No-fault divorce: options for resolving separation without court

The introduction of no-fault divorce in England and Wales has changed the way couples can legally end their marriage. Since April 2022, spouses no longer need to attribute blame or rely on allegations such as unreasonable behaviour or adultery. Instead, one or both parties can apply for divorce by confirming that the marriage has irretrievably broken down.

This reform is intended to reduce conflict at the outset of separation and encourage couples to explore more constructive ways of resolving financial matters and arrangements for children. While no-fault divorce simplifies the legal process of ending a marriage, it does not remove the need to reach agreement on the practical issues that follow.

There are now several beneficial methods of resolving matters without court proceedings.

The kitchen table approach

The kitchen table approach involves separating couples reaching agreement through direct, informal discussions, i.e. around a ‘kitchen table’. This may cover finances, property and child arrangements without the involvement of solicitors or third parties at the negotiation stage.

This approach can be quicker and more cost-effective, but it relies on open communication, trust and a clear understanding of the family finances. It is generally most suitable for straightforward situations where both parties feel able to negotiate freely. Independent legal advice is important before finalising any agreement to ensure the agreement is fair and legally binding.

Family mediation

Family mediation is a common method of resolving issues following a no-fault divorce. A trained, independent mediator helps couples discuss and negotiate arrangements in a neutral and structured environment.

Mediation can be particularly effective where communication has broken down but both parties remain willing to engage. It is often less adversarial than court proceedings and can help parents focus on practical, child-centred solutions. Any agreement reached can then be converted into a legally binding order with the assistance of solicitors.

Round-table meetings

A round-table meeting involves both parties and their solicitors meeting together to negotiate a settlement. Discussions take place in person (or remotely) with legal advisers present to provide guidance and ensure proposals are workable.

Round-table meetings can be helpful where finances are more complex or where parties want the reassurance of having legal advice available throughout the negotiation process. Round-table meetings can often resolve matters more efficiently than prolonged correspondence or court applications.  Other professionals, such as financial advisers or family consultants, may also be involved to support the process and help achieve balanced solutions.

Collaborative divorce

Collaborative divorce is a structured, non-court process in which each party instructs a collaboratively trained solicitor. Everyone commits to resolving issues without litigation by signing up to a Participation Agreement and works together through a series of meetings to reach agreement.

The collaborative approach focuses on transparency, respect and long-term outcomes, particularly where children are involved. Other professionals, such as financial advisers or family consultants, may also be involved to support the process and help achieve balanced solutions.  As with round-table meetings, other professionals can also be included to help find solutions.

Choosing the right method after a no-fault divorce

Every family’s situation is different. The most appropriate approach will depend on the complexity of the finances, the level of communication between parties and individual priorities. No-fault divorce removes the need for blame, but careful advice remains essential to ensure outcomes are fair, sustainable and legally secure.

How our family law team can help

Our family law team advises clients on no-fault divorce and is highly experienced in a wide range of dispute resolution methods, including mediation, round-table meetings and collaborative divorce. We help clients choose the approach best suited to their circumstances and guide them through the process with clarity and sensitivity.

If you would like advice on your options following separation, you can contact Georgina Rayment in confidence. For more information on the services our firm offers you click here to find out more.