Thinking About Divorce? Here's What No-Fault Divorce Really Means

One of the first questions people ask us is whether they can get a no-fault divorce. In most cases, they can. If your marriage has broken down and you're ready to move forward, the no-fault divorce process is available to most couples in England and Wales.

However, whilst the legal process has changed, the questions people ask us haven't.

Many clients contact us feeling overwhelmed, unsure of their rights, and worried about what happens next. In this guide, we answer some of the most common questions we are asked about no-fault divorce.

What Is a No-Fault Divorce?

A no-fault divorce allows either spouse, or both together, to apply for a divorce without having to prove that the other person has done something wrong.

Instead, the application confirms that the marriage has irretrievably broken down.

No-fault divorce was introduced to make the process less stressful and less confrontational. Rather than arguing about who was responsible for the breakdown of the marriage, couples can focus on the important decisions that need to be made, such as arrangements for their children and how finances should be dealt with.

Can My Husband or Wife Stop Me Getting Divorced?

This is one of the questions we are asked most often.

The short answer is no.

If your spouse does not want the divorce, they cannot usually prevent it simply because they disagree with your decision. Whilst there are very limited circumstances where a divorce can be challenged, these are rare and generally relate to technical legal issues rather than whether someone wants the marriage to end.

For many people, this provides reassurance that they are not "trapped" in a marriage simply because the other person refuses to cooperate.

Do We Have to Agree Before the Divorce Can Start?

No.

You can make a sole application for divorce if you wish, or you and your spouse can make a joint application if you are both in agreement.

Choosing a joint application can sometimes help maintain a more amicable relationship, particularly where children are involved, but it is not a requirement.

How Long Does a Divorce Take?

There are two compulsory waiting periods built into the divorce process.

The first is a 20-week reflection period after the application has been issued. This gives both parties time to reflect and, where possible, begin resolving financial matters and arrangements for any children.

Once the Conditional Order has been made, there is then a further 6-week and 1-day waiting period before the Final Order can be applied for.

In most straightforward cases, the process takes around seven to eight months.

What If We Still Live Together?

Many separating couples continue living in the same property whilst the divorce is ongoing.

This is often because of financial pressures, childcare arrangements or simply because neither person has been able to move out.

Living together does not prevent you from applying for or obtaining a divorce.

Will the Divorce Decide What Happens to Our Children?

No.

The divorce only brings your marriage to an end.

It does not determine whom your children live with, how much time they spend with each parent, or how important decisions about their upbringing should be made.

Whilst many couples can reach an agreement themselves, that's not always possible. If you're struggling to agree arrangements for your children or finances, there are legal options available to help, including mediation and, if needed, asking the court to make a decision.

Will the Divorce Decide How Our Money Is Divided?

Again, the answer is no.

Many people are surprised to learn that the divorce itself does**** not deal with finances.

Issues such as:

• The family home
• Savings
• Pensions
• Investments
• Debts

are all dealt with separately.

Even where you and your former spouse reach an agreement, it is usually advisable to have that agreement recorded in a Consent Order approved by the court. Without a financial order, financial claims between former spouses can remain open long after the divorce has been finalised.

If you'd like to know more, you can also read our guide to What Happens Financially During a Divorce?

Can I Start a New Relationship Before the Divorce Is Final?

Legally, yes.

Many people begin new relationships before their divorce has been finalised.

There's nothing to stop you starting a new relationship before your divorce is final. However, if you're still trying to reach a financial settlement, it's worth taking legal advice before moving in together or buying a property with your new partner. It won't be an issue in every case, but it can affect how your finances are handled, so it's best to understand your position before taking that next step.

Can We Use the Same Solicitor?

No.

Although you may both agree on the terms of your separation, one solicitor cannot advise both parties because there is a conflict of interest.

One solicitor can prepare a Consent Order to reflect an agreement that has already been reached, but they can only act for one person. The other person should obtain independent legal advice before deciding whether to sign the agreement.

Do I Need a Solicitor?

Not everyone needs a solicitor to obtain a divorce.

However, legal advice can be invaluable if:

• You own a property together.
• There are pensions or other significant assets.
• You have children.
• Your spouse is refusing to engage.
• There has been domestic abuse or controlling behaviour.
• You are unsure what you are entitled to financially.

Sometimes, a single appointment with a solicitor can provide the reassurance and clarity needed to move forward with confidence.

The Bottom Line

No-fault divorce has made the legal process of ending a marriage much less confrontational than it once was.

However, whilst obtaining the divorce itself is now relatively straightforward, the decisions surrounding your finances, your property and your children can still have a lasting impact on your future.

Taking legal advice early can help you understand your options, protect your position and avoid problems later down the line.

If you're considering divorce and would like clear, practical advice tailored to your circumstances, our experienced family solicitors at Harrington Family Law are here to help.

Speak to Harrington Family Law

Every family is different, and there is no "one-size-fits-all" approach to divorce.

Whether you're simply exploring your options or you're ready to begin the process, we're here to provide straightforward, practical advice every step of the way.

Contact Harrington Family Law today to arrange an initial consultation with one of our experienced family solicitors.