What is a No-Fault Divorce?
A no-fault divorce, otherwise known as a no-blame divorce, is a much more straightforward and amicable approach to separation proceedings. Before the 6th April 2022, it was necessary to provide a concrete reason for the breakdown of a marriage or civil partnership by citing one of the following:
● Adultery
● Unreasonable behaviour
● Desertion by a party
● Two years separation with consent of the other party, or
● Five years separation without consent of the other party
This is now no longer a necessary contingent, and couples are able to file for a divorce or civil partnership dissolution without having to place blame on their former partner in order to prove that there has been an irretrievable breakdown of the union.
Applications can be started by either one person or the couple together. They do not need to provide a reason for the divorce other than a brief statement explaining that the marriage has broken down. The option to challenge the application is now also severely limited, as there is little to no opportunity to contest a statement of irreconcilable differences.
Does This Make the Divorce Process Simpler?
Ultimately: yes, the legal process is much easier if you opt to go through a no-fault divorce. The new law has several implications for separating couples, including:
● If both parties agree, they can submit a joint application which can help achieve an amicable separation.
● No blame is administered within the application.
● There’s no chance of any party contesting the divorce and thus taking the issue to court.
● Couples will now have to wait around six months for the divorce to finalise. The intended purpose of this time period is to let both parties reflect on the divorce and consider whether they truly wish to separate.
Whilst there are less responsibilities that come with a no-fault divorce, it’s still integral for separating couples to do the following:
● Divide their assets
● Make childcare arrangements and agree on an parenting plan
● Agree to any maintenance payments
How Can a Solicitor Help With a No-Fault Divorce?
Although no-fault divorce should make the process of separation much more straightforward in the long-run, it is nevertheless important to consult a legal professional who can take you through the proceedings with expert guidance. There are certain aspects of a divorce settlement that require specific legal advice, and would not be obvious to an individual going through the procedure for the first time. For instance, there is a risk that those applying for divorce may not be aware that just because a marriage has ended, it doesn’t mean that any financial obligations are automatically liquidated. These remain ongoing in spite of the divorce, and can only be severed through the granting of a clean break financial settlement order. For this reason, you should always employ the services of a solicitor that specialises in separation and divorce.
If you’re looking for an affordable and reliable divorce lawyer in Aberdeen, look no further than DJP Solicitors. We understand that, no matter how amicable, divorce can sometimes cause financial hardship. For this reason, our legal fees are highly competitive, and we can offer low-cost options for those that meet the legal criteria. Our team of experienced divorce lawyers will always handle your case with the utmost sensitivity and professionalism. For more information, please get in touch.
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