The biggest modernisation of divorce law in half a century finally came into force in England in April 2022. The Divorce, Dissolution and Separation Act (2020) ushered in the era of no-fault divorce as part of government efforts to update the family justice system.
What is no-fault divorce and how does it differ from fault-based divorce?
The concept of a no-fault divorce is a gamechanger for couples ready to end their marriage. Before the introduction of the updated legislation, separating couples were required to assign blame to proceed with a divorce. If no blame was assigned, a lengthy period of separation was required before the divorce could proceed – two years if the divorce was mutually agreed upon, and five years if not.
Under a no-fault divorce, there is no longer a requirement for one party to take responsibility for the breakdown of the marriage. The two spouses can simply indicate that the relationship is irretrievably broken, without having to prove that one party was at fault.How does no-fault divorce reduce conflict and simplify proceedings?
Because a no-fault divorce is precisely that – without fault – there is no need for the ‘divorce blame game’ that was a feature of the previous divorce process.
The hope is that enabling both parties to simply agree that the marriage has broken down without finger pointing on either side will reduce bad feeling and conflict. This removes the need for divorcing parties to become adversarial and combative, keeping tensions lower during what is already an emotional time. It also means there’s no need for a legal battle to demonstrate fault, significantly simplifying proceedings.
Additionally, because no blame is needed, the no-fault divorce also means that one party can’t contest the application, potentially trapping their spouse in an unhappy marriage for longer than is necessary. This should allow the divorce process to proceed smoothly without long delays.
What are the legal requirements for filing a no-fault divorce?
To file for a no-fault divorce, a couple must first be married for a minimum period of one year.
To file jointly for divorce, both parties must agree that the union is irretrievably broken. If one party doesn’t agree, it’s possible to file a sole application. Joint filers must then submit an ‘acknowledgment receipt’ to the court, while solo filers must wait up to 14 days for their partner to file an acknowledgement of the divorce. They can also indicate that they intend to contest the divorce at this point. If they decide to go down that route, they’ll be required to complete a form outlining their reasons for doing so.
The no-fault divorce comes with a minimum timeframe of 20 weeks. This period must be observed after the initial application is made before the conditional order of divorce can be applied for. The final order can be issued 45 days thereafter.
How does the no-fault process impact financial settlements and child custody?
The divorce process is separate to financial settlements and child arrangements.
The 20-week minimum period is intended to allow former couples the time and space to reach an amicable agreement when it comes to finances and the welfare of minor children. If that isn’t possible, the court can make a financial order and help to determine child arrangements.
When deciding how assets should be split, the family court will consider factors such as any dependent children, each person’s earning power, the contribution of each party to the marriage and individual financial resources.
To determine who the child shall live with, the court will focus on what’s in the best interests of the child.
What are the long-term benefits of choosing no-fault divorce for couples?
There are various benefits to a no-fault divorce. Primary advantages include the ability to avoid assigning blame, therefore reducing animosity and conflict. This can make it much easier for each person to move on with no hard feelings. It can help to ensure a cordial relationship in the future – which is especially important if there are minor children.
As no-fault divorces can also be more straightforward, they can proceed faster and cost less.
If you’re dealing with a divorce, it’s important to take legal advice. An experienced family solicitor can help with practical tasks such as filing the necessary paperwork and can ensure that financial and child arrangements are resolved as amicably and fairly as possible. Contact us to speak to a member of our team in confidence.
Tags: divorce, no-fault divorce, child arrangements, financial settlement, family solicitor, divorce solicitor
