No Fault Divorce

Q: When Can I Get a Divorce?

A marriage is a legally binding relationship, so if a couple no longer wants to be part of that relationship, they will need to consider getting divorced to break the legal ties to their spouse. The same is true of civil partnerships. To get a divorce, or dissolve a partnership, you need to have been married or civil partners for twelve months or more and be certain that your marriage or civil partnership has "irretrievably broken down". Until recently, to divorce, it has been necessary to prove the above by relying on one of 5 “facts” which include: adultery, unreasonable behaviour, desertion of 2 years, 2 years separation with consent or 5 years separation. (Please note that civil partners cannot rely upon adultery should they wish to dissolve their civil partnership). However as of 6th April 2022, it is open to parties, pursuant to The Divorce, Dissolution and Separation Act 2020, to apply to divorce or to dissolve a civil partnership on the basis of irretrievable breakdown in the absence of demonstrating fault. It is further open to parties to apply jointly or independently to divorce or dissolve a civil partnership. After a period of 20 weeks from the date the application for divorce (or dissolution) is issued, it will be possible to apply for a conditional divorce (or dissolution) order – formerly decree nisi within divorce proceedings (on the basis the Respondent has been given notice of the divorce proceedings and been served within 28 days of the above date). Upon a conditional divorce (or dissolution) order being granted, it will be possible for either party to apply for a final divorce (or dissolution) order – formerly decree absolute within divorce proceedings.

No Fault Divorce / Dissolution

Expert legal advice, support and guidance helping you take the first step into your new life.

When Can I Get a Divorce?

You can apply to dissolve a marriage or civil partnership on the basis of irretrievable breakdown without the need to show fault on the part of either party. We can help to support you through this process.

An application is lodged with the court. After a period of 20 weeks from the date the application for divorce/dissolution is issued, it will be possible to apply for a conditional divorce/dissolution order. Six weeks after the granting of the conditional divorce/dissolution either party can apply for a final divorce/dissolution order. Consideration should be given as to whether you apply for the final order before the financial matters are resolved and we can advise you on this.

Can I Get My Marriage Annulled?

Under certain circumstances you may be able to have your marriage annulled. You must apply to annul the marriage within a reasonable period, which in some cases will be three years.

There is no requirement to have been married for twelve months.

Please contact us for further advice regarding this.

Support by our Family Experts at Parfitt Cresswell

At Parfitt Cresswell, we understand that divorce can be a difficult time for all involved. Our experienced family law experts are here to support and advise you throughout the divorce process, as well as offering you information about alternative resolution options.

We can also help you with the financial aspects of a marriage breakdown and with any issues relating to your children.

We offer a complimentary, no-obligation, initial consultation with one of our experienced legal experts to discuss your situation and provide you with a general overview of what your options are.

Click on the button below for a call back to arrange your complimentary initial consultation today or call us on 0800 999 4437.