No Fault Divorce

Rose & Rose

No-Fault Divorce Solicitors

 

As of the 6^th April 2022, No-fault divorce has been introduced in England & Wales, offering couples another route of divorcing their spouse or civil partner.

Traditionally, providing one of the five following reasons was needed as proof of the marriage breakdown;

• Desertion.
• Adultery.
• Unreasonable behaviour.
• Separation for at least 2 years (if the non-petitioning spouse agrees).
• Separation for at least 5 years (whether the non-petitioning spouse agrees or not).

These reasons often imply a fraction of blame on either or both sides of the relationship, making it difficult to have an amicable divorce or dissolution of the partnership, often making the process unnecessarily hostile.

The new legislation in the no-fault divorce reform removes the requirement of the five main criteria needed in a traditional divorce. Also, it offers couples the option of joint applications, among other benefits for some couples.

 

What’s new with no-fault divorce?

The new legislation will:

• Replace the ‘five reasons for divorce’ with a new requirement to provide a statement of irretrievable breakdown
• Remove the possibility of contesting the divorce
• Introduce the option of a joint application
• Make sure the language is in plain English, for example, changing ‘decree nisi’ to conditional order and ‘decree absolute’ to final order

This means couples no longer must attribute blame to either party and this grants them the opportunity to carry out a more amicable divorce process. Couples can also apply for no-fault divorce online, minimising the chance of postal delays for a more streamlined process.

 

Why is no-fault divorce important?

The previous divorce laws were passed in the Matrimonial Causes Act 1973, reflecting a different view of divorce than in our current ever-changing society. The new legislation reflects a more modern approach to divorce, whereby neither party is to blame, but the relationship is irretrievably broken down for other reasons than the spotlighted “five reasons”. Various media sources suggest that these new laws will “end the blame game”, but it is however important to note that in England & Wales, the laws surrounding financial provision on divorce will remain the same.

 

Can I still get a traditional divorce?

Inevitably, not all divorces will be without blame, and there is still the option to divorce on the grounds of adultery or other one-sided issues within a marriage. However, the option for a ‘traditional divorce’ (whereby a couple must apply one of the existing ‘five reasons’ for divorce) no longer exists.  No matter the circumstances for divorce, whether the decision is mutual or one-sided, the Divorce Solicitors here at Rose & Rose will still be here to support you through the process.

 

Contact our No-Fault Divorce Solicitors

If you seek expert legal advice regarding your divorce process, or if you are wondering what course of divorce is most suitable for you, get in touch with our specialist and professional Divorce Solicitors in Kingston Upon Thames. Our team approach all cases with the utmost professionalism, fully understanding that this can be a difficult time for you and your family.

Click on a member of our team below for more information and get in touch.