A piece of much-needed legislation was passed in April 2022 that meant it was now legal to file for a no-fault divorce in the UK.
A no-fault divorce is the dissolution of a marriage that does not require apportioning blame to one of the parties, meaning couples could divorce without needing to prove that one person is at fault for the breakdown of the marriage. Obviously, the idea behind this is to speed up the divorce process and make it more amicable for all the parties involved.
Our team at Prentice Family Law are up to speed on the legislation surrounding no-fault divorces, and our divorce solicitors in Guildford are more than happy to meet with couples who require guidance through the process.
But there are some core facts that those seeking a no-fault divorce should know about the process, and five of these will be discussed here with the help of our divorce solicitors in Guildford.
It has changed the face of divorce
According to our divorce solicitors in Guildford, in the UK, no-fault divorce became possible with the introduction of the Divorce Reform Act of 1969.
The Divorce Reform Act of 1969 was a law passed in the United Kingdom that significantly reformed the legal process for obtaining a divorce. Prior to the Act, a divorce could only be granted if one party could show that their former spouse was at fault for the breakdown of the marriage through actions such as adultery, cruelty, or desertion.
You needed to have been separated for 2 years
To obtain a no-fault divorce in the UK, couples had to have been separated for at least two years, and both parties had to consent to the divorce.
However, you can begin the process of the divorce earlier, provided that at least 12 months have passed since you and your former spouse got married.
You can also apply for a no-fault divorce in the UK, even if you got married overseas, provided that you currently reside in the UK, are over the age of 18, and have a valid marriage certificate.
It cannot be contested
Unlike traditional divorce, which can be contested, a no-fault divorce legally cannot be.
So, if you begin the process of no-fault divorce and your partner does not agree to it, it can still go ahead. However, there are some technical and legal aspects relating to paperwork, which can be used to contest a no-fault divorce.
Mediation is still needed
While it is optional, our team will still advise that even if you are undertaking a no-fault divorce, you and your partner attend mediation.
This will allow you to reach an amicable conclusion and be better for any children you have.
There is still paperwork!
The process of beginning a no-fault divorce does still involve the filling in and application of paperwork, which we will be happy to help you complete.
The decree nisi is called a conditional order, and a decree absolute is called a final order, but they all have deadlines and requirements for the divorce to go ahead.