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Until recently, the court only granted divorces based on specific grounds, often requiring one party to prove fault. Unreasonable behaviour was the leading cause of divorce in the United Kingdom, making up nearly 50% of all cases.
However, with the introduction of a no fault, or no blame, divorce, a new era has begun in the UK legal system. Couples can now end their marriage or civil partnership without blaming each other for the relationship's breakdown.
To better understand no fault divorce, it's essential first to comprehend the UK's previous divorce system.
Until recently, all divorces in the UK were fault-based. This meant that one party had to establish that their spouse was at fault for the marriage breakdown. The most common grounds for fault-based divorce included:
Proving fault could take a lot of time and energy, leading to conflict and hard feelings between the involved parties.
In a fault-based divorce, the spouse seeking a divorce had to provide evidence of the other party's fault. Adultery, for instance, required proof of the affair, such as photographs, text messages, or witness statements.
Unreasonable behaviour involved demonstrating that the other party had behaved in a manner that made living together unbearable. And to prove desertion, you had to show that the other spouse left without permission for at least two years.
Fault-based divorce had several drawbacks that led to its review in the UK. Firstly, it often created a hostile environment, with both parties trying to prove each other's faults. This hostility could worsen the emotional strain of ending a marriage and make it difficult to co-parent effectively.
Secondly, fault-based divorce often prolonged the process, increasing legal costs and causing unnecessary delays.
Lastly, fault-based divorce focused on assigning blame rather than addressing the needs and well-being of the parties involved.
On 6th April 2022, England and Wales implemented a no fault divorce system. This new law eliminates the need for one party to prove fault to obtain a divorce.
Under a no fault divorce system, couples can simply state that their marriage has irretrievably broken down. This approach recognises divorce as a personal decision and emphasises practical aspects of ending a marriage over past grievances.
The new law also eliminates the chance for one spouse to challenge the divorce. This prevents situations where the other spouse might have to endure years of waiting for an uncontested divorce.
The language we use for aspects of divorce has also changed:
The journey towards implementing no fault divorce in the UK has been a long one. The Family Law Act proposed the introduction of no-fault divorce in 1996. However, there was significant opposition, which prevented its full implementation.
It wasn't until 2020 that the Divorce, Dissolution, and Separation Act received Royal Assent. This paved the way for introducing no-fault divorce in the UK.
No fault divorce offers a number of advantages over the traditional fault-based system:
No-fault divorce reduces conflict by not requiring evidence or statements about bad behaviour. Parties need only produce a statement of irretrievable breakdown. This promotes amicable divorce and positive co-parenting. No blame or fault means less chance of disputes and tensions.
No-fault divorce is cheaper since it requires less solicitor communication. It needs limited personal and marriage details and is harder to contest. Now, solicitors base legal defences on technicalities, which makes the process less contentious and more efficient.
No-fault divorce can be faster than fault-based divorce because it skips the need to prove wrongdoing or blame. This streamlines the process, allowing couples to address practical matters like asset division and child arrangements more promptly.
Now, individuals can either file an application for divorce jointly or as a sole applicant. If both parties agree, they can opt for a joint application. If not, one spouse can submit a sole application. Joint applications allow for a more amicable separation.
No fault divorce has removed the option for contesting a divorce, dissolution or separation. This means that no one will have to worry about their partner contesting the divorce or dissolution and forcing them to go to court. This will save considerable time, cost and stress.
No-fault divorce offers increased privacy, as couples can keep the details of their divorce private. The previous system often required exposing personal and sensitive details to scrutiny in court. This privacy helps protect individuals' dignity and personal lives from unnecessary exposure.
No-fault divorce helps victims of domestic abuse by making the process less hostile and more efficient. Previously, individuals had to provide a statement outlining their spouse's unreasonable behaviour. This forced them to confront their trauma and potentially face revenge.
No-fault divorce requires a longer waiting period, giving couples more time to consider their options and potentially reconcile. This may be helpful for couples who are unsure about ending their marriage.
No-fault divorce removes accountability. It can be challenging for individuals to find closure or feel that someone has acknowledged their grievances.
No fault divorce laws have limited the legal options available to courts to prevent a divorce. Defences in divorce cases now challenge legal technicalities rather than the application's content. This makes the process of divorce more straightforward, but it also means there are fewer opportunities to oppose the divorce if they wish to.
To secure a no fault divorce in the UK, there are several steps to follow:
A no fault divorce will take a minimum of 26 weeks to complete. On average, the whole process takes around 7 – 10 months. The completion time varies based on complexity and cooperation.
If there are disagreements over financial matters or child custody, the process may well take longer. It's important to stay patient and follow legal advice when necessary to ensure the process goes smoothly and efficiently.
The current court fee for a divorce application in England and Wales stands at £593 as of March 2024. In addition, there are solicitors' fees to consider. At Zeus we offer a free initial consultation with our expert team of family law solicitors. Schedule yours today to discuss our fees and receive tailored advice to guide you through your divorce journey.
Divorce carries significant legal and practical consequences, impacting tax status and pension entitlements. Navigating a no fault divorce in the UK can be an incredibly complex process, making professional legal advice crucial.
Solicitors play a vital role in safeguarding your rights and interests throughout the process. They offer guidance on financial entitlements and negotiate settlement terms. They provide valuable counsel on child custody matters and represent clients in court if needed. Additionally, solicitors manage paperwork thoroughly, ensuring timely submission to the court and averting potential complications.
While a no-fault divorce simplifies the process, asset division and child arrangements remain the same. To resolve financial and child-related issues, parties can use various methods. These include negotiation, mediation, court proceedings, arbitration, collaborative law, or a combination.
The court still requires that both parties fully disclose their financial assets, which include properties, savings and pensions. In both traditional and no fault divorces, achieving a fair division of assets is crucial. Although the initial split may begin at 50/50, adjustments can ensure financial equality for both parties.
When considering the division of assets in a divorce, courts take into account several factors. These include the duration of the marriage, the contributions made by each party, and the needs of any children involved.
Making your financial arrangements official through a court order is crucial. This applies even if you and your partner have already agreed on the terms of financial division. If you fail to do so, the financial claims will remain open. This leaves you at risk of a financial claim in the future, even after the completion of the divorce proceedings.
A clean break order is a legal document which ensures a financial settlement is final. It provides clarity and certainty and prevents any future claims on each other's assets or income. And is a valuable tool to achieve financial independence and closure after a divorce.
The introduction of no fault divorce marks a significant shift towards a less combative process for ending marriages. However, divorce remains a challenging experience, and seeking legal support is crucial to navigating it successfully.
At Zeus, we offer a free initial consultation to provide you with tailored advice and assistance. Schedule your complimentary consultation today to talk to one of our team. We are here to help you navigate your divorce with confidence and peace of mind.
