No Fault Divorce UK

No Fault Divorce UK The arrival of the no-fault divorce UK was the biggest change to the way marriages end in decades, and it replaced a system that had forced couples to apportion blame before they could separate. Now the law is settled, most of the questions people ask are less about what changed and more about what the new system does and does not mean for them. This article answers the questions that come up most often, and clears up a misunderstanding that still causes real problems.

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Do You Still Need A Reason To Divorce?

No. Under the current system, the only thing you have to say is that the marriage has broken down irretrievably; you are not asked to explain why. There is no list of reasons to choose from, no conduct to describe, and no evidence to produce. The statement itself is enough.

This is a genuine change from the old approach, under which anyone who did not want to wait for a long period of separation had to base the divorce on the other person’s behaviour. That requirement generated a great deal of needless conflict, and its removal means couples can now begin the process without one of them having to criticise the other in writing.

Can Your Spouse Resist Your Divorce Application?

This is one of the questions we are asked most, and the answer reassures a lot of people. Your spouse cannot stop the divorce simply because they do not want it. Under the old rules it was possible to contest a divorce, and that was sometimes used to cause delay or to apply pressure. That option has gone.

Once one person has stated that the marriage has broken down irretrievably, the divorce will proceed. A spouse can only challenge it on narrow technical grounds, such as whether the courts of England and Wales are the right place to deal with it, and not on the basis that they would rather stay married. What your spouse still needs to do, where you have applied alone, is acknowledge that they have received the application, and doing so keeps matters moving.

What Is A Joint Application?

The current system allows couples to apply for a divorce together, as a joint application, rather than one applying against the other. For couples who have reached the decision mutually, this often feels a far better fit, because it reflects the reality that the separation is something they are doing together rather than something one is doing to the other.

A joint application is not compulsory, and a sole application remains perfectly appropriate if applying together is not realistic, for example, where one spouse is reluctant or where contact between you is difficult. Neither route carries any advantage in terms of the eventual outcome, so the choice is really about what suits your situation.

Does ‘No Fault’ Mean Everything Is Split Equally?

No fault divorce changed how a marriage is ended, but it did nothing to change how money and property are divided. The division of finances depends on the circumstances of the family, including the length of the marriage, the needs of any children, what each person has and earns, and their future needs. It is not simply an automatic equal split.

It is also worth being clear that conduct rarely affects the financial outcome either. Just as you no longer allege bad behaviour to obtain the divorce, the behaviour of one spouse during the marriage generally has no bearing on the financial settlement, save in unusual and extreme circumstances. Fairness, not fault, is the guiding principle.

The Misunderstanding That Still Causes Problems

Because the process is now so much simpler, many people assume that a divorce deals with everything. It does not. A no fault divorce ends the marriage, but it has no effect at all on money, property, or pensions. Unless a financial order is approved by the court, the financial claims that spouses have against one another remain open, and can be raised long after the divorce is finalised. The simplicity of the divorce itself makes it more important than ever to deal with the financial side properly rather than assuming it has been taken care of.

How Birch & Co Can Help

No fault divorce UK was designed to encourage couples to deal with matters constructively, and that is exactly how we prefer to work. We are members of Resolution, and we help couples make use of joint applications and reach financial agreements without unnecessary conflict, turning to mediation or arbitration where they help and to the court only where it is genuinely needed.

We make sure the financial side is not overlooked, drawing up the order that closes the financial ties between you so that the clean break the process makes possible is actually achieved.

Speak to Birch & Co

If you are considering a no fault divorce and want to understand what it means for you and your finances, our family law team can explain it clearly and help you deal with everything that sits alongside it.