A divorce can be one of the most stressful situations that you find yourself in during your adult life. Fortunately since April 2022 much change has been implemented to make the process easier for everyone. This change has been welcomed by divorce solicitors in Guildford and clients alike. The previous system meant that many people were scared to begin the divorce process and remained in unhappy, unhealthy marriages which had a detrimental impact on not only their own lives, but the lives of those around them.
For many decades, to get a divorce you had to satisfy the court that there had been an irretrievable breakdown of your marriage. For your application to be taken into consideration it had to be supported by one of five facts. The first two facts were adultery or unreasonable behaviour and if you could satisfy the court that this was the case then you could bring your divorce petition immediately. If you could not prove one of these two facts then you would have to wait at least two years and apply for a divorce based on either desertion or two years separation as long as you had your partner’s consent. However if none of these were available for you, you would have to wait for 5 years. Many people were prevented from a divorce for a full 5 years after their separation which often had a serious detrimental impact on everyone involved. Proving to a court that your partner has been guilty of adultery or unreasonable behaviour is very difficult in most cases and makes the situation much more difficult.
Advantages of the new system
Since the introduction of a no fault divorce in April 2022, you still have to satisfy the court that your marriage has irretrievably broken down, but you do not have to support your application with one of the five facts. It is common for a couple not to want to blame each other to help avoid conflict between families and for the sake of their children. Many people find that their marriage has simply run its course. If so you are able to bring an application jointly or if you wish one of you can apply for the divorce. This can be carried out online to make the process easier for all. A no fault divorce with the help of your divorce solicitors will help you deal with the separation and proceedings in a civilised way and there is no need for blaming one another or making allegations against each other. This is a significant benefit of the new no fault divorce system. Although the process is now much easier it is not necessarily quicker, however, it should not take much longer either. Speak to your divorce solicitors if you are thinking of applying for a divorce or if you feel that your marriage has become difficult and let them help you ease the process so that it will have minimal impact on your children and the rest of your family. With their knowledge and experience divorce solicitors will help you achieve a positive outcome for all.