What is a No-fault Divorce Solicitor?
The Divorce, Dissolution and Separation Act (2020) eliminated the need for couples wishing to divorce to apportion blame or endure years of separation prior to being granted the legal right of divorce. This change to the UK's divorce law aims to reduce conflict and support couples in making practical decisions to benefit their futures and those of their children.
How to obtain a no-fault divorce
A no-fault divorce allows a couple who no longer wishes to be together to divorce without needing to prove that their spouse has behaved inappropriately, damaged their physical, mental or emotional health or abandoned them.
It is a mature way for the majority of unhappy couples to achieve a mutually satisfactory resolution, and this process is much aided through the support and advice that results from engaging the services of no fault divorce solicitors.
No fault divorce solicitors guide their clients through the legal process, advocating for their interests to ensure a fair and equitable division of assets, child residence and support, and spousal maintenance. Their primary responsibility is to help their clients understand the requirements and implications of pursuing a no-fault divorce, by providing them with expert legal advice and helping them to make informed decisions.
5 simple steps to a no-fault divorce
- Meet prerequisite conditions. To be eligible to pursue a no-fault divorce, the marriage must have endured for a minimum of 1 year
- Apply for divorce. To apply for a divorce, you need to submit yours and your spouse's full name and address and your marriage certificate, accompanied by a fee of £593. The court will issue the divorce papers to your spouse.
- Respond to the application. If the decision to divorce is jointly agreed, both parties must submit an acknowledgement receipt to the court. If it is a sole application, your spouse will need to acknowledge the papers and confirm whether they agree to the divorce or intend to dispute it.
- Apply for a conditional order. You can apply 20 weeks after the divorce application has been issued. The purpose of this period is to allow the couple to conduct financial discussions and, if possible, to reach a resolution.
- Apply for a final order. 43 days after the conditional order is made, you may apply for a final order to legally end the marriage.
The role of no fault divorce solicitors
When a couple jointly agrees to divorce and is able to agree to an amicable settlement, it is always a good idea to consult a divorce solicitor, to make sure everything is in order, to meet your needs. Equally, in situations where disputes or disagreements arise, the advice and support of no fault divorce solicitors can be invaluable to reach agreement on important matters, including where the children will live, and the division of matrimonial assets.
Donna Goodsell comments that divorce is an emotionally charged process that can quickly become contentious, so engaging the services of a no fault divorce lawyer can ease the burden of dissolving a marriage without attributing blame.