Divorces can be complicated, especially when there are children involved. But with no-fault divorce, the process is much simpler and less confrontational than traditional divorces. So what exactly is a no-fault divorce? Let’s explore this option in more detail.
What is a No-Fault Divorce?
No-fault divorce is a type of divorce that does not require either party to prove that the other was at fault for the marriage ending. This means that neither partner has to prove that the other was unfaithful, abusive, or neglectful in order to obtain a divorce. In many cases, this makes it easier for both parties to agree on terms and move forward with their lives without any animosity or hurt feelings between them.
Advantages of No-Fault Divorce
The new divorce law simplifies the process of divorce and removes the option to contest the divorce. The main changes are detailed below:
– No need to declare who was at fault for the marriage ending
– An application for divorce can be made jointly or by a sole applicant
– Quick and amicable negotiations
– Eliminates lengthy legal proceedings
– Keeps couples civil towards one another
There is now a period of reflection – a minimum of 20 weeks – from when the application for divorce is made to when a Conditional Order can be made. This provides a period of reflection for the parties to consider their decision.
Do I need a Solicitor?
The answer to this question depends on your individual circumstances. If you have children or complex financial arrangements, it may be wise to seek advice from an experienced family law solicitor before proceeding with your divorce application. A good solicitor will be able to advise you on the best course of action for your particular situation.
How a lawyer will help with a no fault divorce
The role of the divorce lawyer hasn’t really changed, they still have a role in:
- Advising on how finances should be divided on divorce, including things like how the family home will be dealt with, how pensions and other savings and investments might be split and whether there is a requirement for maintenance payments.
- Preparing documents, for example, the consent order to create a legally binding financial agreement between the parties.
- Advising on entitlements and helping to negotiate. If no agreement can be reached, your solicitor will advise as to the merits of issuing court proceedings and will represent you within these proceedings.
- Implementing orders, whether by consent or decided by the court.
- Advising and supporting parents who are in dispute to reach arrangements about how they will care for their children.
- Preparing cases to be presented to the court and conducting the proceedings where disputes cannot be settled.
This isn’t an exhaustive list but illustrates that the divorce itself may only be a small part of the legal process of relationship breakdown.
On the other hand, if your circumstances are straightforward and you don’t have any major assets or financial ties with your spouse, then you may not need professional legal advice in order to complete your no-fault divorce application. In this case, it may be possible to handle the process yourself using an online service at www.gov.org.uk. This site provides all the information needed to apply for a no-fault divorce in England and Wales, but they should not be used if you have children or complex financial arrangements.
In conclusion, it is possible to complete the process of applying for a no-fault divorce without the help of an experienced family law solicitor, provided that there are no children involved and all financial matters are straightforward. However, if there are more complicated issues at play such as children or complex finances then it is recommended that professional legal advice is sought before proceeding with your application. Ultimately, it’s up to you whether you feel comfortable handling the process yourself or if you would rather seek professional assistance from an experienced family law solicitor. Whichever option you choose, make sure that all legal requirements are met before submitting your application so that everything runs smoothly and without issue!
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