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Insight | For Individuals

No-Fault Divorce: An Easier Path to Separation

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On the 6th April 2022 divorce law in England & Wales changed with the abolition of fault based divorces. Before then, the law allowed a party seeking a divorce to plead a case blaming the other spouse for the martial breakdown either because of their alleged adultery or unreasonable behaviour.

Now it is not necessary or possible to prove that your ex is "at fault" for the breakdown of the marriage. You only now need to declare in your divorce petition that the marriage has “irretrievably broken down” and the other spouse cannot then defend the divorce.

No-fault divorce is a much easier, quicker and cheaper process than the old system.

It is possible to apply for a final order dissolving the marriage 26 weeks after issuing the proceedings, but there are often good legal reasons why it may be appropriate for the petitioning spouse to wait beyond that deadline to apply.

In case your spouse refuses to sign the court documents, the court can make orders to ensure the divorce proceeds in any event.

Divorce proceedings do not involve a resolution of financial matters. It is advisable to separately seek an agreement over the finances whilst the divorce is proceeding if you can.

The above is only a brief summary of the procedure. It is not intended to be a guide. It is important to remember that a divorce has far reaching legal consequences. It is therefore advisable to take professional advice from a solicitor before taking any steps to end your marriageю

Contact our family law solicitors if you need any advice about your divorce.

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