New 'No-Fault' Divorce Explained

New No Fault Divorce Explained

New 'No-Fault' Divorce Explained

The law surrounding divorce is about to change.

From this Thursday it will not be possible to issue an application for divorce or dissolution of a civil partnership alleging that one party is to blame.  The online divorce system will close on 31st March and except in emergency circumstances, you will have to wait until 6th April to start proceedings.

The new law, designed to try and help people deal with the breakdown in marriage and civil partnership more amicably, will remove the need to blame one of the parties in the relationship for the breakdown.  The new law will simply require that parties show that the marriage has irretrievably broken down.

It also brings in the ability of parties to jointly apply for a divorce.

It is hoped that moving away from the blame game will help parties in the relationship to focus on the more long-term issues of how to deal with financial matters and sort things out regarding children more easily.

The law introduces a period of reflection of 20 weeks between the issuing of proceedings at the court and the ability to apply for the conditional order.  This could mean it takes longer to get the divorce finalised but gives the parties time to work towards finalising other issues.  The requirement that you must be married for a year before you can apply for a divorce or dissolution of civil partnership still remains.

For further information in relation to the new rules and advice regarding divorce and finances speak to one of our specialist family solicitors.  We offer a free initial ½ hour appointment.

Stafford: 01785 252377

Alsager: 01270 446260

Newcastle: 01782 987551

Sarah Thomas
Solicitor, Family