No Fault Divorce to prevent January Blues

January is historically known for when most break-ups, divorces, separations and the dissolving of relationships are instigated, every year we read about it in the press but 2022 sees some light at the end of the dark divorce tunnel with the introduction of No Fault divorces.

Whether it’s a fresh start for a new year, not wanting to ruin the last family Christmas, or just time to call it quits, from April this year divorcing couples are at last able to end the blame game and can start that process now.

“No fault divorce has been called for by clients for many years, I have lost count of the times I have had to explain away the archaic divorce laws when I’ve been instructed by clients, “said divorce and family law solicitor Emma Kendall.

From spring couples whose marriage has simply run the test of time can seek a divorce without having to blame each other. Under the new laws couples can formalise the end of their marriage or civil partnership without blame or having to wait for 2 years or more from the date they separate.

“Some couples may think they have to wait until April to start this process but they can instruct much earlier than that as there are things we can start to take into account to smooth the process, these are such things as; financial provisions, claims against each other, child arrangements, pension sharing, property issues and maintenance, to name just a few,” said Emma Kendall

“Divorce proceedings are just part of a bigger picture and instructing a divorce solicitor and discussing things through can lead to an easier route for all involved.”

How long does it take to get a No Fault Divorce?

It is understood that under the new laws couples must wait for a minimum of 20 weeks between starting the divorce and applying for the Conditional Order (Decree Nisi).  They will then have a 6 week wait between the Conditional Order and the Final Order (Decree Absolute).  The new divorce could therefore still take a minimum 6 months and so by consulting a family solicitor at the earliest opportunity they can get things lined up.

As Emma said it’s not a case of waiting until April, the meetings and discussions with your solicitor can take place in the months leading up to it, you can plan ahead and get ahead so that when the divorce proceedings start you will be well on your way to achieving your final goals.

Once the Conditional Order is granted the financial settlement can then be converted into a legally binding Court Order and correspond with the conclusion of the divorce proceedings.

“The whole aim of the No Fault divorce is a clean, no nonsense sensible approach between two mature individuals whose aim is to formally and legally end their marriage without wasted recriminations and mounting legal costs,” added Emma.

And even if it is not for you yet just taking legal advice is often helpful and in many cases does not need to lead to immediate separation or divorce.

How can our family solicitors help?

If you are considering a No Fault divorce and wish to discuss how it will work? Call 0161 785 3500 or email family@pearsonlegal.co.uk to speak with one of our specialist divorce and family law solicitors.

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Please note that the information and opinions contained in this article are not intended to be comprehensive, nor to provide legal advice. No responsibility for its accuracy or correctness is assumed by Pearson Solicitors and Financial Advisers Ltd or any of its members or employees. Professional legal advice should be obtained before taking, or refraining from taking, any action as a result of this article.

This blog was posted some time ago and its contents may now be out of date. For the latest legal position relating to these issues, get in touch with the author - or make an enquiry now.