What is the No Fault Divorce?

Into the light…Divorce post April 2022.


Divorce is, of course, almost always emotionally and financially draining. At the same time, it is opening a door to a new freedom. If a divorce is inevitable, the new, simpler, divorce process, should make everything a bit easier.  

Divorce process has been online for a couple of years now. It is more accessible – although there is large petition fee to pay (presently £593 (2022))  


On 6 April 2022 the process for divorce is changing. 


Currently, divorce is based upon one party’s fault. Often, none of the five ‘facts’ required to evidence the irretrievable breakdown of the marriage, fit the real reasons for divorce.  


Insisting on blame can hinder parties reaching a divorce settlement and be detrimental to any children involved.  


The new legislation is overhauling law in place since 1973. It is well overdue, reflecting the changes in society over the last 50 years. 


No-fault divorces better reflect modern relationships.  


From April 2022 

  • couples can make a joint application for the divorce – a real game changer. 
  • One party does not have to allege fault on the part of the other. 
  • The whole divorce may take a little longer.  A minimum of 20 weeks between the application and the conditional order (the equivalent of the current decree nisi) is expected. There will be another 6 weeks before the final order.  


Allowing couples to divorce without blame should reduce bitterness and acrimony, speed up the process and cut the cost. But even though the divorce may be simpler, the separation of jointly owned financial assets will remain complex. You will still benefit from legal advice and the assistance of other experts, such as financial planners, pensions experts and accountants. 


Caroline Dresden
Legal Director
Family Law
For and on behalf of Lodders Solicitors LLP

0121 200 0890