Once you have reached a decision to proceed with Divorce and Separation, it is time to receive professional support. We understand that this is a hard period emotionally and financially. Therefore, we are sharing some of the common questions we get asked by our clients.
On 6th April 2022, The No-Fault Divorce Law was introduced to England and Wales, with the 5 grounds for divorce being replaced by a single mechanism.
Find out more about No-Fault Divorce.
Keep reading to see the questions we get asked regularly.
What are the grounds for getting a divorce now?
As of the 6th April 2022, under the new no-fault divorce law, you no longer need to provide a reason or blame either party for the breakdown of your marriage.
The previous grounds for divorce were:
- Adultery
- Unreasonable Behaviour
- Desertion
- Living apart for more than 2 years (agreed upon)
- Living apart for more than 5 years (without agreement)
How long does it take to get a divorce?
Following the introduction of the new no-fault divorce law on the 6th April 2022, there is now a mandatory 20 week ‘cooling-off period’. Once this has been completed, a conditional order will then be issued which replaces the terminology decree nisi and you are then entitled to a divorce.
Most divorce proceedings take a minimum of 6 months, more complex settlements involving financial matters and children can take years. However, the new law should help with decreasing this time frame.
We are experts in expediting settlements quickly. You can find out more about how long the process takes here.
Will I have to go to court during divorce proceedings?
In most cases, divorce proceedings will not reach the court. Negotiation is the most effective way of settling a divorce, and child arrangements. Both parties can reach an agreement which will be approved by court – Called a Consent order, with no need for you to attend.
You can find out more about the process here.
What happens to my children?
Almost always, parents will agree on decisions regarding children, without the need to go to court. However, if there is a significant disagreement, we will provide you will appropriate advice and negotiations on how to proceed. This will reach a settlement with your ex, or, when that is not possible, the court will ultimately reach a decision.
The court will keep the best interest of the children in mind and decided which parent the child should live with.
A benefit of the new no-fault divorce law, there is no longer the need to blame either spouse for the breakdown of the marriage which should significantly help to reduce the emotional trauma for children during the process.
You can find out more about child arrangements on the Government website.
What counts as separation for divorce?
This usually means that the couple has been living apart from each other. It can be initiated by either part or be a mutual decision.
However, under the new no-fault divorce law, you will no longer have to prove separation in order to begin the divorced procedure you will just have to wait the initial ’20 weeks cooling off period’ and you will not need to prove you have been living apart for this time.
