No Fault Divorce Laws

• Published date: 14 April 2022
• Subject Matter: Family and Matrimonial, Family Law, Divorce
• Law Firm: LCF Law
• Author: Rachel Baul

Family Law Solicitor Rachel Baul, explains more on the no fault divorce laws which have come into place.

What are no fault divorces?

A no fault divorce is a more amicable way of divorcing without assigning blame.

When do they come in?

6^th April 2022.

How do you apply for one?

Couples can sign a joint application citing irreconcilable differences via the Government website. This application proves that the marriage or civil partnership has irretrievably broken down without having to prove adultery, unreasonable behaviour or desertion or having to prove they had already been separated for two years or lived apart for five years.

What if both people don't agree to a divorce?

One person can still file a sole application. If the other party disagrees, they will not be able to defend the divorce, dissolution, or separation. So, if one person has decided that they wish to divorce, in most cases their partner can't contest it. Legal challenges will still be possible though, where there is lack of jurisdiction, invalidity of the marriage or coercion.

How quick are they?

There will be a minimum of 20 weeks between applying for a no fault divorce and a...