Many people when they hear the word ‘divorce’ envision a courtroom with embittered former spouses arguing over a family heirloom that they both want to keep.
Thanks to Hollywood and other depictions in the media, divorce has been somewhat dramatised and of course, is usually focused around adultery.
But in the UK, there is a change in the works with divorce law. For years, solicitors and spouses who wanted an amicable separation from a former partner were unable to accomplish this on the basis that a divorce had to have a reason. And in real life, it’s simply not that clear cut.
Hence, the introduction of the no-fault divorce to the UK legal system coming in 2022.
At Prentice Family Law, our divorce solicitors in Weybridge welcome this change, as it will mean a better outcome for our clients and their families. Our team has always worked hard to keep legal separations as civil as possible, but in some circumstances the emphasis on blame has prevented this from occurring. But now, we can better serve our clients, focusing more on the legal aspects of divorce, as opposed to emotive areas, to the benefit of all involved.
Curious to learn more about no-fault divorces in the UK? Our divorce solicitors in Weybridge answer the most common queries we have received on this subject.
Is no-fault divorce likely to result in more divorces?
In other countries around the world where no-fault divorces have been legalised, there has been a temporary blip in the number of divorces.
As our divorce solicitors in Weybridge have noted, this spike soon returns to normal and is likely the result of couples who have been waiting for the law to come into effect to avoid blaming each other for the separation.
So, long term, no, we don’t anticipate that no-fault divorces will lead to more divorces.
Is it a quickie divorce?
No; a quickie divorce is another idea that came from Hollywood that doesn’t actually exist in real life.
A no-fault divorce has the same time frame as a regular divorce; you have to have been married for 12 months before you can apply. And the process is estimated to actually be shorter, as, in other countries where it has been legalised, there has been no need for many couples to go via court.
Will it impact the price of divorce in the UK?
In theory, it seems that a quicker divorce without courtroom costs or mediation would be cheaper.
You need to consider that the price of obtaining a divorce (whether it is no-fault or not) will remain the same and there will still be other costs involved, especially if you own property together or have children together.
Is the application process the same?
Yes; for your divorce process to begin, you will still need to file a petition, and your spouse will still need to agree to it.
The only real change will be in the paperwork, where it asks for a reason as to why you are seeking the divorce.