No fault divorce laws

Family Law Solicitor Harjit Rait explains more on the no fault divorce laws which have come into place.

What are no fault divorces?

A no fault divorce is a more amicable way of divorcing without assigning blame.

When do they come in?

6^th April 2022.

How do you apply for one?

Couples can sign a joint application citing irreconcilable differences via the Government website. This application proves that the marriage or civil partnership has irretrievably broken down without having to prove adultery, unreasonable behaviour or desertion or having to prove they had already been separated for two years or lived apart for five years.

What if both people don’t agree to a divorce?

One person can still file a sole application. If the other party disagrees, they will not be able to defend the divorce, dissolution, or separation. So, if one person has decided that they wish to divorce, in most cases their partner can’t contest it. Legal challenges will still be possible though, where there is lack of jurisdiction, invalidity of the marriage or coercion.

How quick are they?

There will be a minimum of 20 weeks between applying for a no fault divorce and a conditional order being made. This is the halfway stage of the process, and it has been designed to give people a chance to reflect on their choice. There will then be a six-week period between the conditional order and when the final order is made, and the marriage is officially dissolved.

What do they cost?

People can access the Government website if they wish to deal with the divorce themselves and there is a court fee of £593. Lower income families may qualify for a reduced or waived fee. Alternatively,

LCF Law can deal with the application and process it to ensure the documents are correctly drafted and timescales complied with for a fixed fee.

What can we do to help you?

LCF Law offers a collaborative approach to divorce, which means clients can avoid going to court, in the majority of cases.

To find out more contact Harjit Rait on 01274 386 598 or at ku.oc1714179067.fcl@1714179067tiarh1714179067

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