You may or may not have heard, there is a new type of divorce option coming in on 6th April 2022. It is the ‘no fault’ divorce. Essentially all divorce applications will become ‘no fault’ after this date, so there will no ‘2 year separation, adultery, desertion or unreasonable behaviour ‘ options.
This new Law was brought in to take away the blame for divorce which often leads to increased acrimony between the parties.
No Fault Divorce
Instead of having to prove 5 facts , you will now have to write a statement to explain why the marriage has irretrievably broken down. You have the option of providing a joint application. If your ex doesn’t agree, they no longer have the option to contest it – essentially because you can’t force someone to stay married to you if they don’t want to be.
There will no longer be a ‘Decree Nisi’ or ‘Decree Absolute’ , instead there will be a minimum period of 20 weeks from the application to the ‘Conditional Order’ and then a further 6 weeks until the ‘Final Order’.
Pro’s and Cons
So, should you apply now, or wait? That is very much a personal decision, but you might want to consider these things:
- Cost – the application cost is likely to increase as court fees tens to do after April but your overall legal costs for divorce may be cheaper if there is no dispute about the divorce. Hopefully the divorce aspect of your separation will be relatively straight forward. https://www.gov.uk/government/news/new-divorce-laws-will-come-into-force-from-6-april-2022
- Some people like to validate their experience by listing the 5 reasons of unreasonable behaviour in the divorce petition. However, you also have to consider is this going to trigger an escalation of abuse from your ex when they read this, will they take any notice of it and actually do you even need their validation?? Why not avoid the risk and wait till the ‘no fault’ option? Don’t give your ex any excuse to deny, minimise or threaten you because you have said something they don’t want to hear.
- Whatever option you choose it is unlikely to affect the financial proceedings or children’s proceedings
- It doesn’t say the reason for divorce on your final papers whether you divorce now or wait
- If you are worried your ex may contest the divorce it is probably best to wait for the ‘no fault’ option
- Remember to consider your safety. If you are worried about your spouse’s reaction to being served divorce papers, make sure you have a plan in place. Where will you be when they receive the papers? Do they know it’s coming? Do you know what to do if they react badly? Where will you stay until the divorce process is concluded?
Think about which opton feels right for you – whether you choose to divorce now or wait ,you will still have to figure out how to divide your assets, separate your finances and work out how to parent the children between you.
Divorce isn’t easy, nobody ever comes to the decision to divorce easily. If you need emotional support and/or guidance about divorcing a controlling/abusive partner, get in touch.
