Step-by-step guide to no-fault divorce
On 6 April 2022, the new ‘no-fault’ divorce came into force. Whilst the sole ground for applying for a divorce has not changed (that the marriage has irretrievably broken down) no blame or other fact, such as two years separation with the other’s consent, is required to obtain a divorce.
The new law was enacted with the aim, amongst others, to reduce any animosity between parties. Therefore, it was hoped that this would then allow separated couples to be more amicable when sorting out the finances and arrangements for the parties’ children, if any, as the divorce, in of itself, does not take any formal steps to sort these out.
If you would like to apply for a divorce, you should bear in mind the following:-
- You should consult a family solicitor
Even though it is cost-effective to apply for the divorce yourself online, there are some legal implications of when you divorce that are not clear from the face of the application. It is prudent to take legal advice: a solicitor can advise you, for example, about how to protect your financial claims if you intend to remarry.
Further, a solicitor can advise as to what stage in the divorce proceedings you should obtain a Court sealed Financial Remedy Order: it is often in a client’s best interests to delay applying for the Final Order, which legally ends the marriage, until the parties have obtained the Court sealed Financial Remedy Order. This is because if one person dies, then the other would not be classed as their widow or widower and would lose out on any financial benefits that they otherwise would have been entitled to if they were still married (e.g. pension benefits).
- Sole or joint application?
One of the other changes made under the new no-fault divorce is that parties can now apply for the divorce jointly: again, this may help for people to complete their divorce amicably. Alternatively, one party can apply by themselves on a sole basis.
In relation to a joint application, there are some circumstances where it can be switched to a sole application, if one party is being difficult, for example.
One such circumstance is when Applicant 2 does not complete their application for the Final Order, Applicant 1 could switch to a sole application. This allows the divorce to proceed even if the other party does not complete the correct steps.
- Whether to apply online or on paper
From experience, it is often quicker to apply for the divorce online, rather than on paper.
- Keep the Final Order safe
It is important to keep this safe as it will be required should you wish to change your name or remarry in the future. Further, you may need to produce it to the tax or other authorities to confirm your single status.
Katherine Parker is a solicitor in the Family Department at Barker Gotelee Solicitors in Ipswich.
Suffolk Family Solicitors – for more information on our range of legal services, please call the team on 01473 611211 or email [email protected]
This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.
