
No Fault Divorce Procedure
What is the process for divorce?
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.
Useful terminology
Some other useful terminology may make understanding the process simpler:
The divorce process is slightly different, depending upon whether it is a joint or a sole application. This Q&A will deal with digital applications only.
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As can be seen from the steps above, there is scope for a joint application to be progressed by one applicant only. It is not therefore possible for one party to change their mind, after the issue of the application and stop the divorce from continuing.
Sole application for divorce
The purpose of the 20-week delay between issue of the application and being able to apply for the conditional order is to give the parties time to reflect and to resolve child arrangements and financial matters.
The final order does not have to be applied for at week 26 and an application for a final order too early can have an adverse impact on financial matters. It is crucial to take advice on the timing of the application for the final order.
RLK Solicitors have experienced family law solicitors able to advise upon the factors most relevant to your circumstances and how these should be taken into account. A realistic approach often saves both time and money.
Our Edgbaston office is a short distance from Birmingham City Centre, Five Ways train station and local bus routes. We have free parking, on-site, or nearby and can offer video appointments for those further afield or who cannot come into an office. We also have an office at 103 Colmore Row in Birmingham.
We work with individuals and families from all walks of life across the UK, offering guidance through even the most complex and sensitive situations. Our goal is to reduce conflict wherever possible and help protect what matters most to you.
RLK Solicitors have offices in Edgbaston and 103 Colmore Row in Birmingham, easily reached from Acocks Green, Alvechurch, Balsall Heath, Barnt Green, Bartley Green, Bournville, Cotteridge, Digbeth, Druids Heath, Frankley, Handsworth, Handsworth Wood, Harborne, Headley Heath, Hollywood, Hopwood, Kings Heath, Ladywood, Longbridge, Maypole, Moseley, Northfield, Rednal, Rubery, Selly Oak, Selly Park, Shirley, Solihull, Stirchley, Walkers Heath, Weoley Castle, West Heath, Wythall and Yardley Wood.
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