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Read more articles in: News, Stuart Daniel

The impact of No-Fault divorce

When the new ‘no-fault’ divorce rules were proposed there were fears that they would lead to a huge rise in cases.

Now, several months since their introduction, the first indications of their impact on divorces have been revealed.

According to the latest data from HM Courts & Tribunals Service, almost 13,000 applications were filed in April.

Of these, nearly a fifth were made jointly by couples, following changes in the rules that permitted joint applications for the first time.

Oddly enough, the number of applications in April after the new rules were enforced is similar to the number of divorces launched in March.

According to speculation from some family lawyers, this may be the result of couples already near agreement trying to get cases sorted and financial settlements underway before the rule change complicated matters for them.

However, when compared to previous years, there is an obvious jump in divorce applications. In February this year, 9,400 cases were filed, while in April 2021 only 8,700 applications were made.

“These figures reflect the ‘bulge’ we expected as the new law came into effect,” according to  Law Society Vice President, Lubna Shuja.

“By not having to prove a fault-based fact against their ex-partner, separating couples and their children will not have to suffer unnecessary conflict and anxiety.”

Stuart Daniel, a Senior Associate and family law expert with Mander Hadley, said: “There is no doubt that removing the need to apportion fault will make the divorce process less confrontational.

“Few people would argue that this is a more modern and indeed mature way of dealing with the breakdown of a relationship as, in the past, pointing the finger of blame often caused more harm than the divorce itself.

“Divorcing couples are now, quite rightly, able to spend more time focusing on the future, such as the wellbeing of their children and how finances can be split.”

At Mander Hadley, we offer competitive prices to assist you in divorce proceedings and ensure that matters progress as smoothly as possible.

Our Family Law experts can guide you through the process and provide cost-effective solutions to keep matters progressing.

Additionally, to help you understand how the new no fault divorce proceedings may affect you, Stuart Daniel has recently recorded a podcast on the topic, which is available to listen to here.

To find out more about our family law services, including separation and divorce, please contact us.

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