Non-Fault Divorce

The Divorce, Dissolution and Separation Act 2020 removes the requirements for fault or blame from the divorce petition, and the possibility of one spouse contesting the divorce which often leaves the other spouse waiting for months if not years.  Instead, couples can now apply for a divorce on their own or jointly with the other spouse by making a declaration that the marriage has irretrievably broken down. 

Once an application for divorce is submitted at court whether as a single or joint application, the court will review the application and if satisfied, the court will make a conditional order of divorce previously referred to as “Decree Nisi”. It is important to note that the new law sets out a minimum period of reflection of 20 weeks intended not only to allow for reflection but also to enable parties to resolve children and financial matters meaning that the non-fault divorce will therefore take at least 6 months to complete. 

After six weeks have elapsed from the grant of the conditional order of divorce, you can then apply for the order to be made final, previously referred to as “Decree Absolute” which will terminate your marriage leaving you free to re-marry should you wish to do so. 

The introduction of non-fault divorce has no effect on the way in which the court will assess division of your matrimonial assets or child arrangements. 

Whilst the introduction of non-fault divorce should simplify the process and remove the unnecessary tension during divorce proceedings, you still need to resolve your financial matters and arrangements for children, and you should take expert legal advice at an early stage so that your interest and financial position can the protected.