No Fault Divorce

Divorce Lawyers in Guildford

No Fault Divorce - Law Ends "Blame Game"

No-fault divorce laws came into practice on the 6th April 2022, allowing those who wish to divorce do so without having to apportion blame.

The new no-fault divorce legislation was enacted after more than 30 years of campaigning by family law groups, including Resolution, the body of family lawyers. The reforms replaced the previous divorce laws, which had been in place for over 50 years.

No-fault Divorce: What Changed?

The landmark reforms mean that couples in a marriage or civil partnership, who wish to divorce, can now do so without having to assign blame.

Previously, the law required that anyone who wished to end a relationship had to make an accusation in their divorce petition. Partners had to be accused of;

  • Adultery.
  • Desertion.
  • Unreasonable behaviour.

Failing these accusations, couples had to spend at least two years apart, under a voluntary split, or five years if one of the partners objected to the separation.

The Divorce, Dissolution and Separation Act (2020) applies only to Applying to England and Wales as Scotland already has its own form of no-fault divorce law. Couples in Northern Ireland wishing to divorce are still subject to the previous legislation.

Why is No-Fault Divorce, “Better”?

The new no-fault divorce law was passed with the aim of reducing the “blame game” – Now neither partner is required to apportion blame or give a reason for the divorce.

For many years, family lawyers have claimed that having to apportion blame or wait at least two years before starting to “move on” made it hard for couples to agree on financial issues, assets, and arrangements for any dependents.

Other reasons behind the new no-fault divorce law include removing the problems of one partner “controlling” the process, a huge cause for concern in loveless and even abusive relationships.

The timescales involved in a no-fault divorce are now more realistic too, with a new 20-week period between the start of divorce proceedings and the application for a conditional order. On top of this there is a further six-week period before the divorce is finally granted.

Judges will still be involved in dispute resolution where children, and child maintenance, or the division of wealth and assets is required.

No Fault Divorce - Where to Start?

In the first instance, contact rhw’s family law team for a chat about your present situation and we can discuss the options open to you. Call our friendly team on 01483 302000 or email us – family@rhw.co.uk

Divorce

Experience Counts in Divorce Proceedings

The experience of rhw’s family law team from helping many clients over the years, has led to a deep inside knowledge of how the courts work, where the potential pitfalls lie and the best approach to the myriad amount of legal paperwork that divorce involves. They do the heavy lifting for you and avoid easily made mistakes.

We know that client service is extremely important to our clients, so it is therefore important to us! We are here to advise and assist you during this difficult time for you and your family. Communication and considered decision making is vital in allowing rhw to delivering the best service to you.

Who to speak to?

e-mail the team at family@rhw.co.uk or call rhw divorce solicitors in Guildford, Surrey on 01483 302000

Want to contact a member of the team directly? Elizabeth Leah, Richard Middlehurst, Serena Sandhu, Hannah Gibbons and Lauren Moir.

If you wish to arrange a meeting or a call back you can contact Michelle Davies or Tracey Dowling who work on the secretarial and support side of the team via email on family@rhw.co.uk or call 01483 302000

rhw offer a fixed fee first meeting (of up to an hour) of £150.00 plus VAT.

rhw’s £150 set fee (plus VAT) initial consultation meeting goes well beyond the norm. We take very detailed instructions about all aspects of your current situation and case and would provide a very thorough first advice. We want you to ask us questions and lose the uncertainty and fears about how to proceed.

What we discuss will provide the basis as to the options open to you, the probable final outcomes and the legal advice we provide.

We also give you a detailed and substantial written report laying out all of the information provided and the legal advice we have provided.  You will then have a full range of material on which to confidently base future decisions.

What a recent client says about rhw’s service and support:

“Thank you so very much for all your brilliant help with my situation. I am extremely grateful to you for all your work carried out on my behalf. I am in a good situation now because of what you have been able to achieve for me.  I know you will be going on to help others go through difficult times and I wish you every success.”

High Net Worth Divorce

Please see our separate guidance on this matter, read our article about high net worth divorce and the frequently asked questions about high net worth divorce or contact us today if you wish to discuss your matter with us.

Meet the Family Law Team

Michelle Davies

Michelle Davies

Legal Secretary
Richard Middlehurst

Richard Middlehurst

Associate Solicitor
Lauren Moir

Lauren Moir

Solicitor
Serena Sandhu

Serena Sandhu

Associate Solicitor
Hannah Gibbons

Hannah Gibbons

Trainee Solicitor
Relevant News