The Empowering Effect of No Fault Divorce

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On the 6th of April 2022, the UK made the first change to its divorce laws in 50 years when it introduced no-fault divorce, bringing it in line with other countries, including the United States of America. 

No fault divorce Ipswich solicitors, and elsewhere around the UK, have seen this bring about a significant change. Many feel that the change may actually empower women by making the divorce process a lot more simple. In this article, we’ll be looking at what this new law is and what it may mean for both people getting a divorce.

What Is No Fault Divorce?

Under the new law brought in in April 2022, either spouse may now file for divorce without having to jump through the same kind of hoops that were previously a barrier. Before the new law, somebody wishing to file for divorce would need to demonstrate at least one of the following reasons: 

  1. Adultery
  2. Unreasonable behaviour
  3. Desertion
  4. Two years separation with consent
  5. Five years of separation without consent

This meant that, in many cases, a person unhappy in their marriage had to wait up to five years before legally divorcing from their spouse. The no-fault divorce removes the requirement to show any of these five reasons, thereby saving a considerable amount of time and money. 

Does No Fault Divorce Empower Women?

The new law may benefit women in a number of ways, including: 

Escaping an Abusive or Controlling Partner

Living with an abusive, manipulative, or controlling spouse can corrode somebody’s mental health. And can also make someone feel extremely vulnerable. 

The new law may help women by allowing them to quickly extricate themselves from the marriage without the burden of having to show evidence of adultery or other previous reasons. 

Improving Finances

Around 430,000 people in the UK suffer from a gambling addiction. And thousands more have a problem with alcohol or substance abuse. For addicts and their partners, this can have an extremely negative impact on their financial health. Previously, a woman or person with an addicted spouse may have had to wait up to five years to gain a divorce, whilst the ensuing debt could become insurmountable. 

The no-fault divorce law means that a woman or a person will potentially be able to limit the financial impact by gaining a divorce much more quickly. The no-fault divorce will also, generally, make the divorce process cheaper. This is because it takes less time and, therefore, racks up fewer solicitor’s fees. 

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Emotional Health

Even at the best of times, a divorce can be stressful and upsetting, particularly if children are involved. This can potentially drag on for years and really take its toll on a person’s emotional health. 

While a no-fault divorce may still involve stress, it will usually at least be quicker and, therefore, less impactful on emotional health. It’s thought that a no-fault divorce can cut the processing time for a divorce by as much as 50%. In some cases, reducing stress and emotional turmoil and allowing both spouses to move forward with their lives quicker.

What Concerns Are There About No-Fault Divorce?

There are, without a doubt, benefits for women and all people under the no-fault divorce, but the new law can also be a good thing for men. The points raised above may apply to either one of the divorcees.

However, for both parties, many feel there is a main downside to a no-fault divorce. This being that a spouse who committed adultery or abuse may not be held accountable for their actions. Those looking to get out of a toxic situation quickly may take this route over other divorce reasons. Meaning they may not be financially compensated.

This is very much balanced by the considerable benefits that a no-fault divorce can offer. Most people in the UK welcome the new legislation, brought about partly through campaigning by Baroness Hale as far back as 2014. 

Simplifying Your Separation…

There’s very little that can make a divorce more bearable, but the no-fault divorce law will at least speed up the process and minimise disputes by removing the blame game. While this is good news, it’s extremely important that you retain the services of a reputable divorce solicitor who will be able to help you to navigate the process and to make sure that the outcome of the divorce is fair. 

Please be advised that this article is for general informational purposes only and should not be used as a substitute for advice from a trained legal professional. Be sure to consult a lawyer/solicitor if you’re seeking advice on the law. We are not liable for risks or issues associated with using or acting upon the information on this site.

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