"No-Fault" Divorce - all you need to know

11th January 2022

Is “no-fault” divorce a good thing?

There are many benefits to the new system that comes into effect in April 2022

The main benefit of a “no-fault” divorce is that it’s hoped that by removing the need to blame and shame to obtain a divorce the level of conflict between the separating couple will be significantly reduced It should also remove some of the hurt and pain as well as the erroneous idea that the court is the moral judge of who is at fault and therefore punishable by the court in the finical settlement ordered

The danger of the new ”no-fault” divorce is that it may be an attractive and easy option when the marriage is just going through a rough patch, which all marriages do from time to time This risk is intensified by the fact that under the new system a divorce cannot be contented or defended by the spouse who doesn’t want the divorce

To minimise this risk, there will be an enforced minimum 20 week period for “reflection”

Another criticism of the new “no-fault” divorce system is that it doesn’t allow “the victim” the opportunity to vent their hurt in the petition and therefore may feel to them as if their ex has gotten away with their bad or abusive behaviour because the court won’t be made aware of it, even if it rarely is a factor the court takes into account when dividing the marital assets

The question for many couples considering divorce is whether they should issue under the old system or wait until the introduction of “no-fault divorce in April 2022

I guess the answer depends on whether you want the chance of a peaceful low conflict divorce or you want to feel as if you have had your opportunity to hold your ex accountable for their bad behaviour

For couples who have been separated 2 or more years then they can have a “no-fault” divorce now and don’t have to wait until April I suspect the courts will become even busier from April and this may be a factor some couples may take into account if they are hoping to conclude their divorce this side of Christmas.

So, if you can agree on non-offensive words, then perhaps you can beat the rush For those who don’t want to tread water for the next 4 months, then there are still steps you can take towards your new future

You still need to agree on the financial arrangements and arrangements for the children, so you could start your preparation and discussions in relation to these issues now Involving a family law specialist, such as myself, brings an objective professionalism and legal knowledge to your discussions Whatever your plans for your divorce it’s never too early to get a strategy in place. I can work with you to formulate a plan of action

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