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No Fault Divorce

What is no-fault divorce?

  • Currently, divorce necessitates blame. You need to be able to set out issues which have caused the irretrievable breakdown of the marriage if you want the divorce to proceed now, rather than having to wait a set time (2 years if you spouse consents to the divorce or 5 years irrespective of consent). The main facts to rely on, which set out fault are unreasonable behaviour or adultery.
  • The introduction of no-fault divorce in April 2022 will end the blame game, and hopefully help reduce hostilities when dealing with family affairs.

Will no-fault divorce be quicker?

No. It will still take a minimum of 6 months to finalise a divorce. There will be issues such as finances and children which will also need to be resolved, so although it is hoped no fault divorce will reduce animosity, it is unlikely to be any swifter than the current process. 

Will it be cheaper?

It is hard to say, as with any divorce there will be other matters than need to be looked at. Costs soon spiral when it comes to financial matters, and care arrangements for children. It is envisaged that in reducing acrimony from the outset, individuals will find it easier to work with one another on other issues- if this does occur then costs will undoubtedly be lower.

If you would like to discuss no-fault divorce further (what it means or whether you should wait for its introduction) then please do get in touch.

Gemma Richardson