Experiencing a divorce is one of life’s most stressful events.
The legal system is daunting. The paperwork is mountainous. And, of course, there’s the very real emotional impact on all parties involved.
However…
The introduction of no-fault divorce has made it easier for couples to separate without apportioning blame, making for smoother proceedings overall.
In this guide we will discuss:
- What is no-fault divorce law?
- Why are legal services important during divorce?
- How does the no-fault divorce process work?
- How to choose the right legal services?
What is No-Fault Divorce Law?
No-fault divorce means that a person can end their marriage without having to show that the other person is responsible for its breakdown.
No-fault divorce is a big deal. In traditional divorce law, the spouse making the application for divorce had to prove that their partner was to blame for the marriage’s end by citing adultery, desertion, or unreasonable behaviour.
The law can be complex, but in a nutshell:
You now have the option of citing irretrievable breakdown as the reason for divorce with no need to blame the other party.
England and Wales’ divorce law was reformed in April 2022, with the introduction of the Divorce, Dissolution and Separation Act 2020, a landmark move that has streamlined divorce proceedings, and also reduced animosity between separating couples.
On the other hand, those in Northern Ireland are governed by the Matrimonial Causes (Northern Ireland) Order 1978. This law still requires divorcees to cite fault-based grounds or long periods of separation. To speed up the process, you may want to use the expertise of solicitors who specialise in no-fault divorce in Northern Ireland, such as those at https://www.paduffy-solicitors.com/family-law/no-fault-divorce-northern-ireland/.
Stats
The UK Government keep detailed statistics on the family court system. Between July and September 2024, there were 27,003 divorce applications made under the new no-fault divorce legislation.
That’s not an inconsiderable number!
Why are Legal Services Important During Divorce?
You may think that it is possible to handle divorce proceedings without legal services.
However, many people who have thought that have come to regret it.
It’s true:
Divorce is one of the most complex and consequential legal processes that most people will ever experience. Seeking out professional legal services isn’t about creating conflict and animosity. It’s about ensuring that you come out of the situation with your interests and rights intact.
Legal services can help you to:
- understand your rights and responsibilities
- organise financial settlements and the division of property
- establish arrangements for children, including custody and maintenance
- correctly file paperwork and observe deadlines
- negotiate reasonable and fair terms with your spouse
The divorce process can be fraught, and long-lasting effects are common. For example, recent data showed that approximately 40% of divorcees surveyed felt their divorce had left them in an unfair financial situation. However, getting expert legal representation will significantly reduce this risk.
If you don’t have legal guidance, you may miss important deadlines and fail to consider crucial elements of your divorce, such as pension sharing.
How does the No-Fault Divorce Process Work?
If you are looking to separate under the no-fault divorce law, you may be wondering how the no-fault divorce process works in practice.
It is a relatively simple process. However, it helps to understand each step to make both mental and practical preparations.
Step 1: Application
The application for divorce can be made by one of the spouses, or as a joint application by both parties. Joint applications are becoming more common since the no-fault divorce legislation came into effect. Recent government statistics show that 26% of divorce applications are now made jointly.
Step 2: 20-Week Reflection Period
There is a mandatory 20-week reflection period after the application has been made to give the couple time to consider and sort out practical arrangements.
It can be frustrating to wait. But it has its uses.
The 20-week period is a chance to:
- reflect on the decision
- begin financial discussions
- make arrangements for children and housing
- gather relevant paperwork
Step 3: Conditional Order
Once the 20 weeks have elapsed, the couple apply for a conditional order. This confirms to the court that the grounds for divorce have been established.
Step 4: Final Order
Six weeks after the conditional order has been granted, it is possible to apply for the final order, which legally ends the marriage.
It is important to note that from start to finish, it can take some time. Recent court statistics suggest that the average time from application to final order is 63 weeks. However, it is often quicker to make digital applications. The average completion time for online cases is 52 weeks.
How to Choose the Right Legal Services?
It goes without saying that all legal services are not created equal.
If you are looking for a solicitor or legal team to help with your divorce, then there are a number of factors you should bear in mind before making your final choice.
You want someone who has:
- experience of family law matters. This is not a one-size-fits-all service, and you want a solicitor who specialises in divorces, rather than a general practice lawyer.
- good communication skills. There is enough stress in divorce without having to track your solicitor down for an update. You want someone who will communicate clearly and keep you informed at every step.
- a transparent fee structure. Legal costs can quickly mount up. Ask for a clear breakdown of what the fees are and what they include. There are some solicitors who offer fixed-fee packages for straightforward divorces.
- a constructive approach to conflict. Good family lawyers know that their role is to de-escalate conflict, not to stoke it. They will encourage mediation and negotiation where possible.
Ask potential solicitors the following questions to assess their suitability:
- How many divorce cases have you handled?
- What is your average timescale for cases similar to mine?
- How do you charge, and what does this include?
- Will I be working directly with you or other members of staff?
Financial Considerations During Divorce
Financial matters are one of the most complex aspects of divorce.
Assets have to be divided, pensions considered, and if there are children, maintenance needs to be arranged.
Here is something that many people forget:
The right to claim financial provision does not automatically end when a divorce or separation is finalised. If the correct clean break orders are not in place, it remains open-ended.
Legal services can make all the difference here. A good solicitor will ensure that all financial matters are addressed and properly documented.
Key financial areas to consider include:
- division of property and responsibility for mortgages
- pension sharing
- savings and investment accounts
- business interests and shareholdings
- maintenance payments
It’s surprising, but only around 20% of couples discuss pensions when dividing their assets. This can have a big impact on retirement savings.
In Conclusion
The no-fault divorce is a welcome change in how couples can separate.
It removes the need to blame each other for the breakdown of a marriage. It also reduces conflict and can lead to better outcomes for families with children.
Navigating the divorce process, however, does still require careful attention to detail. Expertise and support in the form of legal services is necessary to ensure that you are properly protected as you move forward.
To sum up:
- no-fault divorce removes the need to assign blame for the breakdown of the marriage
- legal services protect your financial and parental rights
- the process has set waiting periods
- choosing the right solicitor makes all the difference
- the best interests of the children must come first
Whether you are considering a divorce or are already in the process, getting proper legal support isn’t a luxury. It is essential to fair outcomes and entering the next chapter of your life with confidence.
