The advantages and disadvantages of no fault divorce

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Earlier this year, UK divorce law was reformed, introducing no fault divorce. Here we’ll explore what no fault divorce means, along with the advantages and disadvantages.

If you’ve decided to get divorced, you’re likely feeling tense and perhaps confused about the process and your options. Divorce laws were recently reformed in the UK and so it’s advisable to seek no fault divorce advice before you proceed.

In this article, we’re going to establish what the new no fault divorce law means, including what the advantages and disadvantages are.

No fault divorce law

No fault divorce was introduced in the UK on 6^th April 2022; with several key changes to divorce law it’s now easier to obtain a divorce. According to the old divorce law, couples needed to offer a reason for the breakdown of the relationship. Such reasons could include unreasonable behaviour, adultery, desertion, two years separation, or a five-year separation period if both parties did not agree.

When getting a no fault divorce, couples no longer need to explain why they are getting divorced, only confirm that the relationship has broken down. Previously, only one party could make the divorce application, but now couples are permitted to make a joint application if they wish.

What are the advantages of no fault divorce?

1. Quicker process

Prior to 6^th April, if one partner wanted a divorce and the other did not, the opposing partner had the option to contest the divorce. Contested divorces tend to be lengthy and complicated, meaning that the divorce process can take several years.

The new no fault divorce law has removed the option to contest and so individuals can now access quicker divorce processes, despite difficult partners and circumstances.

By accessing faster divorce procedures, all involved parties can start to move on, avoiding long periods of stress and tension for both themselves and any children involved.

2. Reduced conflict

Under the previous divorce law, divorcing parties needed to blame each other for the failings of the marriage. Assigning blame can sometimes give rise to unnecessarily conflict. In many circumstances, this new divorce process can help couples part ways on more amicable terms.

Reducing conflict is not just beneficial for the couple, but for any children involved. In many circumstances, divorce is mutually agreed upon, and so it can be easy for couples to lay blame to one side and make the application together.

With the potential for less conflict, coping with a divorce can be much easier for all parties.

3. Couples can apply together

Previously, only one member of the couple was permitted to instigate the divorce proceedings and apply for the divorce. Under the new no fault divorce law, couples can mutually agree that the marriage has failed and make this choice together.

Applying together means that couples do not have to decide that one person must take legal responsibility for the failing of the marriage. Taking responsibility can feel stressful and tense during an already difficult time, and under the new law, this is no longer necessary.

4. Reduced costs

Getting a divorce can often involve expensive legal fees, putting the divorcing couples under financial stress. The new divorce processes have the potential to be quicker and more convenient, and for many couples, this can reduce legal fees.

Naturally, couples will still need to negotiate their finances and child living arrangements, which can take some time depending on the situation. Luckily, modern divorce processes can be significantly faster with the support of a good divorce lawyer.

What are the disadvantages of no fault divorce?

1. Devalues the idea of marriage

Divorces are now more easily accessible than ever before, and some people feel that this somewhat devalues the concept of marriage. They feel that, if divorce options are so easy, fewer couples will try and work out their problems, and will give up when they face the first challenge.

Such views are more traditional, and it seems that a strong majority feel that our new divorce processes are more realistic and suitable for our current society and lifestyles.

2. Lack of accountability

While no fault divorce has benefits in certain circumstances, there have been criticisms of the new law. The biggest criticism is that the law allows for a lack of accountability.

There are many reasons couples get divorced and sadly, many couples get divorced due to unfaithfulness, mistreatment, or even abuse. Under these circumstances, it feels unjust that the divorce process does not formally hold the perpetrator responsible.

In instances of mistreatment and abuse, it is important that victims seek help from the authorities and their solicitors. In this way, the perpetrator can potentially be held accountable via our other legal systems, and the victim can get the support and safeguarding they need.

The advantages and disadvantages of no fault divorce

Thanks to the new no fault divorce law, divorces are more readily available in the UK and there are plenty of benefits. Accessing a no fault divorce means that you get a faster and more convenient divorce, with potentially reduced fees and without having to blame your partner. Removing blame and allowing for joint applications will result in less conflict and stress for many couples and their children.

Though no fault divorce has many benefits, some people feel that easy divorce routes may be a bad thing, devaluing the idea of a long-lasting relationship. No fault divorce also removes accountability in situations where many individuals should be held accountable for wrongdoing and causing harm.

If you would like to get divorced, it is important that you get in contact with a divorce solicitor to guide you through the process and ensure that your rights are protected.