We find out how divorce laws are changing to better suit modern couples and families.
In an interview with Kerry Rowell from Rogers & Norton Solicitors in Norwich, we learn everything you need to know about no-fault divorce.
Q1: What is no-fault divorce?
A: No-fault divorce is an update to matrimonial law that enables spouses to separate without needing to provide grounds other than an irretrievable breakdown of the marriage. It’s an attempt to modernise divorce laws to reduce conflict and better suit the needs of modern relationships.
Q2: When will no-fault divorce be introduced?
A: No-fault divorce will be introduced on April 6, 2022.
Q3: How does no-fault divorce differ from traditional matrimonial law?
A: Previously, there have been five grounds for divorce:
- Unreasonable behaviour – such as substance abuse or violence
- Adultery
- Desertion
- Separation for two years with consent
- Separation for five years without consent
The person filing for divorce must prove their spouse has committed one of the above. If not, the divorce may not be granted.
No-fault divorce, however, will now enable couples to apply for divorce, claiming irretrievable breakdown of the marriage, without needing to provide further detail. Spouses also can no longer contest an application for divorce.
Q4: Why is no-fault divorce being introduced?
A: The 2018 Owens vs. Owens divorce case showed the need for government to review matrimonial laws. When petitioning for divorce in 2015, Mrs Owens was denied, due to the court being unconvinced by her evidence of Mr Owen’s unreasonable behaviour. Despite appealing the decision, the case was dismissed, and Mrs Owens had to wait five years for her divorce to go through.
It showed how the legal process only encourages acrimony and could trap spouses within loveless marriages if the grounds for divorce are originally unaccepted.
With women today possessing social and financial independence and men sharing equal responsibility for childcare, divorce doesn’t pose the same challenges as 50 years ago. It made sense to update divorce laws to reflect the times we live in.
Q5: How can you apply for no-fault divorce?
A: You can apply for n,o-fault divorce independently, or submit a joint application. You must be married for a year before applying.
Q6: What are the benefits of no-fault divorce?
A: It will streamline the divorce process, reduce conflict and enable couples to move through their divorce more amicably. Spouses can jointly apply for no-fault divorce, so we can offer advice to both parties, as long as they are prepared to receive open advice, which may be both advantageous or detrimental to them. It may also help save time, money and stress.
As couples will no longer need to provide grounds for divorce, besides the breakdown of the marriage, they can focus on the more important issues such as agreeing on childcare, dividing their assets and making decisions that will allow them to move forward.
Q7: How long will a no-fault divorce take to process?
A: Altogether, the no-fault divorce process will take around six months to complete. After submitting your application, your spouse will have 14 days to acknowledge it. You’ll then wait 20 weeks for the decree nisi (conditional order) to be granted. Each spouse will then have a six-week cooling-off period before being awarded a final order. This is the legal document to confirm your marriage has officially ended.
Q8: How much will a no-fault divorce cost?
A: My advice to anyone considering divorce is not to be intimidated by the cost. You can book an hour-long initial consultation with one of our experienced family solicitors to discuss your case and the costs involved. We offer a reduced fee for your first appointment. This way there are no surprises and we can consider your budget, tailoring the services we provide to what you can afford.
Q9: Should you seek legal advice before getting a divorce?
A: Absolutely. Getting divorced is an emotional time, even if the split is amicable. Having someone to provide guidance and remain objective can be a much-needed source of support. Even if you’re only considering divorce and are not yet ready to make a final decision, by understanding what lies ahead, you can realise what’s best for you and your family.
Q10: How can Rogers & Norton Solicitors help those applying for no-fault divorce?
A: We specialise in family law, and can provide effective, bespoke legal advice to help you make an informed decision. Our array of legal expertise allows us to practically and sensitively deal with any issues that may arise from the breakdown of a relationship, including resolving financial, childcare and cohabitation disputes.
We’ve helped many divorced couples reach a point where they are both ready to take their next individual steps and begin focusing on the future.
Rogers & Norton Solicitors have offices in Norwich and Attleborough.
To discover how they can help you, contact Kerry on 01603 675666 or email kr@rogers-norton.co.uk.
Visit rogers-norton.co.uk/personal-services/family-law-solicitors for more information.
Comments: Our rules
We want our comments to be a lively and valuable part of our community - a place where readers can debate and engage with the most important local issues. The ability to comment on our stories is a privilege, not a right, however, and that privilege may be withdrawn if it is abused or misused.
Please report any comments that break our rules.
Read the rules here