No-Fault Divorce Solicitors
As of 6 April 2022, divorce rules in England and Wales will be revamped to account for the introduction of ‘no-fault’ divorce. This is intended to simplify and modernise UK divorce proceedings, reducing any unnecessary conflict between couples who wish to separate amicably.
The introduction of no-fault divorce comes as a part of the Divorce, Dissolution and Separation Act 2020, which is the first major update to UK divorce law since 1973.
Under the new law, separating couples will no longer be required to rely on one of five ‘facts to prove the sole ground for divorce – the irretrievable breakdown of the relationship. While these will hopefully make the process of applying for a divorce more straightforward, it does not necessarily mean that divorce will be easy. Expert legal advice from experienced divorce solicitors will remain as important as ever.
At Tayntons, our divorce solicitors in Gloucester have years of experience in advising and supporting separating couples and will be on hand to support you with a no fault divorce as the legislation comes into effect.
We can provide clear, practical advice, carefully running you through all of your options and the steps that need to be taken to ensure that your divorce remains as straightforward as possible.
For initial advice and to discuss your legal options, we offer an initial consultation of up to 45 minutes for a fixed fee of £75 + VAT (£90.00).
Our no-fault divorce services
Using our substantial expertise in divorce matters, we will be able to advise you on the process of getting a no-fault divorce under the new rules, as well as how this may affect certain arrangements for your finances and child arrangements.
Making a divorce application
The new rules introduced from 6 April 2022 stipulate that couples will have the option to make a joint application for divorce. Prior to this, one spouse was required to make a sole application for divorce and subsequently ‘blame’ the divorce on their former partner. The new rules do still allow for someone to make an individual application if required.
Our no-fault divorce solicitors in Gloucester will work with you to help prepare the divorce application, ensuring that everything is completed accurately and efficiently. This will help to ensure that your divorce goes ahead swiftly and without any unwanted delays.
Making arrangements for finances and children
The changes to divorce rules do not have a direct effect on the general process of dividing finances or making arrangements for children. That being said, as no-fault divorce should, in theory, encourage a more amicable approach to divorce, it is hoped that this will help to reduce conflict during these types of arrangements.
Our no-fault divorce solicitors can assist with negotiating financial arrangements and arrangements for children, using our expertise in non-confrontational dispute resolution to give you the best possible chance of reaching a positive resolution.
Why choose Tayntons’ no-fault divorce solicitors?
Our no-fault divorce solicitors understand just how daunting and emotionally challenging it can be to go through a divorce. Even with the new rules in place, there will still be plenty of difficult decisions and arrangements which need to be made, which is where our expertise will be of use.
Our team are highly skilled in non-confrontational dispute resolution, which allows us to help resolve any potential issues without the need for the courts to intervene. This helps to keep All of our divorce solicitors are members of Resolution – an organisation committed to taking a non-confrontational approach to family law.
Our family law team is also Law Society accredited for Children Law, reflecting our particular expertise in legal matters involving children.
As a firm, Tayntons has been awarded the Law Society’s Lexcel accreditation reflecting the excellence of our practice management and client care.
Commonly asked questions about no-fault divorce
What is no-fault divorce?
To summarise, no-fault divorce will mean that neither spouse will be required to legally accept blame for the end of a marriage.
Prior to the change in divorce rules on 6 April 2022, anyone making an application for a divorce would need to state that their spouse was responsible for the irretrievable breakdown of the marriage. They would have to cite one or more accepted reasons for this:
- Unreasonable behaviour
- Desertion for at least 2 years
- Separation for at least 2 years with consent
- Separation for at least 5 years
The terms of the Divorce, Dissolution and Separation Act 2020 remove the need for someone to rely on these reasons. They can instead simply make a statement that the marriage has irretrievably broken down.
Why is no-fault divorce being introduced?
Divorce law has come under heavy scrutiny in previous years, with experts deeming it to be extremely outdated. The focus on fault and blame did not accurately reflect the true nature of many divorces.
The reasons required to prove the breakdown of the relationship were also scrutinised, as they often created unnecessary hostility. Not only this, but some of the reasons required couples to wait for an impractically long time before they could be used, making them redundant.
What will no-fault divorce change?
The terms of the Divorce, Dissolution and Separation Act 2020 will see a number of changes come into play. These include, but are not limited to:
- The removal of the five facts used to prove the breakdown of the marriage
- The removal of the need for fault or blame
- Introducing of joint divorce applications
- Preventing respondents from contesting the divorce application
- Updating the divorce language, for example:
- ‘Decree Nisi’ will change to ‘Conditional Order’
- ‘Decree Absolute’ will change to ‘Final Order’
- ‘Petitioner’ will change to ‘Applicant’
- Introducing a minimum of 20 weeks between the Application and the Conditional Order
Get in touch with our no-fault divorce solicitors in Gloucester
Looking for help with any aspect of no-fault divorce in Gloucester, Cheltenham, the Forest of Dean or anywhere in Gloucestershire?