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No-Fault divorce Lawyer?
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If you are considering a divorce or separation from your partner, Shortlands family lawyers are trained in achieving the best result quickly and with as little confrontation as possible. We work with you to identify the fact that you need to rely upon and apply only those terms that work best for you.
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No-Fault Divorce
A no-fault divorce is a divorce that does not apportion blame to either party. In some countries, it can be done jointly. In England, there is no such thing as a no-fault divorce. It is hoped that the no-fault divorce procedure will become law by Autumn 2021 in England. This is a huge step for all family lawyers and is a milestone for resolution who have been campaigning for over 30 years together with other organisations. It will ensure that couples can start the process jointly. However, it does not mean that the process will be quick.
We are yet to receive an outline of the procedure. Currently, a non-contested divorce takes six months to conclude.
The no-fault divorce process means that much outdated laws will be bought into the 21st century. The case of Owen –v- Owen (2018) highlighted how out of touch the current divorce law is with current society.
The Act promoting no-fault divorce was passed in June 2020 and the government is working on making it law.
The new legislation will:
1. Replace the five facts with a new requirement to provide a statement of irretrievable break down of the marriage
2. Remove the possibility of contesting the divorce
3. Introduce an option for a joint application
4. Make sure the language used is in plain English, for example, “Decree Nisi” will be called “Conditional Oder” and “Decree Absolute” called a “Final Order”.
5. These changes will also apply to the dissolution of Civil Partnerships.
It is hoped that the introduction of the no-fault divorce process will reduce conflict and animosity allowing couples to focus on the important issues of children, property and finances.
The new no-fault divorce procedure will also take away the misconception that by apportioning “fault” there will be an advantage in terms of the financial settlement. It is very rare for the court to use one party’s conduct to the advantage of the other in a financial case.
Contrary to the thoughts of some campaigners objecting to the implementation of the no-fault divorce procedure, the new procedure is highly unlikely to result in an increase in couples’ divorcing. In fact, it will make the process cheaper and less stressful.
Frequently Asked Questions
You have to be married for at least one year before divorce can be commenced.
No. You are able to divorce in the UK as long as you or your spouse have been resident here for at least one year before starting your case, or you and your spouse are domiciled in the UK.
No.The same procedure has to be followed before divorce is finalised. See Our Flowchart
– A divorce petition
– Original Marriage Certificate, with translation if appropriate
– A fee
An ‘agreed divorce’ takes about 5-6 months to finalise.
You are still able to divorce by showing the court that you have made attempts to locate them. The facts of 2 years’ separation with consent or adultery should not be relied upon in this instance.
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