No Fault Divorce – Ending the ‘Blame Game’
There are many reasons why a marriage may come to an end. Many involve wrongdoing on the part of one or both of the parties involved and can easily lead to the end of the relationship being very painful and upsetting. However, as of 6th April 2022, it is no longer necessary for couples to prove wrongdoing in their marriage to file for divorce.
So, what is no fault divorce?
No Fault Divorce allows couples to divorce in an amicable manner, without the need for one spouse to blame the other. At an already difficult and emotional time, this creates a scenario where the fallout, damage and pain of a divorce can be reduced as much as is reasonably possible. It does, however, mean that spouses can’t contest the divorce, except on the grounds of coercion or fraud. Importantly, this applies to the dissolution of civil partnerships too.
And how does no fault divorce work?
Whereas the previous legal model for divorce was fundamentally one party versus the other, under the no fault divorce system, both people involved can make the application jointly and will be able to get divorced solely on the basis that the marriage has broken down irretrievably, without needing to cite fault or blame.
How long does no fault divorce take?
One of the primary concerns raised by those in opposition to No Fault Divorce was that it makes divorce (a serious and lifechanging event) far too easy. To counter that concern, a minimum timeframe of twenty weeks has been introduced between when the no fault divorce can be applied for and when it can be granted. This gives couples an opportunity to reflect and try to work through their differences before finally committing to a divorce.
Another alternative for couples is to enter into a separation agreement – a written agreement outlining the terms of their separation. This would not end a marriage, but it can enable both people to agree on the terms of their separation and can be completed in a quicker timeframe than No Fault Divorce. It is worth noting that, as a different type of legal process to divorce, this would require different legal advice.
Find out more
If this article has resonated with you, then our expert Family Law team at Tozers’ are on hand to help you to find out more. You can book a free initial conversation, or follow our online enquiry process to find out where you stand. Whatever stage you’re at, one thing is for sure….we’ll be there to support you every step of the way.