How Long Does a No-Fault Divorce Take?

A no-fault divorce in the UK typically takes between 6 to 7 months from start to finish. This timeline was established with the introduction of the Divorce, Dissolution and Separation Act 2020, which came into effect on 6th April 2022. This new law represents the most significant change to divorce legislation in England and Wales for over half a century.

Understanding No-Fault Divorce and Recent Legal Changes

No-fault divorce allows couples to end their marriage without assigning blame to either party. This marks a significant shift from the previous system, which required couples to prove one of five ‘facts’ to demonstrate the irretrievable breakdown of their marriage. These facts often led to unnecessary conflict and animosity between divorcing couples.

Key changes introduced by the new law include:

1. Removal of fault-based grounds: Couples can now divorce without citing reasons such as adultery, unreasonable behaviour, or desertion.
2. Joint applications: For the first time, couples can apply for divorce together, promoting a more amicable approach.
3. New terminology: Terms like ‘Decree Nisi’ and ‘Decree Absolute’ have been replaced with ‘Conditional Order’ and ‘Final Order’ respectively.
4. Mandatory waiting period: A new 20-week reflection period has been introduced between the initial application and the Conditional Order.
5. No contest: The ability to contest a divorce has been largely removed, except in very specific circumstances.

These changes aim to reduce conflict, promote cooperation between divorcing couples, and make the process less traumatic for any children involved. However, it’s important to note that while the process is now more straightforward, it doesn’t necessarily mean it’s quicker than the previous system.

Below, we’ll break down the timeline of a no-fault divorce, explain each stage in detail, and address common questions about the process. If you’re considering a divorce or are already in the midst of proceedings, understanding these timelines can help you navigate the process more effectively.

What is No-Fault Divorce?

Before delving into the timeline, it’s important to understand what no-fault divorce means:

• No-fault divorce allows couples to end their marriage without assigning blame to either party.
• It requires only a statement that the marriage has irretrievably broken down.
• Unlike the previous system, no evidence of ‘fault’ (such as adultery or unreasonable behaviour) is needed.

The No-Fault Divorce Timeline: An Overview

The entire no-fault divorce process typically takes between 6 to 7 months from start to finish. Here’s a quick overview of the main stages:

1. Application submission
2. Service to the respondent
3. Acknowledgement of service
4. Application for Conditional Order
5. Cooling-off period
6. Application for Final Order

Now, let’s break down each stage in detail.

Timeline of a No-Fault Divorce

Stage 1: Application Submission (Day 1)

• The divorce application is filled in online.
• This can be done by one party (sole application) or jointly by both parties.

Stage 2: Service to the Respondent (After 28 days)

• If it’s a sole application, the court will serve the respondent via email after 28 days from the date of issue.
• For joint applications, both parties are notified at this stage.
• If the applicant chooses to handle service, it should be done within 28 days from the date of issue.

Stage 3: Acknowledgement of Service

• The respondent has 14 days from the date of service to file an acknowledgement of service.
• If they wish to dispute the divorce, they have 35 days from the date of service to file an answer.

Stage 4: Application for Conditional Order (20 weeks from application)

• The applicant can apply for the Conditional Order 20 weeks after the initial application date.
• This is provided the acknowledgement of service was filed within 18 weeks of the application date.
• If the acknowledgement was filed later, the application for Conditional Order can be made 14 days after the acknowledgement should have been filed.

Stage 5: Cooling-Off Period

• There is a mandatory 6-week cooling-off period between the Conditional Order and the Final Order.
• This time is intended for reflection and finalising any financial arrangements.

Stage 6: Application for Final Order

• After the 6-week cooling-off period, either party (or both in a joint application) can apply for the Final Order.
• If only one party applies, they must give 14 days’ notice to the other party of their intention to apply.

Key Points to Remember

1. Minimum timeframe: The entire process takes a minimum of 26 weeks (about 6 months) from the initial application to the Final Order.
2. Cooling-off period: The 20-week period between application and Conditional Order is designed to allow for reflection and negotiation of practical matters.
3. No immediate rush: Unlike the previous system, there’s no need to rush into assigning blame or gathering evidence of fault.
4. Joint applications: Couples can choose to apply jointly, which can make the process more amicable.
5. Financial settlements: It’s advisable to resolve financial matters before applying for the Final Order, as divorce itself doesn’t end financial commitments between spouses.

Frequently Asked Questions

Can the no-fault divorce process be sped up?

While the standard timeline is set at a minimum of 26 weeks, there are rare circumstances where the court may consider expediting the process. These include:

1. Terminal illness of one party
2. Impending birth of a child where remarriage is desired before the birth

However, such expeditions are extremely rare and require exceptional circumstances.

Is a no-fault divorce quicker than the old system?

No, the no-fault divorce process generally takes about the same amount of time as the previous fault-based system. However, it’s often less contentious and emotionally taxing for the parties involved.

Can I still claim costs in a no-fault divorce?

The no-fault system is designed to reduce conflict, including disputes over costs. While it’s still possible to claim costs in certain circumstances, it’s less common and would need to be agreed upon by both parties or ordered by the court in exceptional cases.

What if my spouse doesn’t respond to the divorce application?

If your spouse doesn’t respond within the given timeframe, you can still proceed with the divorce. However, you may need to prove that they received the application, which could involve alternative methods of service.

Can I start a no-fault divorce application before being separated for two years?

Yes, one of the key changes with no-fault divorce is that there’s no required separation period. You can start the process immediately if you believe your marriage has irretrievably broken down.

Do we need to agree on everything before starting a no-fault divorce?

No, you don’t need to agree on all aspects of your separation before starting the divorce process. However, it’s advisable to try to reach agreements on practical matters such as finances and childcare arrangements during the process.

No-Fault divorces: In Summary

The no-fault divorce system in the UK provides a more amicable way for couples to end their marriage. While the process typically takes 6-7 months, it allows for a less confrontational approach to divorce. Remember, each case is unique, and various factors can influence the timeline.

At RLK Solicitors, we understand that divorce can be a challenging time. Our experienced family law team is here to guide you through the no-fault divorce process, ensuring you understand each stage and helping you navigate any complexities that may arise.

For personalised advice on your situation or to start your no-fault divorce application, contact RLK Solicitors today. Our team of expert divorce solicitors is ready to support you through this process with compassion and professionalism.