No Fault Divorce- Is it possible in England?
Is there such thing as a No Fault divorce in the UK?
Many are under the impression that a no fault divorce exists in England & Wales, however, this is not true.
Unfortunately, a no fault divorce or ‘irreconcilable differences’ as its also known is not yet available here in England.
To be granted a divorce in England & Wales you have to be able to prove that your marriage has broken down to the point of no return. This needs to be proven by choosing one of the 5 grounds for divorce: Unreasonable behaviour, Adultery, Desertion, 2 year separation with consent and 5 year separation.
The closest grounds for divorce would be 2-year separation with consent.
The fight for a no fault divorce has been around for many years now and many say that the introduction of this could be just around the corner. However, for now and the foreseeable future it is not yet possible.
What does a No Fault based Divorce actually mean?
A no fault based divorce is exactly what it says it is, you are able to get divorced without putting blame on either party.
Currently as previously mentioned you have to have been separated for 2 years before you can divorce using a similar ground.
Many have mixed views on wether a no fault divorce should be introduced so we have listed a few pros and cons below to show you a few different views.
Advantages of a No Fault Divorce.
- It allows you to divorce without putting blame on either party.
- You do not have to wait a whole 2 years to divorce if no party is at fault.
- Your relationship does not have to deteriorate further due to the blame being placed upon one person.
Disadvantages of a No Fault Divorce
- Many believe that making the divorce process easier could damage the sanctity of marriage.
- Couples could opt for a divorce at the first sign of trouble instead of working it out.
- If one spouse has committed adultery or unreasonable behaviour then the offending spouse could choose a no fault divorce and not be held accountable for their actions.
Divorce law is already such a complex matter; no divorce is the same and no ground for divorce is used in the same way.
This is why the matter of a no fault based divorce is ongoing as there are so many factors to take into consideration.
Although a no fault based divorce is not currently in place does not mean that there won’t ever be one- as soon as this becomes available we will be sure to let you know.
How can we help?
We are able to help you with your divorce proceedings whatever the grounds may be.
We are experts in helping people obtain a low-cost uncontested divorce, where both parties agree to the divorce or agree to not defend the proceedings.
If your divorce is a little more complex then don’t worry, we also deal with contested divorces. Call us today on 01793 384 032 for a free consultation.