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The Introduction of the No-Fault Divorce

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The Introduction of the No-Fault Divorce

On 6th April 2022, divorce proceedings based on ‘no-fault’ will come into force.

The introduction of the no-fault divorce represents a major change to the current divorce law.

It is anticipated that a no-fault divorce will start off the legal process in a more amicable and constructive way than the current grounds that are available for a divorce.

Before April 2022, the person who commences divorce proceedings must do so based on one of five facts, specifically, the adultery of their spouse, or their spouse’s ‘unreasonable behaviour’, that their spouse has deserted them or where two people have been separated for two years or more.

In circumstances where adultery is not relevant or not admitted and where two people have not yet been separated for two years of more, the only ground that is currently available is that of unreasonable behaviour. A divorce petition based on the grounds of behaviour does not necessarily set the tone for a conciliatory and amicable divorce.

A divorce based on no-fault will remove the need for a detailed explanation as to why the person who commences a divorce considers that the marriage has irretrievably broken down. It will simply be necessary to provide a Statement of the irretrievable breakdown of a marriage.

It is anticipated that the new procedure will represent a more streamlined and easier way in which to commence divorce proceedings and remove some of the hostility and acrimony which can exist at the commencement of divorce proceedings.

It will even be possible for two people in a marriage to commence a no-fault divorce on a joint basis.

The introduction of the no-fault divorce also brings with it a time frame within which a divorce will be dealt with. The current language that is used in divorce cases will also change under the new rules.

It is worth noting that the introduction of a no-fault divorce will apply to the dissolution of civil partnerships and to same-sex marriages.

If you are going through a divorce, or you are considering starting divorce proceedings, it would be beneficial for you to seek specialist legal advice at the earliest opportunity. Here at Gardner Croft, our divorce solicitors can provide you with guidance and advice which will suit your individual circumstances. We will listen to you, we will advise you and we will guide you through the process.

Disclaimer: The contents of this article are not designed to constitute legal advice and is for information only.

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