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Even the most straightforward divorces typically take four to six months to move from the initial petition to the final decree absolute. However, if one party contests the divorce or delays the process during financial settlement negotiations, it can extend to over a year, or even longer in some cases.
No-fault divorce is a legal process that allows couples to divorce without assigning blame to either party. It retains the requirement to prove an “irretrievable breakdown” of the marriage but eliminates the need to cite specific reasons like adultery or unreasonable behaviour. Instead, the couple only needs to state that the marriage has broken down irretrievably.
Under no-fault divorce, the ability to contest the divorce is removed, meaning that one party cannot oppose the divorce simply because they do not want it. However, there are still some legal grounds to challenge a divorce, such as disputes over the validity of the marriage or jurisdictional issues.
In the UK, no-fault divorce was introduced in England and Wales in April 2022, making it applicable in these regions. However, it does not apply uniformly across the entire UK. Scotland has its own legal system and had a form of no-fault divorce even before this change, although the specific procedures differ. In Northern Ireland, the introduction of no-fault divorce has not yet occurred, so traditional fault-based grounds are still required.
The partner who initiates the divorce process is known as the Petitioner, the person who receives the Petition is known as the Respondent. You may petition for divorce if you have been married for at least twelve months. You simply need to make an application including a ‘statement of irretrievable breakdown’. This is essentially a statement saying that your relationship has broken down to the point that the marriage cannot continue.
You can send a petition yourself by applying through the County Court or get a solicitor to send it for you. A do-it-yourself divorce is only usually a good idea where you think your divorce will be straight forward or both of you agree. If there are disputes over finances or children, you will probably need a solicitor.
The person who receives the petitions has to submit an Acknowledgement of Service. The acknowledgment of service is primarily a formal process to confirm that the respondent has received the divorce application.
The Decree Nisi will be granted by the court when the necessary documentation has been checked and the divorce agreed. The date for the Decree Absolute can be set six weeks and one day from this point but this will usually depend on whether you have reached an agreement regarding the division of assets and arrangements for the children. The court will want to establish that any arrangements have been agreed or ordered by the court before the Decree Absolute can be granted.
The Decree Absolute is irreversible and means that the marriage has ended. You will probably not need to attend court for this.
Even the most straightforward divorces typically take four to six months to move from the initial petition to the final decree absolute. However, if one party contests the divorce or delays the process during financial settlement negotiations, it can extend to over a year, or even longer in some cases.
It’s perfectly possibly to file a divorce and see the process through without a solicitor. It will potentially save thousands in legal fees, however, it’s only advisable when you both agree the terms of your divorce including finances and arrangements for your children.
See our page on Do-It-Yourself Divorce
Under the no-fault divorce system in England and Wales, when someone files an acknowledgment of service, they generally cannot object to the divorce itself.
Once one party initiates the divorce and claims that the marriage has irretrievably broken down, the other party cannot contest or object to the divorce simply because they disagree with it. The acknowledgment of service is primarily a formal process to confirm that the respondent has received the divorce application.
However, there are still limited legal grounds on which a divorce can be challenged, such as disputes over the jurisdiction, claims that the marriage was not valid, or if there was some form of coercion or fraud involved in the divorce proceedings. These are exceptions and not common reasons for challenging a divorce.
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