No Fault Divorce

Understanding no-fault divorce

No-fault divorce enables couples to divorce without the need to prove someone is to blame for the breakdown of the marriage. This makes an amicable separation much more likely, by reducing the emotional strain and legal disputes between them.

Key aspects of no-fault divorce:

• Single or joint applications: one or both spouses can apply for divorce.
• Minimum 20-week reflection period: encourages thoughtful decision-making.
• No need for evidence of wrongdoing: simplifies the legal process and reduces bad will.
• Financial and child arrangements still need resolution: legal advice remains essential.

Please note: we refer to divorce throughout this page but the services we offer and the information on this page, apply equally to dissolution proceedings.

How do I get a no-fault divorce, and is there a time frame? 

Under no-fault divorce law, couples seeking a divorce will follow a minimum 6-month (26-week) process. This period is divided into three key stages:

1. One or both parties together apply for the divorce
2. 20 weeks after the application has been issued, one or both parties can apply for a conditional order
3. The court is then able to make a conditional order
4. After 6 weeks, the court can make a final order, bringing the marriage to an end

The couple remains legally married until the final order is granted. This waiting period provides essential time for reflection and encourages resolution of important matters, such as financial and child-related arrangements, as couples work towards a practical and amicable future.

Is a no-fault divorce right for me?

Deciding to end a relationship is a deeply personal choice — one that only you can make. However, while you may wish to separate from your spouse, divorce has significant legal and financial implications. Seeking legal advice before making any decisions can help you understand your options and ensure you take the right approach for your circumstances.

If you or your spouse have international ties, where you file for divorce can impact financial settlements and other legal matters. Consulting a lawyer as early as possible can help you determine the best jurisdiction for your case.

How much does a no-fault divorce cost?

The cost of a no-fault divorce can vary depending on your circumstances and the complexity of financial and childcare arrangements. At a minimum, there is a court fee of £612 to file a divorce application in England and Wales.

Due to the financial claims that arise on divorce, it is important to seek legal advice, to ensure your financial claims are appropriately and fairly resolved and then protected. For a more complete understanding of the potential costs involved in your no-fault divorce proceedings, contact us for an initial consultation.

How our expert no-fault divorce solicitors can help you with the entire process

Every divorce is different, and our solicitors provide expert legal advice tailored to your circumstances. Since the introduction of no-fault divorce, the process is now more straightforward than it was, but there are still a number of things made much easier with the help of an accomplished, compassionate solicitor. Our team can assist with:

• No-fault divorce applications: we will guide you through the process, ensuring all legal requirements are met smoothly.
• Financial settlements: we will help you fairly divide assets, including property, pensions, savings, and business interests.
• Child arrangements: we will support you in agreeing on the appropriate arrangements for your children and level of financial support.
• Spousal maintenance: we will advise you on ongoing financial support where necessary to ensure financial stability.

At Birkett Long, we prioritise reducing stress and conflict while securing the best possible outcome for you and your family. Contact our team today for expert guidance on your no-fault divorce.

Financial settlements in no-fault divorce

While no-fault divorce makes separation easier, settling financial matters can be a long, fraught process. Our solicitors help secure agreements on:

Property and asset division

A fair financial settlement ensures both parties have financial stability post-divorce. Whether dealing with family homes, savings, businesses or investments, we help structure agreements that protect your interests.

Pensions and long-term financial security

Pensions are often a significant asset in a marriage. We provide expert advice on how to divide pensions fairly, ensuring both parties have financial security in the future.

Child maintenance and support

When children are involved, ensuring financial stability is crucial. We assist in securing fair child maintenance agreements that reflect the needs of your children.

Protecting children during a no-fault divorce

Divorce can be and often is extremely challenging for children — prioritising their wellbeing is essential. Our solicitors help create child arrangements that focus on:

• Living arrangements and parenting plans
• Financial provisions for education and future stability
• Minimising disruption to children’s lives

If you and your spouse disagree on arrangements, we can support you during mediation or can negotiate arrangements on your behalf, to help you find common ground without resorting to court. We’ll do everything we can to mitigate the effects of your no-fault divorce upon the children.

Collaborative divorce: a constructive approach to separation

Not every divorce needs to be settled in court. Collaborative divorce offers a structured, cooperative approach that allows both parties to reach a fair agreement without the stress or expense of litigation.

At Birkett Long, our trained collaborative divorce solicitors help couples resolve financial matters, child arrangements, and other key issues through open discussions. This process prioritises communication, reducing conflict and fostering long-term stability for families.

How does collaborative divorce work?

Collaborative divorce involves a series of face-to-face meetings where both spouses, alongside their respective solicitors, work together to negotiate a settlement. Unlike traditional litigation, all parties commit to resolving disputes outside of court.

This process ensures that discussions remain constructive, solutions are tailored to each family’s needs, and outcomes are reached amicably.

The benefits of collaborative divorce:

• Greater control: you and your spouse/ex-spouse make the decisions, rather than leaving them in the hands of a judge.
• Reduced conflict: encourages open dialogue, reducing stress and emotional strain for both parties and children.
• Privacy & confidentiality: keeps personal and financial matters out of the courtroom and public record.
• Cost-effective & efficient: a streamlined process that avoids the lengthy and costly nature of court proceedings.
• Focus on the future: helps maintain positive relationships, which is particularly important for co-parenting.