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Here’s What No-Fault Divorce Will Mean for Separating Couples

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Divorcing with Dignity: Here’s What No-Fault Divorce Will Mean for Separating Couples

No-Fault Divorce

Ending a marriage is never easy, but it can be challenging to do it without any blame. In a no-fault divorce, both parties agree that the marriage is over and that there is no need for a trial or either party to prove anything. This can be an excellent option for couples who are ready to move on but don’t want to deal with the drama of a traditional divorce. 

No-fault divorces are a recent development in the world of divorce law. Before their introduction, the only way to get a divorce was to prove that one party was at fault for the breakdown of the marriage. This could be difficult and expensive, and it often led to bitter court battles between spouses.

How does no-fault divorce UK works?

No-fault divorce works by eliminating the need to prove who was at fault for the breakdown of the marriage. Instead, both parties agree that the marriage is over. There is no need for a trial or either party to prove anything. You will need to produce a statement of irretrievable breakdown (SIB). This means there is no hope of reconciliation, and the marriage has broken down beyond repair.

This act will end the fault arguments • There will be only one ‘ground’ with the provision of a statement of irretrievable breakdown of the marriage. • The 5 facts will be removed. • Parties will be able to make a joint statement. • It will not be possible to contest the decision to divorce

There will be a minimum period of 20 weeks from the start of proceedings to obtaining a conditional order • Twelve-month wait to commence divorce will remain • Will retain 6 weeks between conditional order and final order

Can A No-Fault Divorce Be Contested?

It will not be possible to contest the decision to divorce. However, if your partner disagrees that the marriage has ended, you will need to go through the traditional divorce process. This involves proving that the marriage has broken down and usually requires a trial.

Either way, we can help you through the process and ensure that you get the best outcome possible.

If you consider a no-fault divorce, don’t hesitate to contact us today for a free initial consultation.

We help you find the best way forward and make sure that you get what you deserve

UK divorce law reforms will come into effect on 6 April 2022. For most people, the switch to a no-fault divorce system has been a long time coming. 

With the outgoing fault divorce system, a person looking to separate from their spouse has to prove that their marriage is irretrievably broken based on five facts. These are:

  • That their partner has committed adultery
  • That their partner has behaved unreasonably
  • One partner has deserted the other for two years or more
  • That you have lived separately for two years, and both of your consent to the divorce
  • If you have lived separate and apart for five years

For this reason, divorces had to be a nasty business where one person had to lay blame on the other partner. Alternatively, you’d have to stay in an unhappy marriage for more than two years, even if both of you have agreed to separate. 

This is where the new no-fault divorce laws come to change things for the better. 

What is a No-fault Divorce?

A no-fault divorce is where the dissolution of a marriage or civil partnership does not require one of the parties to prove the other is to blame for the failure of the union. With the new law, the court does not require proof that the marriage is irretrievably broken. 

What’s more, there is no room for contesting a no-fault divorce. If one of the partners decides that the marriage is broken, they can go ahead and file a divorce petition. If both partners agree to end things amicably, they can file for a no-fault divorce together. 

How Do I Get A No-fault Divorce?

Although the details will be ironed out in the coming months, here is a broad idea of what the new application process will be:

  1. One or both of the parties will give the court notice that their marriage has irretrievably broken down, either through an online application or using a paper form
  2. After a 20-week waiting period, the party or parties who gave the notice will confirm that they still want to proceed with the divorce
  3. The court will then make a conditional order, previously referred to as a “Decree Nisi
  4. After six weeks, the court can then make the final order, previously referred to as “Decree Absolute

Do I need my Marriage Certificate to get a divorce?

When you are filing your divorce petition then you will need to provide an original or a certified copy of your marriage certificate. If your marriage is registered in the UK you can get this from the registry office by clicking on this link. https://www.gov.uk/order-copy-birth-death-marriage-certificate. Once you have obtained your marriage certificate then contact us we will then be able to help you with your divorce application. 

Do I have to attend the MIAM service?

If you are a victim of domestic abuse and you can provide this evidence, then you are exempt from attending mediation. You can also be exempted if your family mediator feels that mediation is not suitable in your case in this situation you do not need to attend mediation and just issue your divorce petition.

How Can a Lawyer Help During a No-fault Divorce?

Divorce is more than just the separation of a previously married couple. It has far-reaching implications for you and your family even if it proceeds peacefully. You will still need to sort out your finances, living, and child arrangements. 

At such an emotionally charged moment, you may overlook some important factors. 

Another reason you’ll still need a family law expert is because of the legal consequences of a divorce. For instance, it could affect other areas like your pension entitlements and tax position. A specialist family law expert will protect your interest and financial position to ensure the best outcome for you. 

If you’re looking to apply for a divorce or respond to a divorce petition, don’t do it alone. At Zain Legal & Co., our experienced family law experts will guide you through the process to ensure a speedy, painless, and overall successful journey. Book a call with us right now and schedule your consultation.

Background to No Fault Divorce:

No fault divorce is a type of divorce where the spouse initiating the divorce does not have to prove that their partner has committed a legal wrong, such as adultery or unreasonable behavior.

Instead, they can simply state that the marriage has irretrievably broken down, and this is sufficient grounds for the divorce to be granted.

 

The concept of no-fault divorce is based on the idea that couples should be able to end their marriage without having to prove fault, which can often lead to acrimony and bitterness. It is also believed to make the divorce process less adversarial and more amicable.

 

The process for obtaining a no-fault divorce involves filing a statement of irretrievable breakdown of the marriage, which must be signed by both parties. After a period of 20 weeks, if the court is satisfied that the marriage has irretrievably broken down, a conditional order will be granted. This is followed by a further six-week period before the final divorce order is granted.

Overall, no fault divorce is a more modern and less confrontational approach to divorce, which is aimed at reducing the stress and hostility often associated with traditional fault-based divorce.

If you are looking to divorce your spouse, our experienced team will  provide valuable assistance and guidance throughout the divorce process in the UK.

At Zain Legal & Co. here are some ways in which we can help you:

  • We can give you legal advice on the divorce process, including your rights and obligations under UK law
  • We can help you prepare and file the necessary divorce petition, ensuring that it is completed correctly and meets all the legal requirement
  • We can help you negotiate a fair financial settlement, including the division of assets, spousal maintenance, and child support as most of our cases have been resolved through mediation from a qualified MIAM family mediator and consent orders drafted.
  • If you have children, we can help you negotiate a child custody agreement that works for both parties and ensures that the children’s best interests are considered.
  • We can provide valuable support and guidance throughout the divorce process, helping you achieve the best possible outcome for yourself and your family.

Your personal legal assistance:

 It’s important for both parties to seek legal advice to ensure that their rights and interests are protected during the divorce proceedings. Book an appointment with one of our legal experts regarding your no fault divorce problems at a minimum fees. Click the link below for personal assistance.

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