No fault Divorce and Civil Partnership Dissolution Services

Navigating the complexities of divorce or civil partnership dissolution can be a challenging time. At Marshalls Solicitors, based in Plymouth, we understand the emotional and practical difficulties involved, and we’re here to provide clear, compassionate, and efficient legal assistance for undefended divorce and civil partnership dissolution cases in England.

The Modern Approach: No-Fault Divorce in England

Since 6 April 2022, the law governing divorce and civil partnership dissolution in England and Wales underwent a fundamental reform. The concept of no-fault divorce was introduced under the Divorce, Dissolution and Separation Act 2020. This significant change means separating couples no longer need to attribute blame or prove “fault” (such as adultery or unreasonable behaviour) to obtain a divorce or dissolution.

Instead, the sole ground for divorce or dissolution remains that the marriage or civil partnership has irretrievably broken down. This is now simply evidenced by a statement to that effect, which the court must accept as conclusive. This modernised approach aims to reduce conflict, promote amicable separation, and simplify the legal process for divorce.

What is an No fault Divorce or Civil Partnership Dissolution?

An undefended divorce or civil partnership dissolution occurs when both parties agree on the decision to end the marriage or civil partnership. Crucially, under the no-fault system, the respondent cannot dispute the application for divorce or dissolution (except on very limited technical grounds, such as the validity of the marriage or the court’s jurisdiction). This removes the potential for one party to trap the other in an unwanted marriage, leading to a typically more straightforward and less contentious resolution. This agreement facilitates a smoother process, allowing both parties to move forward amicably.

Our Expert Legal Support for Undefended Cases

We specialise in guiding individuals through the undefended divorce and civil partnership dissolution process under the no-fault provisions, ensuring all legal requirements are met efficiently and accurately. Our services are designed to alleviate the administrative burden, providing you with peace of mind during this period of transition.

We offer comprehensive support, including:

• Initial Consultation: A thorough discussion to understand your specific circumstances and advise on the most appropriate legal pathway for your undefended case under the no-fault regime. Applications can be made solely or jointly.
• Preparation and Filing of Applications: Meticulous drafting and submission of all necessary court forms, including the Divorce Application or Application for Dissolution of Civil Partnership, ensuring compliance with current court procedures in England.
• Service of Documents: Where the court has been unable to effect service, we provide professional handling of the formal service of documents on your spouse or civil partner.
• Application for Conditional Order: Promptly applying for the Conditional Order (formerly Decree Nisi) after the mandatory 20-week reflection period from the start of proceedings, once the respondent has acknowledged the application.
• Application for Final Order: Applying for the Final Order (formerly Decree Absolute), which legally ends your marriage or civil partnership, typically six weeks and one day after the Conditional Order is granted. It is, however,  important to note that while the Final Order can be applied for once the statutory period has passed, we may advise you to delay this application. This is often a strategic decision, allowing time for a financial settlement to be formally agreed upon and, ideally, approved by the court through a consent order. Delaying the Final Order can provide crucial protections regarding pensions and other assets until a comprehensive financial arrangement is in place.

• Clear Communication: Keeping you informed at every stage of the process, explaining legal jargon in plain English, and answering any questions you may have.

Why Choose Marshalls Solicitors for Your Family  Case?

• Specialised Expertise in Current Law: We possess extensive experience in family law in England, particularly handling no fault divorce and civil partnership dissolution cases under the no-fault provisions.
• Members of Resolution: We’re proud members of Resolution; an organisation of family justice professionals committed to a constructive and non-confrontational approach to resolving family issues. This means we adhere to their Code of Practice, striving to reduce conflict and promote solutions that consider the needs of the whole family, with a particular focus on the best interests of any children.
• Efficiency and Speed: We’re committed to progressing your case as swiftly and smoothly as possible, embracing the streamlined nature of the no-fault process to minimise unnecessary delays.
• Fixed Fees (Where Applicable): For most no fault divorce cases, we’re able to offer competitive fixed fees, providing clarity on costs from the outset. Exceptions might apply where your husband, wife, or civil partner is abroad or needs to be located, as these situations can involve additional complexities and disbursements.
• Client-Centred Approach: We prioritise your well-being, offering empathetic and practical advice tailored to your individual needs throughout this significant life change.
• Geographical Reach: While based in Plymouth, we’re able to assist clients across Wider Devon, Cornwall and the South West with their undefended divorce and civil partnership dissolution matters.

Begin Your Journey Towards a New Chapter

If you’re seeking an efficient and straightforward resolution to your marriage or civil partnership, we’re here to assist. Please  contact us today for a confidential discussion about our undefended divorce and civil partnership dissolution services under the no-fault law. We’re committed to providing the legal support you require to navigate this process with confidence.

Contact Marshalls Solicitors  today to discuss your undefended no-fault divorce or civil partnership dissolution