Should I wait for the No Fault Divorce?

On 6th April 2022, a new divorce law comes in. This new law will make it so that it will no longer be necessary to allege either unreasonable behaviour, adultery, or desertion, nor wait for 5 years of separation, or 2 years with consent in order to become divorced.

With this change comes many benefits, such as the lack of blame; the responsibility for relationship breakdown will not have to solely fall onto just one side. It is believed this will encourage a generally less hurtful and turbulent process, without finger pointing or blame games; both sides will move towards an outcome.

As opposed to having to wait either 5 years or 2 years of separation with consent for a ‘no fault’ divorce, the process will now take around 6 months, making this stressful period potentially come to an end far quicker and allowing you to move forward with your life post-divorce.

That being said, the process of a no fault divorce will take significantly longer than it potentially would with agreed allegations of adultery or unreasonable behaviour. This is because there is a 20 week window after applying, intended to give you time to consider the application and if divorce is the right step for you, your family, and your needs.

So, whilst you no longer have to wait for 5 years of separation or 2 years with consent, for a ‘no fault’ divorce, the process is still considerably longer than it might be, due to the 20 week waiting period.

Pending the change in the law, you may be asking yourself whether you should go ahead and divorce now, or wait until next April. Each person’s circumstances are unique, and you will each want to weigh up and decide what is most important to you. There may be legal and/or financial reasons why it may be best not to wait. Though, it should be noted that, even if you apply at the earliest date possible, if you are applying under the new law, your divorce will not be finalised until November 2022 at the earliest.

Whether you think that a no fault divorce may be the way forward for you or not, you do not have to make this decision alone. At Agasee Law we provide specialist family law legal advice and information to guide you each and every step of the way. We offer a free, confidential, initial consultation on a remote basis, so you have nothing to lose by getting in touch. If you would like to know more, please contact us by email at sybilla@agaseelaw.com or by telephone on 01702 932 619.