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The no-fault divorce means that separating couples can now apply for a divorce order together and no longer have to refer to the ‘five facts’ in apportioning blame for the marriage irretrievably breaking down. This means that family law solicitors such as Ison Harrison can concentrate on mediating between the separating couple and amicably agreeing on childcare arrangements and the division of property, finances and possessions.
What is the difference between no-fault divorce and the current divorce process?
Previously, the spouse filing for divorce needed to cite a reason for the marriage ending, and this had to fit one of five categories, namely: adultery, unreasonable behaviour, desertion, separation for two years continuously (requiring both parties to agree to the divorce) or separation for five years continuously (requiring only one party to agree).
It is felt that having to apportion blame on one party in this way was outdated, and quite often required a spouse to embellish a reason and play the blame game, when in reality, blame didn’t feel a strong factor and the marriage had broken down due to natural causes and the couple simply growing apart. This happened in more and more cases, and as one of the region’s top family law solicitors, Ison Harrison were well placed to comment that the existing divorce laws were no longer fit for purpose.
What are the benefits of no-fault divorce?
Now, it is hoped that the no-fault divorce will allow separating couples the time and space to make considerate and amicable decisions, without creating further disruption for themselves and any children involved in the relationship.
Couples can apply for a divorce order either separately or together, and a ‘period of reflection’ of a minimum of 20 weeks is included in the process, to ensure that both parties still wish to proceed with the divorce after having had some space to think about the situation. This in itself is a great way for the stress and anxiety of a break-up to subside and for more rational and balanced decisions to take place without blame being apportioned and bitterness growing and with the help of trained legal professionals such as Ison Harrison.
How can Ison Harrison help with a no-fault divorce?
Ison Harrison have family law experts who have specialist legal knowledge but are also experienced in mediating and understanding the complexities of relationships and the stress of dealing with a break-up.
This all combines to help provide a critical service to cut through emotions and maintain a stable family situation for all involved, while the divorce process unfolds. Undoubtedly, the new no-fault divorce laws mean this can happen with a good chance of resolving the marriage to the satisfaction of everyone involved.
For help and advice with a no-fault divorce, call 03332 228 999 or email family@ih.co.uk.
Visit the Ison Harrison website for more information: www.isonharrison.co.uk/no-fault-divorce
