How to get a no-fault divorce in the UK
Here at Quickie Divorce, we’re regularly asked when it will be possible to obtain a no-fault divorce. Our response is always the same: you can now.
Whilst the media have portrayed upcoming consultations as being arranged so that the government may consider introducing no-fault divorce, this is inaccurate. Rather, they will be discussing the prospect of removing fault from divorce proceedings altogether.
Currently, a couple can obtain a no-fault divorce in the UK if they have been separated for at least two years and both agree that it’s time their marriage came to an end. When a divorce is sought on this basis, there is no need to blame either party meaning that it is, to all extents and purposes, a no-fault divorce.
How two-year-separation differs to fault-based grounds
A divorce petition mentioning adultery or unreasonable behaviour must include details such as where and when adultery took place or precise details of poor conduct. In order for a divorce to remain straightforward, the accused spouse must agree that the information provided is accurate. Something which often causes problems.
With two-year-separation, far less information is required. The only piece of factual information that will be needed is the date on which the couple separated. This is, of course, significantly less likely to cause offence to the party receiving the application meaning that divorces using this ground usually proceed without much trouble.
All in all, when it’s possible to use two-year-separation, Quickie Divorce would strongly recommend that couples do. The only exception would be when the couple do not agree to the divorce or if they’ve been separated for five years or more as consent is no longer required and this provides the party that applies for the divorce with additional security.
How do you determine your date of separation?
Working out when they separated is often the biggest problem for couples that want to use non-fault-based reasons for their divorce. Fortunately, all the couple need to do is agree a date between them and can even, within reason, approximate. This leaves only one question: when are a couple actually living separately?
It may seem strange, but a couple are not necessarily still together if they live in the same house. Provided they sleep in separate bedrooms, prepare and eat their meals separately, avoid each other whenever possible etc. then they are, in legal terms separated.
Don’t forget to check if you can avoid court fees
If this article has persuaded you to file for divorce, you should check if you need to pay court fees here.
Then, once you’re ready to proceed, you can save even more money by utilising the services of the UK’s original and most trusted divorce provider, Quickie Divorce.