No Fault Divorce – What You Need to Know
Divorce Without Blame
One of the most important changes introduced by the new no fault divorce law is the removal of blame from the process. Couples can now divorce simply on the basis that the marriage has irretrievably broken down — without needing to prove one of the five previous grounds (such as adultery or unreasonable behaviour).
This means that if both parties agree to divorce, there is no longer a need for one person to blame the other, making the process less confrontational and less damaging for families.
Joint Applications
Previously, one spouse had to issue divorce proceedings against the other, with the petitioner bringing the claim and the respondent replying.
Under the new system:
- Both spouses can now apply for divorce jointly.
- The term petitioner has been replaced with applicant.
- The Decree Nisi is now called a Conditional Order.
- The Decree Absolute is now called a Final Order.
These changes simplify the process and place both parties on equal footing.
No More Contested Divorces
Under the old system, a divorce petition could be contested — as in the high-profile case of Tini and Hugh Owens, where a spouse was forced to remain married against their wishes.
With no fault divorce, this option has been removed. This prevents abusive or controlling partners from trapping someone in an unwanted marriage.
Advantages of No Fault Divorce
The new system provides many benefits, including:
- ❌ Ending the ability to contest – protecting spouses from being trapped in a marriage for five years or more.
- 🤝 Reducing conflict – by removing blame, the process is less adversarial and healthier for families.
- 👨👩👧 Supporting co-parenting – parents no longer need to blame one another, helping preserve a positive relationship for their children.
- ⏳ Faster resolution – the process takes a minimum of 6 months, rather than waiting 2–5 years.
- ✅ More honest and straightforward – couples can simply agree that the marriage has broken down without inventing “unreasonable behaviour” claims.
How We Can Help
At Capital One Solicitors, we provide clear, sensitive advice throughout the divorce process. Whether you’re applying alone or jointly, we’ll guide you through every step and ensure your rights and financial interests are protected.
💬 Speak to a specialist solicitor today – Contact us for confidential consultation.
