No-Fault Divorce in England and Wales: A Comprehensive Guide

In April 2022, the long-awaited no-fault divorce law came into effect in England and Wales, fundamentally changing the divorce process. Prior to this reform, individuals seeking a divorce had to provide a reason for the marriage’s breakdown, often leading to blame and conflict between the parties.

With the introduction of the no-fault divorce system, the process became simpler, more straightforward, and less acrimonious. This blog covers the key features of no-fault divorce, the steps involved, and whether Nigerians married abroad can divorce in the UK

No-fault divorce empowers individuals to choose peace over blame — offering a dignified path out of a broken marriage, and the freedom to start again without shame, guilt, or conflict

What is No-Fault Divorce?

The no-fault divorce law, which came into force on April 6, 2022, allows couples to divorce without having to prove that one party is at fault. Under the previous system, divorcing couples had to prove adultery, unreasonable behaviour, desertion, or long-term separation.. This often led to blame being placed on one partner, creating unnecessary tension and complications in the divorce process.

The introduction of the Divorce, Dissolution and Separation Act 2020 meant that couples could now state that the marriage had irretrievably broken down, and that was sufficient for the divorce application. This reform aimed to reduce conflict and emotional distress, especially when children are involved. It marks a significant shift towards a more amicable and practical approach to divorce.

Key Features of the No-Fault Divorce Law

The no-fault divorce law introduced several significant changes:

1. No Need to Prove Fault: Previously, one party had to prove fault through allegations such as adultery or unreasonable behaviour. Now, one or both parties can simply state that the marriage has irretrievably broken down.

2. Joint Application: For the first time, a joint application for divorce can be made. This means that both parties can apply for the divorce together, demonstrating mutual consent and agreement.

3. Minimum Timeframe: The minimum period from the start of proceedings to final divorce is 26 weeks (6 months). This allows time for reflection, reconciliation, or amicable discussions on issues like children and finances, but the divorce will not be delayed unnecessarily.

4. No Blame: The new system eliminates the need for one partner to be blamed for the marriage breakdown, promoting a less adversarial approach. This is especially important in cases involving children, where ongoing cooperation between parents is crucial.

5. Simplified Procedure: The process is now simpler and more streamlined, with fewer technicalities and legal complexities involved. This makes it easier for individuals to navigate without necessarily needing legal representation.

Steps to Get a No-Fault Divorce in England and Wales

The process for getting a divorce under the no-fault system is relatively straightforward, but it’s essential to follow the correct steps to ensure everything is legally valid.

Here are the key steps involved in obtaining a no-fault divorce:

Step 1: Application for Divorce

The first step in a no-fault divorce is submitting an application for divorce to the Family Court. This application can be made by one party (the sole application) or by both parties together (the joint application).

• If you choose a sole application, the applicant must complete the divorce application form and state that the marriage has irretrievably broken down.

• If you opt for a joint application, both parties sign the application together, confirming mutual agreement that the marriage has ended.

Step 2: Acknowledgment of Service

Once the application is submitted, the other party will receive a copy of the application. They will be required to acknowledge receipt of the divorce application within a specified time frame.

If there is a sole application, the respondent has 14 days to acknowledge receipt of the application. If it’s a joint application, no acknowledgment is necessary as both parties have already agreed to the divorce.

Step 3: Conditional Order (Previously Decree Nisi)

Once the court has received the acknowledgment or there is no response from the respondent within the specified period, the court will consider the application and issue a conditional order (previously called the Decree Nisi). This is the stage where the court confirms that the marriage has irretrievably broken down.

The court will grant the conditional order if it is satisfied that all the legal requirements have been met. The conditional order is the court’s declaration that it is likely the divorce will be granted.

Step 4: Final Order (Previously Decree Absolute)

After the conditional order has been granted, there is a minimum waiting period of 26 weeks before you can apply for the final order (formerly Decree Absolute). This 26-week period gives time for reflection, during which the parties can still reconsider their decision to divorce.

Once the 26 weeks have passed, either party can apply for the final order, which legally ends the marriage. This can be done by either party or both, and once granted, the divorce is complete.

What Happens If You Don’t Apply for the Final Order?

If you do not apply for the final order after the 26-week period, the divorce process remains incomplete, and the marriage will still legally exist. This could affect things like remarriage and other legal matters. Therefore, it is important to apply for the final order once the waiting period has passed.

Can Persons Married in Nigerian Jurisdiction Divorce in the UK?

Yes, individuals who were married in Nigeria can divorce in the UK, provided that they meet the necessary legal requirements. The UK has jurisdiction to handle divorce cases involving foreign marriages if certain conditions are met, such as:

1. Habitual Residence: Either party must have been living in England or Wales for at least 12 months immediately before the application for divorce.

2. Nationality: If one party is a British citizen or has strong ties to the UK, this could also allow the UK courts to assume jurisdiction.

3. Recognition of Foreign Marriages: The marriage must be legally valid under Nigerian law and recognized as valid in the UK.

If these conditions are met, the UK court can process the divorce, even if the marriage took place in Nigeria. The divorce procedure under UK law, including the no-fault divorce, will apply, and both parties will need to adhere to the legal requirements for the divorce to be valid.

However, if the parties involved have strong ties to Nigeria, they may also choose to pursue divorce proceedings in Nigeria under Nigerian law, depending on the circumstances.

Conclusion

The introduction of no-fault divorce in April 2022 was a significant reform to the divorce process in England and Wales. By allowing couples to divorce without the need to prove fault, the system has become more compassionate and streamlined, reducing the emotional toll on the individuals involved. The simplified process promotes cooperation, which is particularly important when children are involved.

If you are married in Nigeria or another foreign jurisdiction, it is possible to divorce in the UK, provided certain legal requirements are met. Understanding the steps and legal framework for divorce in the UK ensures that individuals can navigate this process smoothly, whether they are going through a no-fault divorce or another type of dissolution.

If you have any questions or would like to connect, you can fill the contact form via the ‘Reach Out’ link below. You can also follow me on the social platforms below.