Divorce is an emotionally-charged process, often fraught with conflict and hate. However, a new law in the UK makes it easier for couples to end marriage without assigning blame. We will discuss what No Fault Divorce is. We will also explore the application process, costs, and timeline associated with applying for a No Fault Divorce and how Divorce Solicitors help with No Fault Divorce.
What is No Fault Divorce?
Traditionally, divorces in the UK are granted based on five grounds: adultery, desertion, unreasonable behavior, separation for two, and separation for five years. Proving these grounds can be time-consuming, emotionally draining, and expensive.
No Fault Divorce uk removes the need to prove any of these grounds. Under the new law, couples can apply for a divorce by stating that their marriage has broken down. This change in legislation aims to make the divorce process less cruel, stressful, and amicable.
No Fault Divorce Law in the UK
The No Fault Divorce law in uk introduced on 6th April 2022, after years of campaigning by family law experts.Under the new law, the single ground of ‘irretrievable breakdown of marriage replaced the previous system of ‘five grounds’ of divorce.Couples can apply for a divorce by stating that their relationship has broken down to the point where it cannot continue. There is no need to prove wrongdoing or blame either party for the marriage breakdown.
This significant change in UK divorce law aims to make the process less stressful and contentious for couples to end their marriage. It also removes the possibility of one partner challenging the divorce, which can prolong the process and cause further distress for both parties involved. This new no-fault divorce law makes the divorce process more straightforward and less acrimonious for couples seeking an end to their marriage.
No Fault Divorce UK Cost
The No Fault Divorce uk cost depends on whether you use a solicitor. If you opt for a solicitor, you can expect to pay between £450 to £950 in legal fees. This cost typically covers preparing and submitting your divorce petition and any negotiations or court appearances required.
If you apply for No Fault Divorce without a solicitor, you can complete the relevant forms and submit them to your local Family Court.
This process costs significantly lower, with a government fee of £593 payable to the court. However, it is worth noting that applying for No Fault Divorce without legal representation can be complicated and time-consuming, particularly if there are any disputes over finances or childcare arrangements.
No Fault Divorce Application Process
The No Fault Divorce application process in the UK is relatively straightforward. You must complete a divorce petition form and submit it to your local Family Court, your marriage certificate, and the relevant court fee. The petition should state that your marriage broke down and that you and your spouse have separated for at least two years.
The spouse can indicate their consent on the form if they want a divorce. If they disagree, they can challenge the divorce, and you need to attend the court hearing. However, in most cases, the divorce is granted without needing a hearing.
No Fault Divorce Timeline
The No Fault Divorce timeline in the UK varies depending on the waiting periods introduced by the new law. According to the sources mentioned earlier, there is a compulsory wait of 20 weeks between when you petition for the divorce and when you will get granted a conditional divorce order. After that, there is a minimum of six weeks before finalizing the divorce, and the total waiting period is six to seven months.
How to Apply for No Fault Divorce
Here are the steps to apply for No Fault Divorce in the UK:
Meet the eligibility criteria
To get a no-fault divorce, you must meet certain conditions. You or your partner must reside in the UK for at least one year, and the marriage must have broken down irretrievably.
Complete the relevant forms
You can apply online for a no-fault divorce. You must complete the relevant forms, including a ‘statement of irretrievable breakdown.’ This statement declares that your marriage has broken down beyond repair.
Pay the fee
There is a fee for a no-fault divorce in the UK, and the fee is £593, which covers processing your application.
Wait for confirmation
After the application submission and paying the fee, you must wait for the court’s confirmation. The court will issue a provisional divorce order, which typically takes around six weeks.
Apply for the final divorce order
After a waiting period of 6 weeks and one day, you can apply for a conditional order, which finalizes the divorce. After granting the conditional order, you get legally divorced.
How can Divorce Solicitors help with No Fault Divorce?
Following are the ways Divorce solicitors can help with No Fault Divorce:
Filling out forms
Divorce solicitors can assist with filling out the relevant forms for a No Fault Divorce application, ensuring that all details are accurate and submitted on time.
Legal advice
Divorce solicitors provide legal advice on divorce’s implications, including financial settlements and arrangements for children. They can also advise on the rights and responsibilities of each party during and after the divorce proceedings.
Negotiating settlements
Divorce solicitors can help to negotiate financial settlements and arrangements for children between couples, ensuring that both parties receive a fair outcome.
Reduce stress
Divorce is a stressful and emotional experience. Solicitors can provide emotional support and reassurance during this difficult time and help alleviate the legal process’s stress.
Representing in court
Divorce solicitors can represent their clients in cases where a court appearance is necessary, providing expert legal representation.
How Osbourne Pinner Can Help You?
The No Fault Divorce law is a positive step towards making the divorce process less stressful and contentious for couples who have decided to end their marriage. It provides a friendlier approach to separation and eliminates the need for one party to take the blame for the relationship breakdown. With the support of experienced divorce solicitors, couples can easily navigate the process, ensuring a fair settlement for both parties.
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