No-fault divorce: Everything one needs to know about the law in the UK

No-fault divorce

Divorce is a difficult, life-altering decision that is often accompanied by practical uncertainties about childcare, asset distribution, and legal fees. Under current legislation, which has been in place for over 50 years, couples seeking a divorce must identify at least one of the following factors as the cause of their marital breakdown: Adultery; unreasonable behavior; five years of separation without consent; two years of separation with consent or desertion. Couples will be able to pursue a ‘no-fault divorce’ beginning April 6, 2022. It implies a divorce can be granted in a shorter length of time – without either spouse alleging guilt.

What is a no-fault divorce?

The Divorce Dissolution and Separation Act (2020) is one of the most substantial changes in divorce law. It is prevalent for more than a half-century in the United Kingdom. It removes the need for separating spouses to assign blame for their marriage’s collapse. Instead, it lets them focus instead on important practical matters such as children or finances, as well as looking forward. On April 6, 2022, the Divorce, Dissolution, and Separation Act (2020) takes effect.

Who can apply and how does it help?

The changes mean that a person or a couple can now petition for divorce if their marriage is irreparably destroyed. It prevents youngsters from seeing their parents sling mud. Then, it avoids unneeded finger-pointing and acrimony at a time when emotions are already running high.

What is the new minimum timeframe?

The Act also established a new minimum timeline of 20 weeks between the start of proceedings and the filing of a conditional order of divorce application. This will give you time to reflect and possibly return, or, if reconciliation isn’t possible, to agree on important future arrangements like children, finances, and property.

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