No-fault divorce is a process in which none of the party is required to demonstrate wrongdoing. Prior to no-fault divorce, people who are willing to get divorced were needed to prove that their marriage has irrevocably broken; this is known as “grounds for divorce”.
Grounds for divorce include adultery, desertion, unreasonable behaviour, separation, consensual separation of 2 years or a non-consensual separation of 5 years.
In legal terms, as per the current law, divorce requires proof that at least one of the spouses has breached their marital contract.
Current Divorce Law
As per the current divorce law, there is no way for couples to begin the divorce process without blaming the other spouse. The only path to get a divorce without blaming is to wait for at least two years if both the parties have consented to divorce or five years if there is no mutual consent between both the parties for the divorce. For an immediate divorce, parties need to rely on fact-based blame. Reasons for divorce may include:
- One spouse has committed adultery, and they find it difficult to live together.
- One spouse has abused the other, and they cannot live with each other.
- One spouse has deserted the other one for at least a period of 2 years.
The current system also provides power to spouses to easily defend the divorce, which leads to increased costs and significant delays.
Benefits of No-Fault Divorce
Not every marriage that breaks down is the result of wrongdoing, as current legislation explains it. Many couples become unhappy without any fault of an individual.
It is believed that no-fault divorce will reduce stress and conflicts associated with the divorce process. Instead, it ensures that the focus is placed on central issues, like finances, assets, property and children.
Benefits to Children
As per the Children Act, when a court asks any question regarding the upbringing of children, the administration of a child’s property and income arising from it, the child’s welfare will always be the court’s most important consideration.
The welfare of children is the first priority in a divorce. The main issue here is that the current divorce law process can be really stressful for the children involved.
The introduction of no-fault divorce will remove the need to allocate blame, reduce stress, and give divorcing couples a better platform to reach a mutual resolution for everyone involved in the process.
No-Fault Divorce will Make the Divorce Process Easier.
No-fault divorce means that grounds for divorce will be extended beyond adultery, unreasonable behaviour and desertion. However, it will still require couples to explain that their marriage has been irretrievably broken down. Simply, it means that it is not allowed for couples to get divorced without any proper consideration.
Reduction in Divorce Cost
It is really not possible to determine the exact cost involved in the divorce process without taking into consideration the conditions of your case. In the United States, it is found that the total costs for a no-fault divorce are comparatively lower than divorces, where it is required to determine fault.
Some Other Proposals of the No-Fault Divorce Bill
The no-fault divorce bill further includes some additional proposals,
- The opportunity to contest will be removed, but there would still be some legal options available for challenging an application.
- Introduction of at least a six-month time frame from the stage of the petition to Decree Absolute.
- Retain the two-stage decree process, but it would still be compulsory to apply separately for the Decree Absolute and Decree Nisi.
- The bill also introduces another option that will allow couples to apply for a divorce jointly, where the decision to separate is taken by mutual consent.
- The language will be simplified further, replacing “decree nisi” with “conditional order” and “decree absolute” with “final order”.
How Can Osbourne Pinner Help You?
At Osbourne Pinner, we are a team of the best divorce lawyers in London who provide authentic legal services for a divorce settlement. If you have any questions regarding the no-fault divorce process, or if you need any legal consultation from experienced professionals, contact Osbourne Pinner Today!
