MATRIMONIAL

What Is a No Fault Divorce?

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The new divorce law simplifies the process of divorce and removes the option to contest the divorce. The main changes are detailed below:

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• The parties need only produce a statement of irretrievable breakdown – no blame will be apportioned

• An application for divorce can be made jointly or by a sole applicant

• The option of contesting the divorce has been removed

• There is now a period of reflection – a minimum of 20 weeks – from when the application for divorce is made to when a Conditional Order can be made. This provides a period of reflection for the parties to consider their decision.

 

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How Does a No Fault Divorce Work?

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To apply for a divorce under the no fault divorce law, you simply need to make an application including a ‘statement of irretrievable breakdown’. This is essentially a statement saying that your relationship has broken down to the point that the marriage cannot continue. You can either apply by yourself (a sole application) or together with your spouse (a joint application).

 

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How to get a no fault divorce in the UK

 

The basic process for securing a no fault divorce in England and Wales is:

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1. File an application (either by yourself or with your spouse)

2. The court ‘issues’ the divorce (this is a formality that legally starts divorce proceedings)

3. Service of the application (for sole applications only, the court will send a copy of the application to the other spouse, referred to as the ‘Respondent’)

4. Acknowledgement of Service (for sole applications only, the Respondent will need to complete an Acknowledgement of Service form to confirm they have received a copy of the application within 14 days of receipt)

5. Conditional Order (a minimum of 20 weeks after the divorce was issued by the court, you can apply for the Conditional Order which confirms that the court sees no reason the divorce cannot go ahead)

6. Final Order (6 weeks after the Conditional Order is granted, you can apply for a Final Order, which legally ends your marriage)

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RJM Solicitors will be happy to advise you on the no fault divorce process and the issues you need to consider when divorcing, particularly those around finances.

 

 

What Are The Legal Grounds For Divorce?

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The legal grounds for divorce are as follows:

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• Adultery: Your spouse has committed adultery, and you find it intolerable to live with them.

• Unreasonable behaviour: Your spouse has behaved in such a way that you cannot reasonably be expected to live with them.

• Desertion: Your spouse has deserted you for a continuous period of at least two years.

• Two years' separation with consent: You and your spouse have lived separately for a continuous period of at least two years, and your spouse agrees to the divorce.

• Five years' separation without consent: You and your spouse have lived separately for a continuous period of at least five years, and your spouse does not need to give consent for the divorce.

 

 

How Long Does It Take To Get a Divorce In The UK?

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The time it takes to get a divorce in the UK can vary depending on various factors, such as the complexity of the case and the cooperation between the parties involved. On average, an uncontested divorce (where both parties agree to the divorce) typically takes around 4 to 6 months. However, if the divorce is contested and goes to court, it can take significantly longer, sometimes more than a year.

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What Is The Process of Obtaining a Financial Settlement During a Divorce?

 

During a divorce, both parties are expected to disclose their financial information and assets. The court considers factors such as the length of the marriage, financial needs, earning capacity, and contributions made by each party. If an agreement cannot be reached, the court may make a financial order that outlines how assets, property, and debts should be divided.

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How Does Divorce Affect My Pension Rights?

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Divorce can have implications for pension rights. The court considers pensions as marital assets and may include them in the financial settlement. It is possible to split pension assets, either by sharing or offsetting their value against other assets.