The United Kingdom government introduced a new law regarding divorce known as the no-fault divorce in April 2022. It allowed couples to seek divorce without needing to prove that one party committed a specific fault in the relationship that warranted a divorce. As a result, married couples in England and Wales could have amicable divorces, which could potentially make parenting their children easier than otherwise despite their separation. While this law is not the first time it has been adopted and implemented in Europe, it is still a rarity among European and other countries. Therefore, this article provides a quick overview of divorce with no fault vs. divorce in other jurisdictions in Europe.
This way, you can learn more about what grounds you can seek divorce if you need to. While this article is a basic guide, it’s important to remember to seek counsel from a team of UK family solicitors to get appropriate guidance on your specific divorce case, as such processes can be complex, and your personal and financial future can be affected significantly.
No-Fault Divorce and Divorce in Other Parts of Europe
No-fault divorce in the UK has made the process of getting a divorce relatively less complicated because one party does not have to prove to the court that the other did something that was damaging to the relationship. What this also means is that couples can jointly file for divorce, and a spouse cannot contest a divorce. Thus, you cannot be forced to court for a divorce contestation.
As mentioned above, this type of divorce is not unique to the UK. France has had no-fault divorce as part of its law since 1975, allowing spouses to divorce without needing to make allegations. However, spouses could and can still make allegations against their partner during divorce, which can affect the financial benefits for the victim.
Other countries in Europe did not have no-fault divorce at the time this article was written and published. What that means is that spouses must make legitimate allegations against their partners to seek divorce. Their case for divorce may be denied if the accused partner contests the divorce and proves that they did not perform any actions that could be considered harmful to the relationship. What this means is that it can be harder for people to get out of failing marriages if they do not have the necessary evidence to prove their partners’ fault and if the partner does not also want a divorce.
Final Thoughts
Even though divorce with no fault in the UK has made it possible for people in marriages to leave their relationship without the worry of being contested, there are various aspects, such as child custody, the distribution of assets, and more, that go into a divorce. That is why you should also navigate through this process with a legal representative.
