{"id":5361,"date":"2022-03-23T17:18:56","date_gmt":"2022-03-23T17:18:56","guid":{"rendered":"https:\/\/www.just-family-law.com\/blog\/?p=5361"},"modified":"2023-10-09T13:09:46","modified_gmt":"2023-10-09T13:09:46","slug":"nofaultdivorceyourquestionsanswered","status":"publish","type":"post","link":"https:\/\/www.just-family-law.com\/blog\/index.php\/2022\/03\/23\/nofaultdivorceyourquestionsanswered\/","title":{"rendered":"No Fault Divorce – Your Questions Answered"},"content":{"rendered":"

\"no<\/a><\/p>\n

A huge change is coming to divorce law on 6 April 2022 – no fault divorce. Should you start your divorce under the existing procedure or should you wait until the new regime? Make sure to seek advice from an experienced\u00a0family lawyer<\/a>.\u00a0<\/em><\/p>\n

\u00a0 \u00a0WHAT’S HAPPENING<\/strong><\/h5>\n

On 6 April<\/strong> the law on divorce changes. No longer will you need to rely on adultery or unreasonable behaviour or 2 years separation etc. Either – or both of you – can start the divorce on the basis that your marriage has irretrievably broken down.<\/p>\n

\u00a0 \u00a0I WANT TO\u00a0BLAME MY\u00a0WIFE<\/strong><\/h5>\n

If this is the case you’ll need to get your petition into the Court (either online or by post) by 4pm on 31 March.<\/p>\n

However please check with an experienced\u00a0family lawyer<\/a>.\u00a0<\/em>It’s\u00a0very unusual for bad behaviour to be crucial to a divorce, and it’s rarely relevant to financial settlements. Apportioning blame\u00a0can cause bad feeling. This is something you\u00a0might want to avoid – especially\u00a0if you need to make decisions together about\u00a0your children or your finances or your living arrangements.<\/p>\n

You may have\u00a0noticed there’s a gap between 31 March and 6 April. This is because the Court service will be updating with the new procedure. If you need to lodge a divorce during this period; eg to make an application to freeze your spouse’s assets, this\u00a0is possible\u00a0but\u00a0please\u00a0seek\u00a0legal advice.<\/p>\n

\u00a0 \u00a0WILL NO FAULT DIVORCE TAKE LONGER<\/strong><\/h5>\n

Possibly. After lodging your application you will have to wait 20 weeks before you can apply for the conditional order (formerly the decree nisi). This won’t bring your marriage to an end but it means you can apply for the final order after a further 6 weeks; ie a minimum of 26 weeks in total from start to end.\u00a0Often divorces take much longer as it’s wise to sort out the finances before<\/em> applying for the decree absolute (soon to be called the final order).<\/p>\n

The 20 week delay provides a cooling off period\u00a0and a\u00a0good opportunity to consider the following –<\/p>\n