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What is a 'no fault divorce'?

Wondering what a ‘no fault divorce’ is?

No fault divorce will allow couples to end their marriage or civil partnership without having to blame one and other for the breakdown of the relationship.  The new law which was due to be implemented on 6th April 2022 means that couples would no longer have to fit into one of the five grounds for divorce to be granted by a lawyer. 

So what does the upcoming change in law mean? 

The change will somewhat simplify the process of getting a divorce and will remove the option to contest the divorce. For all the changes, see below:

  • The option to contest the divorce is removed 
  • The parties involved will have to produce a statement of irretrievable breakdown – no blame is then apportioned from this 
  • The terminology for the divorce will be changed
  • With a no fault divorce there is a period of reflection, a minimum of 20 weeks from where an application of divorce is made to when a Conditional Order can be made. This provides a period of reflection for the parties to consider their decision. 

 

How long does a no fault divorce take? 

No one can apply for a no fault divorce until the law changes, when the law changes the process will be:

  • An application for a single or joint divorce is made
  • 20 weeks later, if the applicants decided to go ahead a conditional order is made by the court
  • 6 weeks the final order is made 

 

For a no fault divorce it should take roughly around 6 months.

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