Ending a marriage is a significant life decision, and understanding the legal process helps couples make informed choices. No-fault divorce allows married couples in Hertfordshire, and across England and Wales, to legally end their marriage without blaming either partner for the breakdown. Although the process is designed to reduce conflict, legal guidance remains valuable when dealing with paperwork, finances, property and child arrangements. Experienced divorce lawyers in Hertfordshire can help you through each stage.
What is a no-fault divorce?
No-fault divorce was introduced in England and Wales in April 2022. It removed the requirement for one spouse to prove adultery, unreasonable behaviour or another specific reason to establish that the marriage had broken down.
Instead, one or both spouses make a statement confirming that the marriage has irretrievably broken down. This change aims to make divorce less confrontational and reduces the need to assign blame.
Who can apply for a no-fault divorce?
In England and Wales, a person must generally have been married for at least one year before applying for divorce. The application must also meet the relevant legal and jurisdictional requirements.
Couples can apply jointly, or one spouse can apply individually. If one partner does not want the divorce, the process usually does not depend on their agreement, provided the legal requirements are met.
What is the no-fault divorce process?
Step 1: Submit the divorce application
You usually submit the application online through the government service or by completing the appropriate paperwork. Applicants provide the required marriage details and state that the marriage has irretrievably broken down.
Step 2: Observe the reflection period
After the application is issued, the applicant must wait at least 20 weeks before applying for a conditional order. This period gives both parties time to consider practical arrangements and prepare for the next stage.
Step 3: Apply for the conditional and final orders
Once the required stage has been reached, the applicant or applicants can apply for a conditional order. A final order can generally be requested at least six weeks and one day after the conditional order. The final order legally ends the marriage.
It is usually wise not to apply for the final order until your financial arrangements have been agreed and, ideally, approved by the court. Once the marriage ends, you may lose rights that depend on being married, such as certain pension benefits that pass to a surviving spouse. Your solicitor can advise on timing.
How can divorce lawyers help?
Although the no-fault process removes the need to prove blame, it does not automatically settle every issue arising from a separation. A solicitor helps clients understand their rights, complete the necessary paperwork and make informed decisions.
Guidance on financial settlements
Divorce does not automatically divide a couple's money, property, savings or pensions. A lawyer explains the available options, helps identify relevant financial information and advises on reaching a fair settlement. Where appropriate, a financial consent order can make an agreed settlement legally binding.
Advice about children
Parents may need to agree on where their children will live, how time will be shared and how important decisions will be made. A family law solicitor helps parents understand their options and work towards arrangements that prioritise their children's welfare.
Support when disagreements arise
Even when couples agree to divorce, disputes about finances or children can develop. Lawyers explain negotiation, mediation and court options, helping clients understand the practical implications of each route.
Why seek legal advice before completing a divorce?
Taking advice early helps you understand the process, avoid common administrative mistakes and deal with finances and arrangements for children properly alongside the divorce itself. Common mistakes include assuming the divorce settles the finances automatically, applying for the final order too early, and agreeing informal arrangements that are not legally binding. Every family's circumstances are different, so advice based on your situation helps you plan the next steps clearly.
Speak to divorce lawyers in Hertfordshire
If you need advice about divorce, financial settlements or children’s arrangements, contact Pellys Solicitors. Our family law team supports clients in Hertfordshire dealing with divorce and separation, helping you understand your options and plan your next steps. Arrange a consultation to discuss your circumstances and the options open to you.
