As of April 6, 2022, the UK has implemented a no-fault divorce system, fundamentally changing the way couples can end their marriages. This new system is designed to reduce conflict and make the process of divorce simpler and more straightforward. Here’s a look at what no-fault divorce entails and how it works.
What is No-Fault Divorce?
No-fault divorce allows couples to end their marriage without the need to assign blame or prove wrongdoing by either party. Under the previous system, one spouse had to accuse the other of adultery, unreasonable behavior, desertion, or they had to live apart for a specific period (two years with consent or five years without consent).
Key Features of No-Fault Divorce
Single Ground for Divorce:
The only ground for divorce is that the marriage has irretrievably broken down. There is no need to provide evidence of fault or wrongdoing.
Joint Applications:
Couples can now make a joint application for divorce, reflecting a mutual decision to end the marriage. Alternatively, one spouse can still apply individually.
Simplified Language:
The terminology has been updated to be clearer. For example, "decree nisi" is now called a "conditional order," and "decree absolute" is now a "final order."
Minimum Timeframe:
There is a mandatory minimum period of 20 weeks from the start of proceedings (when the court issues the application) to the conditional order. After the conditional order, there is an additional six-week period before the final order can be applied for. This ensures a minimum of 26 weeks (about six months) for the entire process.
Reducing Conflict:
By removing the need to assign blame, the no-fault system aims to reduce conflict and stress, which can be particularly beneficial for any children involved.
The No-Fault Divorce Process
Application:
Either one or both spouses apply for a divorce, citing that the marriage has irretrievably broken down.
Conditional Order:
After a minimum period of 20 weeks from the application, the applicant(s) can apply for a conditional order. The court must be satisfied that the marriage has broken down irretrievably.
Final Order:
Six weeks after the conditional order is granted, the applicant(s) can apply for a final order, which legally ends the marriage.
Financial Settlements and Child Arrangements
Even with a no-fault divorce, you will need to address financial settlements and arrangements for any children:
Financial Settlements: This involves dividing assets, property, pensions, and any ongoing financial support. It's often beneficial to reach an agreement amicably, but the court can decide if necessary.
Child Arrangements: Agreements need to be made regarding where children will live, how much time they will spend with each parent, and how decisions about their upbringing will be made.
How I Can Help
As a consultant, I can offer significant support throughout your divorce process, including:
Document Preparation: Helping you fill out forms accurately and comprehensively.
Explaining the Process: Breaking down the steps and legal terms into understandable language.
Support and Guidance: Providing emotional and practical support during a challenging time.
Language Support: Assisting you in English, Italian, German, Russian, French, and Spanish.
Free Initial Consultation
I offer a free 30-minute initial consultation to discuss your situation and how I can assist you with the no-fault divorce process. My goal is to support you with integrity, ensuring your best interests are always prioritised.
Phone: +44 7552 196400
Email: NatalieFamilyLaw@gmail.com