No Fault Divorce – What has changed?

8th April, 2022

As of 6th April, No Fault Divorce became the only way in which parties can divorce. There are some key changes that you should be aware of.

It is no longer possible to give a reason for divorce. The old facts of adultery, behaviour, desertion, 2 years’ separation and 5 years’ separation no longer exist. You simply have to tell the Court that your marriage has irretrievably broken down, rather than explaining the reason why.
Unless there are very special circumstances, the Applicant for Divorce will pay the costs. It is not possible to ask for a costs order on your Application for a Divorce Order that requires the Respondent to pay your costs. If the Respondent evades service or causes you to incur costs, you can only apply for these to be repaid to you by making a separate application. Otherwise, you will need to reach an agreement as to who is to pay.
You can now make a joint application for a divorce order. In these circumstances, Applicant 1 will pay the court fee. You will need to agree how to divide costs with Applicant 2 if you want them to share payment of the fee as the Court cannot split this for you. Many solicitors will continue to act for just the Applicant or the Respondent due to a potential conflict of interest arising later if, for example, you need a financial order or assistance with the arrangements for your children.
The circumstances in which you can dispute a divorce are now very limited. Once one party has decided the marriage is over, they can apply for a divorce regardless of what the other party thinks.
There is some new terminology to learn:

Old Term	New Term
Divorce Petition	Application for A Divorce Order
Petitioner	Applicant for A Divorce Order
Decree Nisi	Conditional Order
Decree Absolute	Final Order

If you need any further guidance with your application for a divorce order, contact Melanie Westwood in our Leicester office on 07929 860 193 or [javascript protected email address].

The information on this site about legal matters is provided as a general guide only. Although we try to ensure that all of the information on this site is accurate and up to date, this cannot be guaranteed. The information on this site should not be relied upon or construed as constituting legal advice and Howes Percival LLP disclaims liability in relation to its use. You should seek appropriate legal advice before taking or refraining from taking any action.

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