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The Two Most Common Questions Asked About No-Fault Divorce - Jarmans Solicitors

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The Two Most Common Questions Asked About No-Fault Divorce

June 22, 2022 jarmans 0 Comments

The law has finally caught up with the times! No-fault divorce is being introduced on the 6th of April 2022 to allow couples to divorce amicably without unnecessary awkwardness or hostility in a traditional divorce.

A concern clients had in the past is that to divorce quickly, one party would need to cite the other party’s fault, either by using unreasonable behaviour or adultery as a basis for divorce.

If there were no fault, the parties would have to wait a minimum of two years to divorce with each other’s consent and five years without consent; causing issues when dealing with finances, etc., and preventing the parties from moving forward.

The no-fault divorce addresses these concerns and now allows couples to divorce amicably without waiting long periods of time. Here at Jarmans, we are excited about the launch of no-fault divorce in April and understand that many people have delayed their divorce for this reason. Below we answer two of the most asked questions regarding no-fault divorce. Click here for all you need to know about no-fault divorce.

How is property divided in a divorce?

Dealing with property division upon divorce can seem daunting and challenging. There is no black and white rule as to how property is divided upon divorce, since the Court have wide discretion and many clients are not aware of the rights they may have until they seek legal advice. For example, it is essential to understand the difference between matrimonial and non-matrimonial assets. Your financial needs will also play a key role in how assets are divided. The Court aims to achieve fairness for both parties, which will not always mean an equal division of assets, as often the housing needs will outweigh equality. It is crucial to seek legal advice to know which assets are included and what factors can be used to move away from an equal division. We take the time to explain the different factors to consider to our clients to make the best decisions for themselves moving forward. Please call and book an appointment to chat with us about a financial settlement.

Will there be an option to choose between the new no-fault divorce and the existing way to divorce?

In short, the answer is no.

No-fault divorce is being introduced to transform the existing process, and the changes are drastic, but for good reason. The current process is outdated and can take much longer, using more resources due to the necessity of blame. Without the need of having to provide one of the five reasons for divorce (adultery, unreasonable behaviour, desertion, living apart for at least two years and in the agreement or living apart for at least five years), people are less likely to stay in a marriage where they are unhappy. The process to dissolve the marriage will be a lot smoother.

Therefore, removing the blame and making the process easier will lead to a far more amicable divorce process that keeps conflict to a minimum with the parties involved.

Divorce Solicitor in Sittingbourne

For more information about no-fault divorce, do not hesitate to contact one of our excellent family solicitors today.

We offer a 45-minute pre-bookable breakfast or lunchtime meeting to discuss all your family needs. To book yours today, contact Angela Devlin on 01795 472291 or a.devlin@jarmans-solicitors.co.uk, and she will send you over a form to be filled out before your meeting. For more information, click here.

Alternatively, our family department offers family services for a £1200 + VAT fixed fee. Contact us today for more.

Learn more about the changes no-fault divorce will bring here

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