A no fault divorce is a divorce where neither party is at fault. This is in contrast to a fault divorce, where one party is blamed for the breakdown of the marriage.
In the UK, there was no such thing as a no fault divorce, until now. The grounds for divorce were either fault-based or no fault-based. Fault-based grounds include adultery, desertion, and unreasonable behaviour. No fault-based grounds include separation for at least two years (with consent) or five years (without consent).
So, if you wanted to get divorced in the UK, you needed to prove that your marriage has irretrievably broken down. This was done by showing that your spouse has committed adultery, deserted you, or behaved in an unreasonable manner. Alternatively, you could show that you have been separated for at least two years (with your spouse’s consent) or five years (without your spouse’s consent).
This has now changed and a no fault divorce process is in place.
The old fault based divorce process was a long and complicated process that often resulted in a lengthy and costly court battle. This process was often unfair to both parties, as it allowed one party to file for divorce based on the other party’s alleged wrongdoing. This process was also often used to try to gain an advantage in property division and child custody battles. The old fault based divorce process was often stressful and emotionally draining for both parties involved.
No-fault divorce is a divorce in which neither party is held responsible for the breakdown of the marriage. This type of divorce is becoming more common, as it can be faster and less expensive than a traditional divorce. In a no-fault divorce, the court will typically grant the divorce without requiring either party to prove that the other party did anything wrong. This can be a good option for couples who have decided to end their marriage and do not want to go through the hassle of a traditional divorce.
There are a few ways to go about getting a no fault divorce. The first is to find a Solicitor that specializes in no fault divorces and file for divorce through them or you can file for divorce with the court’s yourself. Each methods has its own set of pros and cons, so it is important to research each option before deciding which one is right for you. We can do the complete divorce for you for a fixed fee and remove the hassle and stress away for you.
In conclusion, fault based divorces were a way in which you could prove that your spouse was at fault for a divorce. With the new no fault divorce process, you do not need show that your spouse was at fault for a divorce, even if it’s the case, but you could do if you wanted to.
If you need advice regarding a divorce, why not give us a call on 0161 637 8588 or contact us now via our family law home page.
