In early 2022, a number of changes to UK divorce law were brought into effect. One of these was the introduction of a no-fault divorce, instated as part of the Divorce, Dissolution and Separation Act 2020.
If you are considering petitioning for divorce, a no fault divorce is finally here, the modern way forward. Not all separations involve a guilty party, and marriage can break down for any number of reasons. The following article looks at how no fault divorces work, as well as the options available to ensure that you and your spouse can come to an arrangement that benefits your entire family. Read on to learn more.
What is a No Fault Divorce?
Before the introduction of the no fault divorce, a spouse filing for separation would have to assign fault through one of the five legal grounds for divorce. These grounds included unreasonable behaviour, adultery, desertion, and separation. But everyone knows a marriage can break down through no fault of either party, whether for practical reasons or an emotional disconnection.
A no fault divorce allows couples in this situation to separate amicably, without either one assigning blame to the other. Under the new laws, couples can get divorced solely on the basis that the marriage has broken down, without needing to cite one of the 5 reasons for divorce, as was previously required. This means there isn’t a requirement for one person to blame the other for the breakdown of the marriage or civil partnership. These rules also apply to the dissolution of civil partnerships. Divorce has now moved into the 21st Century!
What are the Benefits of a No Fault Divorce?
Traditionally, the process of divorce involved one party divorcing the other. There would be a requirement for blame to be assigned, which could significantly impact emotions when it came to discussing child arrangements, division of property, and joint finances. In these cases, it is often difficult for both parties to move forward without some degree of conflict.
A no fault divorce, however, is far more reflective of modern society and relationships. Most spouses are aware that the security of their children and finances are more important than the need to apportion blame. A no fault divorce allows the couple to avoid lengthy and expensive court proceedings and come to a mutually-agreed arrangement for the future of their family. The process will be less upsetting for the couple and any children they may have, and they are more likely to maintain a healthy level of communication going forward.
What are the Options Available to You?
Despite the many benefits, a no fault divorce is rarely a clean-cut case. If you have been married or in a relationship for a long time, there will be several arrangements to make. Especially if you have Children, Finances, or own Property.
You want to be able to divide your assets fairly, but there may be disagreements about things like child arrangements, property, or maintenance payments. In the past, both parties would employ solicitors to handle everything; however, in the same way, the No Fault divorce, has been introduced. The modern way forward is working with a Family Mediator.
It is a much faster and more cost-effective alternative to solely using solicitors and will minimise the level of distress inflicted upon you, your partner, and your children. But what is mediation?
Mediation is a method of resolving differences between two parties going through a divorce or separation. It involves meeting with an impartial third party, known as a mediator, who will listen to your issues and help you come to an agreement. This is a highly effective way of sorting out children, property, or financial disagreements. Mediation will also save you a large amount of money in legal fees (the average UK Divorce costs £14500.00 plus vat, the majority of which are legal fees); Mediation may even help you and your ex-partner remain on good terms.
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If you are in the process of separating or have already Petitioned for Divorce, call Your Family Mediation today for a 15 Minute Free chat to find out more.