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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

'Fault' Divorce

9 replies

littlematchstickgirl · 03/01/2021 22:12

If we want our divorce to be completed quickly, I believe that one of us would have to petition the other for irreconcilable differences, etc, rather than wait 2 years for a 'no fault' divorce.

If one cites irreconcilable differences, would that disadvantage the other in any way at all? I have no idea (and no idea what any possible disadvantages could be).

Can anyone look up the reason(s) people get divorced?

We want to keep it amicable but i think it's also best to get it completed more quickly than waiting two years.

Any advice would be most welcome. Thank you.

OP posts:
Mollyboom · 03/01/2021 22:20

In reality you can just say that you have irreconcilable differences which make living together intolerable and provided the other party doesn't contest this then you will be granted a divorce. It will not effect the financial resolution at all. We are moving to a no fault divorce in this country, and not before time. The courts are not arbiters of moral behaviour and are only there to determine a fair division of assets and child welfare. As I say to people your spouse could have slept with your best friend- that will not effect the divorce outcome.

Loracina · 03/01/2021 22:49

It doesn't really matter... my soon to be EH is an emotional abuser but ended up citing unreasonable behaviour from my part as he had to put something on the form. It did hurt to read that but from talking to different solicitors it doesn't really matter.

What I did was, when I had to sign and confirm I also wanted a divorce, I put that I didn't agree to the reasons/"allegations" set out but that I wasn't going to contest it - if you Google this you should be able to see that it is fairly common.

PicaK · 04/01/2021 12:42

If one petitions and the other agrees it seems to go through. Agree the wording together. It doesn't have to be antagonistic or blaming. Do it online not paper.
Just be aware of the implications of getting the absolute.
If it's truly amicable get your ducks in a row with your finance split sorted, signed and ready to submit. Vague promises of x and y can quickly evaporate.

Arabella9 · 05/01/2021 13:08

Hello - take a look at this guide. It explains all about the no fault divorce and what you can do in the meantime (comes into effect in Autumn 2021).

Hope it helps! www.mediateuk.co.uk/an-ultimate-guide-to-the-no-fault-divorce-law/

littlematchstickgirl · 06/01/2021 05:58

Thank you all - sorry for delay in reply. I'm working long days at the moment and I'm shattered, with everything else going on too. I'll read that link tonight once I finish work.

Thank you for all your advice, really appreciated.

OP posts:
Sup1979 · 06/01/2021 06:04

We did a fault divorce

NO implications whatsoever other than able to sort more quickly

Ffsffsffsffsffs · 06/01/2021 06:27

The reasons for a 'fault' divorce are not published anywhere, so unless one of you brandished your own legal paperwork, nobody will find out. The legal record shows only the dates of nisi and absolute, possibly who the petitioner and respondent are.

The reasons can be quite vague - my exh really put the knife in (another sign of his abuse) but contesting a petition is both expensive and frequently futile.

Biggles001 · 07/01/2021 11:41

Other people have said it all already, but it makes no difference what is written. You can sign it and put a note saying you dont agree with the reasons if you so wish. My stbx did that, which really cut as I didnt lie or embellish the truth but he refuses to take any responsibility, but if it got things pushed through, so be it.

Phillipa12 · 07/01/2021 11:52

Myself and my exh wrote out the irreconcilable differences ourselves, he wasn't overly happy about some of the wording but it was true. We also wrote our own consent order once I knew all the financial side. Our divorce was very amicable, he just wanted out, the only thing that held everything up was the pension split.

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