The introduction of “no-fault divorce” has significantly changed how couples approach the end of their marriage. This process eliminates the need to assign blame or prove wrongdoing, allowing a smoother, more amicable separation. Typically, the no-fault divorce process takes approximately six months to complete but it can take longer depending on the complexities of the case.
1. Statement of Irretrievable Breakdown
The process begins when one or both parties confirm that the marriage has irretrievably broken down. This is the only ground for divorce under the no-fault system. By filing this statement of irretrievable breakdown, you formally declare that reconciliation is no longer possible.
2. Sole or Joint Application Issued to the Court
After the initial statement, a divorce application is submitted to the court. This can be done either by one party (a sole application) or by both parties together (a joint application). Joint applications can sometimes make the process feel more collaborative and less adversarial.
3. 20 Week Reflection Period
Once the court receives the application, a 20 week reflection period begins. This is a mandatory waiting time designed to give both parties an opportunity to reflect and potentially reconcile. It also allows time to resolve any arrangements regarding finances, children, or property before proceeding further.
4. Conditional Order
After the reflection period, the applicant(s) can apply for a Conditional Order (previously known as a Decree Nisi). This is an official statement from the court that they see no reason why the couple cannot divorce. At this stage, the divorce is not yet finalised, but it’s an important step toward concluding the legal process.
5. Six Week Wait Period
Following the granting of the Conditional Order, there is a six-week wait period. This additional timeframe offers both parties the chance to make final decisions, particularly around important matters like financial settlements or child care arrangements, before the divorce is made final.
6. Final Order
The last step in the no-fault divorce process is the application for a Final Order (formerly known as the Decree Absolute). Once this order is granted, the divorce is legally finalised, officially dissolving the marriage. Both individuals are then free to remarry if they choose. It is extremely important to ensure a final financial order is in place prior to the Final Order being made.
The no fault divorce process allows couples to navigate their separation more amicably and efficiently, without needing to assign blame for the breakdown of the relationship.
We have a team of family law specialists able to support and guide you through the process of divorce and to assist you with resolving the financial and child arrangement issues associated to divorce. Contact one of the team here.