It’s natural to have lots of questions about the process, including what impact divorce will have on your home, possessions and finances. And if you have children, you’ll want to know how to make the right decisions for them too.
QualitySolicitors J A Hughes try to deal with divorces or dissolution of civil partnerships as amicably as possible.
Divorce also covers a vast range of circumstances – from everything being completely agreed through to difficult court proceedings. Our divorce lawyers are experts and can help whatever your position.
In April 2022, No Fault Divorce was introduced, meaning couples no longer need to allocate blame or a reason for the separation, you can simply make a declaration together saying that the relationship has broken down.
No Fault Divorce
Here we answer some of the more common frequently asked questions related to No Fault Divorce.
Can a couple jointly apply for a no fault divorce?
Yes. A couple can apply for a no fault divorce singly or jointly. Previously one spouse had to issue divorce proceedings against the other.
The new law doesn’t change that a solicitor can only act for one of you in any child or financial arrangements.
There might be the need to consider what would happen if one of you changes your mind due to a breakdown during discussions on child or financial arrangements.
No Fault Divorce process
There are two ways of making an application under the ‘no-fault’ procedure:-
1. Single application – whereby you make the application yourself as the ‘Applicant’ and your spouse will be the ‘Respondent’
2. Joint application - wherein you and your spouse apply together as ’Applicant 1’ and ‘Applicant 2’
- There is only one ground of divorce under this procedure, being the irretrievable breakdown of the marriage. This differs from the old law whereby you had to provide reasons why.
- Once the divorce application is issued, your spouse will need to complete an Acknowledgement of Service and return the same to the Court.
- From the date of the issued divorce application, there will be a waiting period of 20 weeks (known as the cooling off period) which will apply until you can apply for the first divorce order (known as the Conditional Order). During this period, many people try to deal with the financial aspects of their marriage with the goal of obtaining a financial order by consent (Consent Order) or an order decided upon by the Court.
- Once Conditional Order is granted by the Court you must wait for a period of 6 weeks and 1 day until you can apply for your Final Order of divorce which legally ends your marriage
- The minimum length of time to obtain a No Fault Divorce will be approximately 6-8 months.
Please note however that when going through divorce proceedings it is imperative that you speak to a legal adviser regarding how to deal with the financial aspects of the marriage. This is because there are a number of misconceptions surrounding the law of divorce and matrimonial finances.
Can you contest a no fault divorce?
No, you cannot contest a no fault divorce.
Although a no fault divorce cannot be contested, the terms of the divorce can, for example, financial arrangements and arrangements for children. In this case terms may be agreed or failing that can be decided upon by the Court.
What happens about the parenting arrangements and finances?
You will need to reach an agreement on how the arrangements for parenting and how the assets and finances are agreed whilst living separately as these are separate parts of your divorce and are not covered under the no fault divorce law.
If you are having difficulty on coming to an agreement between yourselves then we can assist you in this respect.
How much does a no fault divorce cost?
A no fault divorce may be less costly than the previous divorce process because it is less contentious. It is hoped that more amicable agreements can be reached more quickly so outcomes are less expensive.
Arrangements for children and matters relating to property and finances will still need to be agreed.
We offer a range of divorce services so you can choose what best suits your circumstances.
Divorce can be very stressful and we believe choosing and using a lawyer shouldn't add to that stress. We offer a range of services, putting you in control – all provided by local, expert lawyers.
Why not take advantage of our Ask the Lawyer appointment at £200 (inclusive of VAT). If you have questions or concerns about how the law applies to your situation or problem then this service can help you with one-to-one friendly advice and guidance during an appointment of up to 45 minutes of expert advice. If you are looking to obtain some advice but don’t want to actually instruct a lawyer to take on the case, at least not yet, or you want some guidance on your position then this may be the option for you.
Alternatively, our lawyers can represent you in obtaining your divorce from start to finish, with on-going advice and support throughout provided in-person. Please contact us on 01446 411 000 to discuss our services and funding options further.