A Guide to No-Fault Divorce
3rd December, 2024
In this article, we’ll outline what no-fault divorces are, the benefits, and how our divorce solicitors can help.
What is a no-fault divorce?
In April 2022, England and Wales changed their divorce laws to remove the requirement for separating couples to provide evidence of either conduct/unreasonable behaviour, adultery or separation.
Couples can therefore now file for divorce without needing to assign blame and is known as ‘no-fault divorce’. The intention was to remove as much conflict from the divorce proceedings as possible so that separating couples could focus on and the practical aspects of separation such as making arrangements for children or financial matters. The change was celebrated by many divorce solicitors, family law experts, and advocacy groups.
Under the new law couples can jointly or individually apply for a divorce without attributing fault. This approach creates a more amicable divorce by focusing on the practical aspects of separation, rather than forcing couples to dwell on past grievances.
The benefits of no-fault divorce
No-fault divorce brings several benefits. Here are some key ones:
- Reduced conflict and emotional stress
By removing the need to attribute blame within the divorce proceedings, no-fault divorce can reduce potential animosity between separating couples. This can be beneficial for separating families with children who may need to co-parent.
- Allows separating couples to apply for a divorce together
Often the decision to divorce can be a joint decision but historically only one spouse could apply for the divorce. No-fault divorce changed that and allowed separating couples to apply for a divorce either individually or jointly.
- The divorce cannot be contested in most circumstances
Previously, if a divorce was brought on the grounds of unreasonable behaviour or adultery and the conduct was not admitted, it was possible to defend the divorce. No fault divorce brought with it only very limited circumstances in which a divorce can be contested which will not apply in most cases meaning that people are less likely to feel trapped in a marriage should they wish to leave.
How a Ward Hadaway divorce solicitor can help
A divorce solicitor can provide essential guidance to anyone contemplating divorce, ensuring a smooth process and that your rights are protected.
Taking this step can be empowering, helping you to transition to a new chapter of life with dignity and respect.
Please note that this briefing is designed to be informative, not advisory and represents our understanding of English law and practice as at the date indicated. We would always recommend that you should seek specific guidance on any particular legal issue.
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