No fault divorce – how does it work?

Since 06 April 2022 “no fault divorce” has been possible. There is no longer the need to be separated for 2 or 5 years or to make allegations of fault against your spouse.

Divorce applications can be made jointly with your spouse, or a sole application can be made if you prefer. It is not possible for your spouse to defend the divorce proceedings and the divorce cannot be finalised sooner than 26 weeks after the divorce application has been issued by the court.

The words we use to describe the divorce process have changed, there is no longer a divorce petition, but a divorce application. There is no longer a petitioner but an applicant. The Decree Nisi has become a conditional order and the Decree Absolute is the final order.