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Should I wait for the new no-fault divorce?

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No-fault divorce removes the need to blame a party or wait two years.

The no-fault divorce option will be available from April 2022. Although it feels as though we have been waiting for this change for many years, the question we are often asked is, “is it worth waiting for?”

The two most common facts used in divorce are unreasonable behaviour and two years separation (with consent). The no-fault divorce removes the need to blame a party’s behaviour causing the break down in marriage and the need to wait two years to be able to say to the Court that you both want a divorce.

It is very much hoped that by removing the need to blame a party, it will help both parties work together to bring a part of the life they had together to a close which will allow all members of the family to move forward. Nearly all clients that we deal with have that same end goal.

As the no-fault divorce is new, a lot of factors are still unknown however we do know:

  • The fee will not change from the current fee
  • The new divorce process will take a minimum of 6 months (without dealing with the finances)
  • A party cannot contest the divorce.

Comparing that to the current system, the fee will be the same, the timeline will be the same (if not longer) and it is very rare to see a contested divorce nowadays.

So, is it worth waiting for?  

The family law team at Biscoes can help you decide whether it is better to wait or better to get on the right pathway now to see you move forward.

Get in touch today to speak to one of our specialist solicitors to help you take the first step in reaching that end goal.

For more information and advice, contact the family team on info@biscoes-law.co.uk or 0800 413 463

Katie Hall

Solicitor