#AskMachins – No-Fault Divorce
The new ‘No-Fault Divorce’ legislation came into effect from April 2022, but what does this mean and what has changed for separating couples? Thomas Palmer, a solicitor in the Machins Family Team has some FAQs!
What was the old divorce law?
Under the old law, those starting the divorce process would have to prove their marriage had irretrievably broken down based on one of five factors:
- Adultery
- Unreasonable behaviour
- Two years separation with consent
- Five years separation without consent
- Desertion for a period exceeding two years
Most divorce cases were based on either adultery or unreasonable behaviour as these were the only two facts that allowed divorce proceedings to start straight away and without having to wait at least two years.
What has changed?
Following the implementation of the new law, spouses can now only start divorce proceedings based on the new ‘No-Fault’ legislation, meaning they divorce without having to blame the other party.
All applications must now be made online and it is now possible for spouses to make joint applications together.
What are the benefits?
It is hoped the new law will help reduce the emotion and conflict between spouses entering the divorce process, and allow parties to move forward in a more amicable manner, which can help them agree the separating of finances and any child arrangements. It is hoped this will promote a ‘good divorce’ and help protect the interests of children.
As all divorce applications must now be made online it is also hoped this can allow the courts to streamline the process and decrease the likelihood of any delay.
The ability to apply online should also reduce costs.
Are there any negatives?
Not really! Those who are on the receiving end of adultery or unreasonable behaviour by their spouse may feel they have lost an outlet to raise this and that their spouse has ‘gotten away’ with their actions. The old factors for divorce however, very rarely had any effect on the split of the finances or other matters.
Can I defend the divorce if my spouse makes a divorce application?
Under the new law, defending a divorce application is very difficult. You can only object to the divorce if you dispute the validity of the marriage or there is a question over the jurisdiction of the court to issue the proceedings i.e. the divorce application should have been made in another country.
How long will it take for my divorce to be complete?
The whole process takes at least six months and is split-up into stages. There is a minimum 20 weeks from your spouse acknowledging the divorce application before you can apply for a Conditional Order, confirming you wish for the application to continue. Once your Conditional Order has been granted, you have to wait a minimum of six weeks before you can apply for your order to be made final (the ‘Final Order’).
Is there anything stopping me from applying for divorce?
It is still not possible to apply for divorce within the first 12 months of marriage, as it was under the old law.
How do I start the divorce process?
You can either:
- Ask a solicitor to do the divorce application for you.
- Do the divorce application yourself through the government online portal.
- Do the divorce application yourself with the guidance of a solicitor.
How much does it cost?
There is currently a court fee of £593 for filing a divorce application. If a solicitor is doing the application for you or providing guidance, there will be additional legal costs. Always seek a quote for this work if you instruct a solicitor.
Once I receive my Final Order, is my divorce complete?
Yes, you will be now be divorced. It is worth noting that the divorce process is completely separate from the process for sorting your finances upon separation. You will need a financial remedy order sealed by the court to prevent any future financial claims from your former spouse. I recommend seeking advice from a solicitor with regards to reaching a financial settlement and formalising any agreement in a Financial Remedy Consent Order. The Final Order also changes the automatic rights you may have to a spouse’s pension in the event of your spouse’s death. Pension sharing should always be considered as part of the overall financial settlement.
Please contact us if you would like more information about the issues raised in this article or any aspect of family law.