‘No Fault Divorce’ is now an option for couples

There has been a much awaited-for change in divorce proceedings. From 6th April 2022, we saw the introduction of the ‘no fault divorce’.
This will allow couples to apply for a divorce without having to assign blame under the original grounds for divorce.

What does this mean?

You will still be required to demonstrate the irretrievable breakdown of the marriage but will now be able to do so by way of a “statement of irretrievable breakdown”.
This means that you will no longer have to rely on a particular reason or assign blame under one of the previous facts such as adultery or unreasonable behaviour to be able to obtain a divorce immediately.

What are the benefits of a no fault divorce?

In many cases, couples want to divorce because the love has been lost within the marriage, or circumstances have changed to such an extent that people wish to go their separate ways. The no fault divorce means there will no longer be a need to engage in any “blame game”.
It will also help those couples that have previously found themselves having to wait 2 years to obtain a divorce if nobody was necessarily at fault. People will no longer have to wait 2 years, often feeling in limbo, if they wish to obtain a divorce amicably.
The new law will also remove the ability for one spouse to contest the decision to divorce if they do not agree with the reasons, therefore avoiding lengthy and unnecessary contested court proceedings.
It will also remove any inequality in the law for same-sex partners who previously could not rely on the ground of adultery, putting all persons on an equal footing when obtaining a divorce.

Achieving an amicable divorce

The introduction of this change will help to ensure that other issues arising from a divorce, such as child arrangements and settling finances, can be dealt with from a position whereby nobody is blaming the other for the breakdown of the marriage, resulting in a more amicable separation all round.

Partner and Matrimonial Solicitor John Clegg comments;

“Change in the law is in all reality long overdue and universally welcomed. The previous legislation governing a divorce was established in 1973 and in the current era had widely been accepted as no longer fit for purpose. The process of separation is hard enough for those involved without being compelled to attribute blame against the other in court for what can often be an agreed process to separate. Removing blame from the divorce process will significantly reduce scope for conflict and hopefully allow those involved to focus upon resolving the issues arising from a separation in a far more constructive way.”

If you are separated and looking to get a divorce, our team of experts are here to help. We know it can be worrying contacting a divorce solicitor, but you’ll find our team approachable and easy to talk to. We also offer a free 30 minute appointment to all new clients. For more information see Divorce and Separation, call us on 0114 249 6666 or email enquiries@howellsllp.com