No Fault divorce also removes the ability of one spouse to contest the divorce. The new changes simply require a sole or joint statement by one or both spouses that the marriage has irretrievably broken down and cannot be saved. Under the old law, even where a couple had made a mutual decision to separate, one spouse was forced to make accusations and provide evidence about the other’s conduct before a divorce could be granted. No-Fault divorce removes the need for a party to prove the marriage has irretrievably broken down based on one of the ‘five facts’ of divorce – Adultery, Unreasonable behaviour, Desertion, Two years' separation with consent or Five years' separation without consent. How does a No-Fault divorce differ to previous ways to divorce? These, in turn, lead to excessive involvement from solicitors and higher costs.īy removing the requirement of “fault” it is hoped that there will be an increased likelihood of resolving matters outside of Court and that a more collaborative and efficient approach between couples and their legal representatives will be encouraged. The current need to show that one party is at “fault” can result in a ‘blame game’ and conflict. The breakdown of marriage is an emotive time. The aim of No-Fault divorce is to simplify the old divorce process and make it less contentious. The new Act also applies to the dissolution of civil partnerships. It is hoped that doing so will reduce conflict between separating parties and allow couples to focus on the important issues such as children, property and finances. The introduction of No Fault divorce removes the concept of “fault” and “blame” from the divorce process. No Fault divorce was introduced by the Divorce, Dissolution and Separation Act 2020 and came into force on 6 April 2022. This will normally take between 4 to 6 months to deal with and if agreed, neither party will have to attend any Court hearing. We will advise you as to the appropriate ground for divorce and deal with the matter for you to Decree Absolute. Every client’s circumstances are different and we will listen to you and give advice and assistance which will meet your particular concerns. This keeps the divorce procedure straightforward, uncontested and reduces costs. Most clients can achieve this with our help. We will look at three areas with you:- The Divorceĭespite the breakdown of the marriage we will try to deal with the divorce as simply and as amicably as possible. We have a team of specialist Family Solicitors who can offer advice and assistance in all area of divorce.
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