The new divorce law explained

No Fault Divorce

Without a Solicitor

The no fault divorce law has made the process more straightforward. Here is how to use it effectively without paying for a solicitor throughout.

In April 2022, the law on divorce in England and Wales changed significantly. The no fault divorce law removed the requirement to blame the other party for the breakdown of the marriage. You no longer need to cite unreasonable behaviour, adultery or separation periods. You simply state that the marriage has broken down irretrievably, and the process proceeds from there.

This change has made the divorce application itself more straightforward and has removed one source of early conflict from the process. It has also made it easier than ever to complete the divorce application without a solicitor.

How does no fault divorce work?

Either one or both parties can make the application online through the GOV.UK portal. Once the application is submitted and served, there is a minimum 20-week reflection period before a conditional order can be applied for. A final order can then be applied for six weeks after the conditional order. The whole process takes a minimum of around six months from application to final order.

What does it not cover?

The no fault divorce application deals only with the legal ending of the marriage. It does not deal with finances, property, pension sharing or arrangements for children. These are separate and often more complex matters that need to be resolved alongside or after the divorce itself, ideally formalised in a consent order.

Where does it get complicated?

The divorce application itself is relatively straightforward without a solicitor. The complexity comes with the financial settlement and, where children are involved, the arrangements for them. Form E, financial disclosure, negotiation, the First Appointment and FDR process, and the consent order all require careful handling regardless of how straightforward the divorce application itself was.

How I can help

  • Explaining the no fault divorce process clearly from start to finish
  • Helping you complete and submit the divorce application
  • Supporting you through the financial remedy process alongside the divorce
  • Preparing Form E and reviewing financial disclosure
  • Attending court hearings as your McKenzie Friend
  • Helping you understand consent order drafts before you sign

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