Many solicitors have argued that divorce law within the UK has long been due an overhaul, simply because family law and divorce law have not been updated since 1973. From the 6th of April 2022, no-fault divorces have become legal in the UK.
They are exactly what they sound like and remove the emphasis on blame relating to the breakdown of the marriage. Meaning, in short, that no one has to stay in an unhappy marriage if it has just broken down.
At Prentice Family Law our divorce solicitors in Weybridge can help any of our clients who are looking to undertake a no faults divorce. We will always aim to ensure that you have all of the correct information relating to the divorce process, and will of course help you through this difficult period in your life with professionalism and compassion.
But why has this law suddenly been changed? In the following guide, our divorce solicitors in Weybridge introduce you very briefly to no-fault divorces in the UK, and will hopefully answer this question and many more that you may have.
Why are no-fault divorces now legal?
It is often the case that when a marriage breaks down it is not the result of fault or wrongdoing as is usually defined in the legislation. According to our divorce solicitors in Weybridge, some couples become sad within their marriages through no direct consequence of their partner’s actions. No-fault divorces are a way for a reduction of stress, conflict and emotional fallout commonly associated with divorce and allow the parties to focus on central issues revolving around property, assets and children.
How to apply for no-fault divorce
Both people in the relationship can apply for a no-fault divorce and can apply to our team directly. After 20 weeks, the applicant who gave the notice confirms that they wish to proceed with the divorce. The courts will then make a conditional order and following a further six weeks, the court can make the final order, which is in essence the final piece of paperwork required to end your marriage.
Advantages of no-fault divorce
No-fault divorce reduces the likelihood of somebody living in an unhappy relationship. There is no legal blame attached, it reduces conflict, emotional situations and prevents domestic abusers from being able to trap their partners in their unwanted marriages. It will also help to keep relationships amicable between parents, as if there is no blame, there should be minimal emotional fallout or conflict.
Does it impact finances or children differently?
No, no-fault divorce does not impact your finances or children differently to a regular divorce, as these aspects to your relationship will still have to be hammered out. However, it is more likely that there will be less acrimony between you and your partner based solely on the premise of no-fault divorce, so the process will likely cost less.
Costs
If a divorce is lengthy, the legal costs will be higher. Under a no-fault divorce the process, in general, is faster provided that you and your partner are amicable towards each other. It isn’t in itself cheaper, but it is less likely to incur additional legal costs through any extended negotiations.