How does this change divorce proceedings?
It has been a law that has been long advocated for as many couples separate due to falling out of love – a reason that has not been officially recognised in this country. It is a massive shakeup in the divorce process and will heavily impact UK couples.
Currently, those seeking a divorce have to claim the breakdown of their marriage is based upon one of five facts. These are:
– Unreasonable behaviour
– Separation for two years with both parties agreeing
– Separation for five years
Now, you can apply for a no-fault divorce when you want to separate and neither partner has done any wrongdoing. Both parties can make a joint application too.
Common misconceptions of a no-fault divorce
Despite a no-fault divorce removing the blame, this new law is not a “quickie” divorce. It is expected that this is likely to take the same amount of time as before, which on average can be between six to eight months.
In fact, from filing your divorce petition to being able to proceed with your application, there is now a twenty-week waiting time as a period of reflection to work on any issues the relationship is facing.
This does not always mean you will have a cheaper divorce too. There are still many factors of a divorce that are needed to settle, from finances and possessions to children. This can still be a lengthy process.
What are the key dates I should be aware of?
If you have begun a digital divorce application and you want current law to apply, your application must be submitted by 4pm on Thursday 31st March 2022.
If you have begun a paper divorce application and you want current law to apply, your application must be received by 4pm on Thursday 31st March 2022.
If you miss the deadline, there is a risk your application will be rejected and will have to be resubmitted after Wednesday 6th April 2022 when the new law is introduced. During this time, any form of application method is closed to allow for the transition.
Can Beyond Legal help with a no-fault divorce?
It is important to us that we are completely up-to-date with any new laws.
We are no-fault divorce lawyers in the UK, with offices in Newton Abbot and Tiverton, Devon.
For a free consultation with one of our experienced lawyers, get in touch and let us know what you’re facing.