How do no-fault divorces work in the UK?

Divorce has always been one of the more difficult topics of conversation on this website, but the UK government sought to bring an end to the ‘blame game’ on divorces back in April 2022 with the enactment of no-fault divorce proceedings.

Britain’s legal framework surrounding marital separation was overhauled two years ago, making it easier for people to legally separate. The theory behind a ‘no-fault’ divorce is that couples can now part ways amicably, with the law no longer requiring one spouse to assign blame to the other for the breakdown of the marriage. The aim being to focus efforts on resolution instead of contention.

Before the new ruling, either spouse had to cite one of five causes of the breakdown of their marriage. This included adultery, unreasonable behaviour, desertion and separation without consent. The framework meant that couples were compelled to assign blame, even in scenarios where both parties agreed the marriage had run its course.

Explaining the new law

The new legislation also aims to usher in a streamlined legal process, which should minimise stress and confusion. Either party can file a divorce application and joint applications are also welcomed, reflecting the mutual nature of no-fault divorces.

The framework has also introduced a so-called ‘cooling-off period’, allowing both parties to reflect on the initial application. At least 20 weeks must pass after the submission of the initial application before the courts can issue a conditional order. There is always the prospect of reconciliation in this window.

Once the conditional order is granted, there’s a further six-week window between this and the final order, which finalises the end of the marriage in the eyes of the law.

Although the new framework is designed to make the divorce process simpler and less painful all round, the importance of leaning on UK divorce lawyers to oversee the arrangement is as strong now as it was three years ago. Divorce often leads to various complexities, be it dividing property assets, financial settlements or child custody. Professional divorce lawyers can guide clients through these intricacies and ensure a fairer outcome for all concerned.

The new legal regime may have simplified the application process but there’s still a requirement for agreements to be drafted and finalised. Lawyers can also demystify legal jargon and provide representation during any necessary court procedures.

The benefits of no-fault divorces summarised

Here are three main benefits of no-fault divorces:

Minimises the need for conflict: The primary benefit of a no-fault divorce is the change in mindset of both parties. There’s no need to assign blame. Instead, the focus can be solely on finding solutions, ensuring a more cooperative process.
Swifter resolutions: With no need to find fault in either spouse, legal proceedings in a no-fault divorce tend to be much easier and can be concluded faster.
Eases emotional and financial uncertainties: Ultimately, no-fault divorces can make splitting up less adversarial. Things can be finalised amicably, without having to be at loggerheads across a lawyer’s table.

For further reading around the subject check out the GOV.UK guidance on the landmark reforms of no-fault divorces, which was part of wider action to improve the family justice framework.

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