No Fault Divorce- What does this mean for you?
As unfortunate as it sounds, the estimated rate of divorce in the United Kingdom is currently around 42%. As recorded by the Office of National Statistics, in 2021 there were 113,505 divorces granted in England and Wales alone, which was a 9.6% increase in comparison with the previous year, when 103,592 divorces were recorded.
There is no doubt, that obtaining a divorce is not easy and may even feel traumatising, nonetheless the changes in the divorce law introduced from the 06th of April 2022, have attempted to make the process swifter and less tedious for those seeking to obtain a divorce.
What is a ‘No Fault Divorce’?
No Fault divorce is part of the Divorce, Dissolution and Separation Act 2020 which amends both the Matrimonial Causes Act 1973 and the Civil Partnership Act 2004 to take out fault-based concepts in proceedings for divorce, dissolution, and judicial separation. In essence, the concept of No Fault Divorce is to altogether remove any blame or fault, directed towards either party.
The new law has attempted to make divorce an efficient and streamlined process for both the parties involved. Moreover, this type of change to divorce law has been introduced in an effort to make the law less antiquated and more in line with modern culture in the United Kingdom.
What does a ‘No Fault Divorce’ involve?
Prior to the new divorce law, the Petitioner (now known as the Applicant) would have been required to submit Particulars of the Divorce Petition (which is now called a Divorce Application) and would have to show that the marriage had broken down irretrievably. The Petitioner would only be able to make the petition on the basis of the grounds of divorce which would include the following:
- Adultery
- Behaviour
- Desertion
- Separation for 2 years if consented and 5 years if contested.
On contrary the new changes now mean that the Applicant is no longer required to provide grounds for the divorce, and a divorce can now be sought amicably without justification required. This in turn makes the process less daunting, more effective, and less overwhelming emotionally. Due to the fact that parties can now make a single or joint application a divorce petition can be made agreeably and avoid bitterness between parties.
This form of Divorce also aims to protect victims of Domestic Abuse who no longer have to stay in a difficult marriage, where another party contests the divorce.
How to obtain a no fault divorce
You can apply for a divorce as early as one year after the marriage. As explained above parties can make a single or joint application. There will then be a 20 week or 5 month waiting period between the issuing of the proceedings and a conditional order (previously known as a Decree Nisi), being granted. Parties may change their mind or make arrangements to issue Financial Proceedings, the process of which remains the same and is not affected by the 06th April 2022 changes.
Once a conditional order is granted parties will have to wait for another 6 weeks before a Final Order is granted. This was previously known as the Decree of Absolute. Since the process is swift parties can obtain a divorce within 6 months and the process is much easier as the paperwork is now cut out and everything can be easily done online.
How much are divorce court fees?
The court fees to issue divorce proceedings are £593, however parties may apply for a fee waiver which is means tested. This means that if you are entitled to state benefits or have a low income you may be able to get the court fees waived. You can make the application yourself or instruct a divorce solicitor who will charge you on a fixed fee or hourly basis. You can make these arrangements with your solicitor accordingly.
In Conclusion
In Conclusion, whilst the process is altogether swifter and less complicated, the changes have sparked concerns that the rate of Divorces in the United Kingdom will increase significantly. Due to how accessible this new form of divorce has become.
Regardless of this, an easier process means individuals are now able to remove them from a difficult, abusive, and toxic marriage without further traumatising themselves in the process. As we all know already, how difficult this process can be and the last thing you want to do is remained embroiled in a tough situation such as this. Therefore, the new changes may prove to be beneficiary and even a boon for many.
Do I need a Solicitor for a No Fault Divorce?
Although you may be able to submit the application yourself, many individuals will decide to seek a Solicitor. The benefit of having a Solicitor to deal with your divorce, is that it makes the process simple for you, and having representation ensures that you have been given through advice regarding your rights before and after divorce. You will also be given tailored advice on how to exercise these rights.
If you have any questions regarding Divorce or any other Family Law matters get in touch with our professionally trained team of Family Law Solicitors today to discuss your needs.
Helpful Divorce Resources
Our Divorce solicitors have written more articles to help you through your divorce
- Your Complete Guide to the Divorce Process
- Everything you need to know about the new divorce rules
- 3 Reasons why the new divorce rules are a game changer
- Family divorce law – Ancillary Relief: What is it?
- Child arrangement and child custody
- Pensions and Divorce – What you need to know
- Protecting your assets through Divorce