No-fault divorce FAQs

The law on ‘no fault divorce’ (also called ‘no blame’ divorce) changed on April, the 6^th, 2022, and the new divorce law in the UK has raised a lot of common questions among people about ‘no fault divorce’ (UK).

We have dedicated this entire section to No Fault Divorce, so there is a good chance you’ll find answers to common questions. However, if you still have questions, enquiries, or concerns, please contact us to learn more.

• Who is eligible for a ‘no fault’ divorce?
• What is the process to get a no fault divorce in the UK?
• How long does a divorce take in the UK (no fault)?
• How is a ‘no fault’ divorce different from a traditional divorce?
• How do I know if a no fault divorce in the UK is right for me?
• Do I need a solicitor for divorce proceedings in the UK (no fault or otherwise)?
• What if I want my former spouse to pay some of the costs of a no fault divorce?
• What is a financial consent order and when can I lodge one?
• What am I entitled to in a divorce?
• How long does a divorce take in the UK?
• How does a divorce work?
• Is getting a divorce in the UK easy?
• What is a ‘no blame divorce’ in the UK?
• How long does a divorce take if one party doesn’t agree in the UK?
• How long do you have to be separated before divorce?
• Should I get a divorce? Are there other options I should explore first?
• How can I get an ‘easy’ divorce?
• What are my divorce rights as a UK citizen?
• How long do you have to be separated before divorce in the UK?
• How many types of divorce in the UK are there?
• Can you get divorced without a solicitor?
• Do I pay less tax if I am divorced?
• Can I get a divorce after 20 years’ separation in the UK?
• How long after a Conditional Order are you divorced?
• Does my husband have to pay for my divorce lawyer in the UK?
• When can I contest a divorce?
• Can I apply for a divorce online in the UK?
• Are there any problems with a no-fault divorce I should be aware of?

Who is eligible for a ‘no fault’ divorce?

Anyone entitled to get a divorce in England and Wales is eligible to apply for a no fault divorce in the UK. However, English and Welsh courts must have the necessary jurisdiction to process your case.

Generally speaking, you can get a divorce online in the UK or in-person if either you or your spouse reside here or are domiciled here. So, you don’t have to be a British citizen to get divorced according to current divorce law in the UK. This holds true even if you got married in another country.

With the above in mind, a no fault divorce may require specific factual and legal criteria, which is something our specialist divorce lawyers can assist you with.

What is the process to get a no fault divorce in the UK?

While specific legal criteria may apply from jurisdiction to jurisdiction, the same process broadly applies in most cases:

1. One or both the parties give legal notice that the marriage is irrecoverable, and this is done via an application.
2. Following 20 weeks after the submission of the application to the court, the applicant confirms that he/she wants to proceed with the divorce by filling out another application for a Conditional Order.
3. The court proceeds to make the Conditional Order.
4. Six weeks after this, the court makes a Final Order, and this effectively terminates the marriage.

How long does a divorce take in the UK (no fault)?

It will, more or less, take at least 26 weeks for the entire process to begin and end. It may, however, take longer on account of administration processes and overall processing time.

You can always apply for an online divorce or go down the traditional route by filling out a physical paper-based application.

How is a ‘no fault’ divorce different from a traditional divorce?

Under the traditional UK divorce law, your marriage needed to have been irretrievably or irrecoverably broken down. In order to demonstrate this to the court, you must conform at least one of the following:

• Your spouse committed adultery – i.e. the act of engaging in sexual intercourse with a person other than your spouse and of the opposite gender (your wife, for example, being sexually involved with another woman does not qualify as adultery). This does not include acts such as kissing, touching, or other acts of intimacy, lust, or desire not involving intercourse.
• The other person/your spouse behaved in a way that you can no longer (reasonably) live with them at this point.
• You have been separated from your spouse for 2 years and he/she has agreed to get divorced.
• You have been separated from your spouse for 5 years.
• Your spouse has deserted you for at least 2 years.

While the above criteria answers some questions around “what are the grounds for divorce in the UK”, it no longer applies to no fault divorce (UK). The current UK no fault divorce law works slightly differently – for starters, the application now has a statement which allows you to confirm that the marriage has broken down indefinitely and irrecoverably. You can also apply yourself now on your own or apply jointly with your spouse.

The only ground on which either party can object to the legal divorce proceedings is when the marriage has broken down irretrievably, which makes the overall no-fault divorce or “no blame divorce” process simpler, as well as more predictable and straightforward. Furthermore, under the new no fault divorce UK law, there is a minimum 6-month waiting window, which means it is no longer possible to take a divorce in under 6 months.

The legal language used to refer to matters pertaining to getting divorced in the UK has also changed:

• Application instead of ‘divorce petition’
• Applicant instead of ‘petitioner’
• Conditional Order instead of ‘Decree Nisi’
• Final Order instead of ‘Decree Absolute’

If any of these new UK divorce laws and terminology sound confusing, please don’t hesitate to contact our friendly divorce solicitors.

How do I know if a no fault divorce in the UK is right for me?

While the reasons for divorce in the UK may vary a lot from couple to couple, the decision to end your marriage is, naturally, your own sole decision, and not your solicitor’s. With that said, divorce can have long-term implications on your personal life so it’s always a sound idea to consult a ‘no fault divorce’ solicitor beforehand.

Additionally, timing can greatly affect the outcome of the divorce and how it impacts you in the long term. For example, under certain circumstances, it may be best to wait and see how things pan out, or it may actually be favourable to separate for some time from your spouse before seeking a divorce, as many couples tend to settle their differences after spending some time on their own. A specialist divorce and family law solicitor can help you better understand ‘what are the grounds for divorce in the UK’ and, ultimately, whether you stand to benefit from a no fault divorce or not.

Finally, you and/or your spouse may have family, assets, and property outside the UK, so you need to think carefully whether you want to get divorced and absorb the divorce cost in the UK or abroad. Discuss all of this with a divorce solicitor at the earliest because the country you get divorced in can potentially have a huge impact on the financial settlement following divorce (no-fault or otherwise).

Do I need a solicitor for divorce proceedings in the UK (no fault or otherwise)?

Let’s first understand that starting a divorce in the UK can have major implications for you and your family, both in the short and long term, and that’s whether you reach a fair agreement with your spouse or not. It’s an emotionally challenging time for everyone involved, so naturally, you’ll find yourself considering the practical implications, such as who pays the bills, who will be making the living arrangements, and who’s going to be looking and providing for the children.

Getting divorced means you’ll have to deal with largely unavoidable legal consequences. For instance, the divorce will impact your legal status, meaning that your pension entitlements and tax position might change. Seeking the advice of a divorce lawyer ensures that your interests and financial position are well-protected, whether you are thinking about taking a divorce or have already begun proceedings.

The legal and practical consequences of divorce can be far-ranging, especially when it comes to financial settlement and making arrangements for your children. Our friendly family and divorce lawyers at Hugh James can support you in reaching an agreement that works ideally for both parties. Even if you and your spouse don’t agree on certain matters, our no fault divorce solicitors can represent you in court/arbitration to help you swiftly gain closure and reach a conclusion that’s beneficial for both parties.

What if I want my former spouse to pay some of the costs of a no fault divorce?

Under the current ‘no fault divorce’ legislation, the court decides how to make a costs order. So, in practice, the only grounds where your spouse may pay some of the costs is when there are jurisdiction issues involved or the validity of the marriage is in question.

All in all, the circumstances under which a British court would produce a costs order for divorce are now quite limited, so you may likely end up paying all of the costs.

What is a financial consent order and when can I lodge one?

A financial consent order is a legally binding document which describes how assets are to be divided between you and your ex-spouse. It is also referred to as a ‘clean break order’.

A UK court may only make this order regarding both parties’ finances once the conditional order has been made as part of the divorce proceedings. And, after the financial settlements have been finalised, you can go ahead and lodge a consent order.

What am I entitled to in a divorce?

It’s worth noting that there are no guaranteed entitlements as such although here’s what you may be entitled to following a no-fault divorce in the UK or otherwise:

Assets – This includes property such as a share of the family home or other asset/property; pensions as you may receive a share of your spouse’s pension; savings and investments as you may be entitled to receive a lump sum payment through a joint savings & investments account, and; life insurance where you may get a share of the life insurance policy payouts.

Maintenance – This includes spousal and child maintenance. In the former, if there is a pay or earning disparity between the two parties, one party might be asked to pay maintenance in order to support the lower-paid spouse, provided the higher earner has sufficient funds to mee their own needs.

Liabilities – This includes loans, debts, and credit card payments which all need to be factored into the divorce settlement.

Non-matrimonial assets – This includes businesses, inheritance, and assets owned prior to the marriage and are typically not subject to division.

Court process – UK courts always strive to conduct a fair and balanced split of wealth/assets. Any attempts to conceal wealth or assets can lead to a consequences from the court.

It is always best to consult a divorce lawyer in order to better understand how the above factors can affect the financial settlement and general outcome of the divorce.

How long does a divorce take in the UK?

A no fault divorce in the UK (or otherwise) can take up to 7-8 months but this is for an uncontested divorce. The total length depends on whether there is a financial settlement involved and how complex the case is. A contested divorce, for example, may take up to 12 months or more although it is not unheard of for contested divorces to last years.

How does a divorce work?

There are three stages of a divorce in the UK:

Cooling-off stage – This is the mandatory 20-week ‘cooling off period’ once a divorce application is made, allowing the couple to reconsider their decision.

Conditional Order – Once the court issues a Conditional Order, there is no legal ground for the couple not to proceed with the divorce. Financial agreement can be made binding at this stage.

Final Order – Once the applicant receives the Conditional Order from court, he/she can apply for a Final Order 6 weeks and a day (or 43 days) after having received it. This is the final legal document which confirms the termination of the marriage.

Is getting a divorce in the UK easy?

Well, let’s be fair here: getting a divorce in the UK is no easy feat and should not be considered “easy” as such, as there is a legal process which mandatorily requires the applicant to go through a waiting period. This may either be beneficial, if the couple wants to reconsider their decision, or can add to the emotional trauma, if they want to hastily get divorced in order to move on with their lives. Furthermore, while the divorce process itself in the UK is now considered ‘no fault’, going through the financial arrangements and child custody matters can be both time-consuming and complex as well as emotionally draining.

This is why the vast majority of people consult a ‘no fault’ divorce lawyer to help them navigate the complexities of divorce. With that said, even a fairly straightforward divorce here in the UK may take several months to finalise during which you should consult your solicitor frequently on the next steps, and try to remain as patient and positive as possible!

What is a ‘no blame divorce’ in the UK?

A no blame divorce is another term for a ‘no fault divorce’, pointing to the same thing essentially: a couple has the freedom to legally end their marriage without blaming each other. So, this means they don’t need to cite reasons, such as unreasonable behaviour or adultery, for example, to establish grounds for a divorce.

How long does a divorce take if one party doesn’t agree in the UK?

Even if one party does not agree to the settlement terms, divorce proceedings in the UK still take a minimum of 6 months and that’s due to the initial cooling off period and application process. With that said, the process can go well beyond 6 months if the other party contests the divorce (which is incredibly difficult process), which can cause delays in the proceedings and financial settlements.

How long do you have to be separated before divorce?

In England and Wales, you are no longer required to be separated for a specific timeframe before getting divorced but must be married at least 1 year. This is due to the ‘no fault divorce’ law which has been effective since April 2022.

Should I get a divorce? Are there other options I should explore first?

You should only consider divorce if you believe your marriage has broken down beyond repair and the only option left now is to end it. However, you should carefully think this through before proceeding as divorce is not only permanent but it is also public. You cannot undo the aftermath that follows. Therefore, always consider the implications before seeking a no fault divorce, such as:

• The time it might take for the process to come through; it could take anywhere between a few months to a few years, depending on how complex your case is, how agreeable the other party is to the settlement terms, and what’s at stake.
• You also need to consider the impact this could have on your finances, especially in the long term.
• You should consider the impact it may have on your children and what kind of parenting arrangements you might need to make.

Divorce is a major life decision. Before taking legal action, it is best to consult a divorce solicitor who can best guide you on how to proceed – this may include counselling and reconciliation, or divorce only as a last resort.

How can I get an ‘easy’ divorce?

Let’s be completely honest and transparent here:

There is no such thing as an ‘easy divorce’. Divorce is not an everyday task you can undertake on a DIY basis. In the vast majority of cases, you need to consult a divorce solicitor which can definitely make things easier, smoother, and practically hassle-free for you, as you’ll know what to expect, how long it might take, what the costs might be, etc.

Rather than attempting to fast track your way to a divorce, always take the time to consult a solicitor who can help you carefully consider all your options before making a major life decision.

What are my divorce rights as a UK citizen?

As a UK citizen, you have the following divorce rights:

• File for divorce if your marriage has broken down beyond repair (called irretrievably broken down) after a minimum of one year of marriage.
• This allows you to divide marital assets with your spouse such as property and finances.
• It also allows you to make child arrangements. Which also can be made without being married or divorced.
• If you cannot come to an agreement among yourselves on the above, then the court will decide such matters on your behalf.

In any case, it is always a good idea to seek the advice of an experienced divorce solicitor who can help guide you through the process, whether you have decided on divorce or not as of now.

How long do you have to be separated before divorce in the UK?

As per current UK family law, there is no minimum separation period before a couple can get divorced. You can only make an application for divorce or dissolution if you have been in your marriage or civil partnership for at least one year.

How many types of divorce in the UK are there?

Moving forward from April 2022, there is now only one type of divorce in the UK and that’s called a ‘no-fault divorce’ or ‘no blame divorce’. However, as some people are still accustomed to traditional divorce terms, they tend to refer to divorce as “different types”, for example:

• No fault divorce – This refers to a divorce where neither party assigns blame to the other one. Also referred to as a no blame divorce.
• Uncontested divorce – This is a divorce where both parties agree to the settlement terms and, therefore, don’t go to court.
• Contested divorce – This is where one or both parties disagree on the terms, such as division of assets or child arrangements and must, therefore, go to court for settlement.
• Annulment – This is a legal procedure which declares a marriage “null and void”.
• Civil partnership dissolution – This is similar to divorce but between civil partners.

Can you get divorced without a solicitor?

Yes, you can get divorced without a solicitor in the UK – it’s called a DIY divorce but this may only be feasible if your separation is uncontested and amicable. Most divorces can get complex, especially when settlement and child arrangement issues arise. With that said, you need to meet certain eligibility criteria in order to get divorced without a solicitor.

No matter which route you end up taking, speaking to a divorce solicitor can not only help you move forward with legal proceedings in a smooth manner, but also make you stop and think about other viable options like reconciliation or compromise.

Do I pay less tax if I am divorced?

Well, married couples are taxed separately and, therefore, getting divorced should not have any specific or undesirable impact on your income tax position.

However, it’s important to understand that careful consideration must be given to the income tax consequences, should any income-generating assets be transferred to your ex-spouse as part of the divorce settlement. You also will need to consider Capital Gain Tax if assets are sold as part of a settlement.

Can I get a divorce after 20 years’ separation in the UK?

There is a little bit of confusion around this question as some people believe that they are automatically and legally divorced after living separately for 20 years. This is not true. Irrespective of how many years you’ve been separated for, you must still apply for a divorce through court.

How long after a Conditional Order are you divorced?

As per current no fault divorce UK law, you need to wait for at least 6 weeks and a day (43 days in total) once a Conditional Order has been granted, before you can forward your application to end the marriage. This is when you go to court to apply for a Final Order, which effectively dissolves the marriage.

Does my husband have to pay for my divorce lawyer in the UK?

No, here in the UK, your husband is not required by law to pay for your divorce solicitor or lawyer. The general practice is that each person is responsible for paying their own legal fees, meaning that you alone would be responsible for your lawyer’s fee or court fee, for example.

When can I contest a divorce?

You can contest a divorce in the UK only under exceptional circumstances. For example, if the court doesn’t have the necessary jurisdiction to process your divorce or marriage is not valid. So, you cannot contest a divorce simply because you disagree with the settlement terms you’re being offered.

You should always consult a divorce lawyer to understand when you can (and should) contest a divorce.

Can I apply for a divorce online in the UK?

Yes, you can apply for a divorce online in the UK. In England and Wales, couples can use a court web portal to apply for a divorce online. Before doing so, however, you must ensure that you:

• Understand and meet the requirements
• Have the necessary information on hand
• Decide how you want to proceed with the divorce application
• Access the online portal to submit your application
• Go through the mandatory 20-week waiting period
• Apply for the Conditional Order
• Apply for the Final Order

Once all these steps have been completed, your marriage will effectively be terminated. It is strongly recommended to consult a divorce lawyer before completing any of these steps as providing the wrong information, for instance, or not meeting the requirements properly, can lead to longer processing times and unnecessary costs.

Are there any problems with a no-fault divorce I should be aware of?

On the one hand, a no-fault divorce may prove to be beneficial in helping to quickly reduce conflict and help both you and your ex-spouse as well as your children move on with their lives. On the other, potential issues and problems with a no-fault divorce can arise, such as:

• Concerns over the fair division of assets
• Concerns over child care and arrangements
• Rushed decisions without fully understanding or considering the consequences of divorce
• Lack of emotional closure for some people likely as a result of not acknowledging their wrongdoing