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No-fault Divorce Solicitors

On 6th April 2022, the no-fault divorce was introduced.

This means that all divorce proceedings, and proceedings for the dissolution of civil partnerships, that commence from 6th April 2022 will proceed on a no-fault basis.

A divorce, or dissolution of a civil partnership, based on no-fault has removed the need for a detailed explanation as to why the person who commences the process considers that the marriage has irretrievably broken down.  The no-fault process requires only the provision of a statement that the marriage or civil partnership has irretrievably broken down.

The new procedure represents a more streamlined and easier way in which to commence divorce proceedings and remove some of the hostility and acrimony which can exist at the commencement of divorce proceedings.

All divorce and dissolution proceedings that started before 6th April 2022, will continue under the previous law and it will not be necessary to change that process to one using the no-fault procedure.

A divorce on a no-fault basis can be started by one spouse (or civil partner) or by both spouses on a joint basis.

The terminology that was used previously has changed with the effect that the person who commences a divorce is known as the applicant, a divorce petition is now known as a divorce application, a decree nisi is now a conditional order and a decree absolute has been renamed as a final order.

The no-fault divorce process has also introduced a new minimum timeframe for the divorce to proceed from start to finish, of 26 weeks, which would include a minimum period of 20 weeks from the start of the process to the Court making a conditional order.  The 20-week period is a new feature of the no-fault process which allows the parties to the divorce or dissolution, time to consider their situation.  During that time, arrangements concerning the resolution of the financial matters can be explored.

Other changes to the no-fault process include the removal of the ability to defend a divorce that has commenced under the no-fault procedure, except for very specific and limited grounds.

Contact our No-fault Divorce Solicitors in Canterbury

To get in touch with our no-fault divorce solicitors in Canterbury, please call us on 01227 813400, email enquiries@gardnercroft.co.uk or fill in our simple online enquiry form on the right-hand side of the page to request a call back.