Divorce & No-Fault Divorce

Will No-Fault Divorce Affect My Financial Settlement?

The factors the courts take into account when deciding financial matters (division of assets like property, pensions and so on) remain unchanged by no-fault divorce. Both parties must make full disclosure of assets before any decision on division is made. 

It will still be as important as ever to finalise your financial arrangements in a court order, even if you have reached an agreement. If you don’t, then any financial claims stay open. This means you’d be at risk of a financial claim any time in the future, even after the divorce itself has finished. 

Can My Spouse Object To No-Fault Divorce?

As there is no longer an element of blame in the divorce application the request for a divorce can’t be contested. However if negotiations around maintenance, child issues and financial settlements are inconclusive the court will have to intervene and decide matters. This will involve a contested court hearing. If matters aren’t resolved informally between you and your spouse or civil partner, you may wish to consider arbitration or other forms of family mediation. 

Will No-Fault Divorce Be Cheaper?

Not necessarily. Even though you or your spouse won’t have to legally blame the other for the breakdown in your marriage you still have to agree a financial settlement, how your children are to be financially supported and what their living arrangements will be. That said, it’s logical to assume that if the acrimony is removed from the process, couples may find it easier to reach agreements in these matters. This in turn will reduce the time and money spent on legal fees.  

Will A No-Fault Divorce Be Quicker?

No-fault divorce doesn’t mean a ‘quickie’ divorce as some have suggested. You can’t apply for a conditional order until 20 weeks have elapsed from the date you issued your application. There is then a further six-week period before you can turn your conditional divorce order into a final order. And, as always you should settle any differences between you and your estranged spouse in relation to finances and children before a no-fault divorce is finalised.

Does No-Fault Divorce Change The Way Courts Decide Child Arrangements? 

No. The courts continue to place the child’s welfare at the forefront of any decisions about residence and contact. 

How Soon Can I Apply For A No-Fault Divorce?

The relevant law has already been approved by Parliament. The rules themselves are effective from 6 April 2022 – that’s the first day on which you will be able to apply for a conditional divorce order instead of a decree nisi.

Do I need to attend court in person when I get divorced?

In most cases, neither party attends court in person. Basically, the process is administrative.

Will the chosen grounds for divorce affect the likely financial settlement?

No. Some people assume that if they admit to adultery (for example) this will have a bearing the court’s decision or the financial settlement. This is not so. Under normal circumstances, the chosen fact on which your divorce is based has no bearing on its outcome.

Can I divorce my partner without their involvement?

Yes, most divorces do not need the other party’s consent.

If your partner’s whereabouts are known but they are ignoring the divorce paperwork sent to them, it is entirely possible to obtain a divorce even if your spouse is simply refusing to acknowledge your correspondence. We deal with this situation frequently.

Can I divorce on the basis of separation if we are still living together?

It is possible to be separated whilst still living under the same roof. There are often grounds of divorce though – separation is not essential.

Can my self-employed husband pay himself less salary during the divorce to reduce his financial settlement?

There are several ways in which someone’s true income can be evaluated. It should be possible to obtain disclosure of your husband’s past business accounts and then argue to the court that any maintenance for you should be calculated on his real income, not a reduced salary that he chooses to pay himself in the short term.

If our planned divorce is amicable, can we both come and see you for legal advice?

Normally, the same legal firm cannot act on behalf of both husband and wife but in exceptional cases it can happen. It would be best for you to speak to us about it.

Can my partner demand that I move out while we get a divorce?

Probably not. If you jointly own the property you are jointly entitled to live there. In many cases a spouse agrees to move out in order to remain amicable, or they come to an arrangement that allows them to live separately but in the same property.

My partner says he will never agree to sell our home if we divorce. Can he refuse to sell?

If the court decides he has to pay a settlement then your husband can be forced to sell the house by order of the court or transfer his share of the house to you and vacate the property.

Can I gain a share of my husband’s pension on divorce?

It is possible to apply to the court for a ‘pension sharing order’ which sets out how much of your husband’s pension you are entitled to. These orders are in fact very common. They result in a defined amount being set up in a new pension plan for you. Sometimes a lump sum may be paid instead of sharing the pension.

Is there a minimum period of time I must be married before I can divorce?

Yes, in England & Wales you need to have been married for at least a year before you can start divorce proceedings. If you have been married for less than a year and you know you will be seeking a divorce after a year has passed, it is wise to contact us in good time for some (free) initial advice. If anything needs to be done, we can file for a judicial separation in the meantime.

Do I need my marriage certificate to get divorced?

Usually, yes you will need to provide a marriage certificate to start divorce proceedings. If you can’t find your certificate, it is possible to apply for a replacement. Sometimes we have to get a court order to accept the fact that you were married when there just is no record at all.

What is a Clean Break Order?

A Clean Break Order permanently severs any financial connections between you and your spouse. It kills off any possible future claim for maintenance or a lump sum. This might benefit you if your earnings are likely to increase over time, or you might receive an inheritance or any other source of future wealth that your ex-spouse might otherwise claim against.

Can I change my child’s surname after we divorce?

A change of your child’s surname would require written consent from the other parent or a court order.

Are the details of my divorce made public?

Minimal information regarding your divorce is made available to the public. It is possible for the press to publish that your divorce has been pronounced and the fact on which the divorce was based (e.g. unreasonable behaviour) but no further details are published. However, the vast majority of divorces are of no interest to the press and for practical purposes are never disclosed.

Can I pay for your services from my financial settlement?

We do try to be as flexible as we can about payment and in some specific situations we have taken a large share of the payment at the end of the case, but it very much depends upon your circumstances. If your money is tied up until the divorce is finalised there are also other payment options, such as borrowing from family or friends, short term loans, or gaining a legal costs allowance from the other party.