“While no-fault divorce rules have simplified the divorce process, they have confused matters as people attempt to do it themselves rather than get legal advice. Unfortunately I do have many clients who attempt to do it themselves and it causes delays and issues especially with financial matters.” – Harpreet Saund, Head of Family.
In April 2022, the UK divorce system underwent a major change. “No-fault” divorce was introduced, meaning you no longer need to blame your spouse or provide specific reasons for wanting a divorce. This article explains how divorce works in England and Wales under the new system.
Before the 2022 changes, getting a divorce in the UK was more complicated. You could only end your marriage if you proved “irretrievable breakdown”. To demonstrate this, you had to choose one of five specific reasons:
The biggest change introduced in 2022 is the removal of blame. You no longer need to provide specific reasons for wanting a divorce. Instead, you simply file a “Statement of Irretrievable Breakdown” to indicate that the marriage is over. This can be done by one spouse or jointly by both.
Another significant change is that your spouse can no longer contest the divorce. This reduces potential conflict and helps couples move towards a more amicable separation.
In the UK, there’s no such thing as automatic or “quickie” divorce, even if you’ve been separated for a long time. A formal divorce process is still required to legally dissolve the marriage. This misconception likely comes from the old system, where waiting periods were mandatory under certain circumstances.
Even with the simplified no-fault divorce, it’s highly advisable to get expert legal advice. A divorce solicitor will ensure you understand your rights, protect your interests, and help you navigate the process as smoothly as possible.
Divorce has significant financial consequences for both spouses. Understanding the basics of how assets and debts are typically divided can help protect your interests and ensure a fair outcome.
There’s no simple formula for dividing assets in a divorce. Factors like the length of the marriage, earning potential, individual needs, and contributions (financial and non-financial) all play a role.
Protecting Your Interests: The team at RLK Solicitors understands the complexities of divorce finances. We’ll fight to ensure you receive a fair settlement that protects your financial well-being.
Understanding Your Options: Our experienced solicitors will clearly explain different ways assets can be divided (e.g., selling the house, pension sharing, offsetting assets). We’ll help you choose the approach that best suits your situation.
Long-Term Planning: We take a holistic view of divorce settlements, considering both your immediate needs and long-term financial future. Our goal is to help you emerge from this process feeling secure and ready for the next chapter.
The experienced divorce team at RLK Solicitors understands the complexities of divorce and the importance of securing a fair outcome. Contact us today to learn how we can support you through this process and help you move towards a positive future.
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