of civil partnerships is a very difficult time for all concerned it is now hoped that the divorce process will be less harmful to relationships and children.

No-fault divorce does not affect financial commitments to each other and it is important that legal advice is obtained when seeking to resolve the finances.

Contact our Leeds based Family and Divorce Solicitors on 0113 320 5000, or email today via family@winstonsolicitors.co.uk.

Client feedback

Harriet Reid dealt with my divorce aided by her excellent assistant Judith Pearson. Both Harriet and Judith were incredibly quick to respond to any questions or concerns I had during the process. I found Harriet to be ideal for me to talk to as she was direct enough to be able to explain what was happening in "plain English" rather than "legal jargon" and to point out the actions I should and shouldn't take. The process is extremely emotive and a calm understanding advisor is essential.

Richard

I chose Winston Solicitors following a strong recommendation from a close friend, and I have been extremely impressed with the service I received throughout both my divorce proceedings and house sale.A special thank you goes to Teresa and Emily in the Family Law team, who were outstanding from start to finish. Teresa consistently kept me informed about costs and the next steps in the process, which I found incredibly reassuring during what was a very challenging time. Her knowledge, expertise, and professionalism were exceptional, and I am extremely grateful to have had her representing me throughout. Emily’s communication was excellent; she was always prompt, professional, and supportive. Together, they provided guidance and reassurance that made a difficult situation far more manageable.I would also like to thank Laura and Amanda in the Conveyancing Department for their excellent work on my house sale. Their professionalism, efficiency, and attention to detail ensured that everything progressed smoothly from beginning to end.I am genuinely grateful for the support I received from everyone involved and would highly recommend Winston Solicitors to anyone seeking expert legal advice and representation. Their dedication, communication, and client care were outstanding throughout.

Jason

During such a difficult and stressful time I found Winston Solicitors excellent. I worked with Wendy throughout my divorce she was incredible, supportive, hard working and extremely knowledgeable. No question was too silly , no problem was too great for her. I trusted her advice 100% and was more than happy to take her lead. She held my hand every step of the way and for that I will be forever grateful. I have already recommended her to others and will continue to do so. I wouldn't hesitate to use Winston Solicitors in the future

Louise

I am extremely grateful for the support and guidance I received throughout my financial consent order process.Wendy was direct, practical, and very human in her approach. She handled my matter personally, which made a huge difference. I did not feel like I was being passed between assistants or treated like just another case. I felt properly listened to and supported.This was an extremely stressful process for me, but I trusted Wendy completely. Her advice was clear and realistic, and she helped me understand what mattered and how best to move forward.The wording she used in my consent order was particularly strong. She understood my situation accurately and phrased it in a way that clearly explained the reality of the marriage and the financial arrangements. I believe this careful and intelligent wording helped the court understand the case properly and approve the order.I recommend Wendy very highly. She made a very stressful process feel less overwhelming and helped me achieve the outcome I needed.

Anna.

Very professional put me at ease straightaway very helpful I would definitely use Winston’s again and would recommend them to family and friends

Shirley

Harriet Reid went above and beyond throughout the whole process. Her patience, professionalism and impeccable handing of the matter made a stessful situation much easier to bear. Her advice was spot on at all points and the proactive approach was much appreciated. I would not hesitate to recommend Harriet and her team and cannot thank them enough for their support and guidance from start to finnish.

Lisa

Harriet dealt with my problem swiftly and efficiently. I would award her more stars if I could.

Jane

Extremely helpful, efficient & worked within extreme tight deadlines.

Ian