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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.

Please can someone explain no fault divorce vs divorce due to unreasonable behaviour?

14 replies

MoonlightTree · 27/01/2025 16:45

Please can someone explain what impact a divorce due to unreasonable behaviour will have?

What is a no fault divorce?

I plan to divorce my husband due to unreasonable behaviour (emotional abuse/verbal abuse/threats to harm me/coercion)

Will this mean we will have to attend court? What do all the reasons for divorce mean and what impact do they all have financially?

Ideally I want a quiet divorce as quickly as possible. Thanks.

OP posts:
BooksAndHooks · 27/01/2025 16:47

All divorce is no fault now.

MoonlightTree · 27/01/2025 16:53

BooksAndHooks · 27/01/2025 16:47

All divorce is no fault now.

Oh I didn’t know that? Thanks. Ideally I want it to be as painless and drama free as possible. Despite his behaviour I am hoping we can eventually co-parent together and remain amiable when the dust settles.

OP posts:
millymollymoomoo · 27/01/2025 19:10

Even if adultery or unreasonable behaviour it would have had zero impact to financial settlement

Collette78 · 27/01/2025 19:14

They are all no fault now. It really makes little different what each others reasons are anyway.

Just be as cordial as possible and try to park your feelings as much as you can so you get an amicable outcome as painlessly as possible.

MoonlightTree · 27/01/2025 19:46

Collette78 · 27/01/2025 19:14

They are all no fault now. It really makes little different what each others reasons are anyway.

Just be as cordial as possible and try to park your feelings as much as you can so you get an amicable outcome as painlessly as possible.

Edited

That’s all I want really. A clean break and for us to remain amicable for our children’s sake. The children are close to him and due to their ages we will still need to communicate about certain aspects of their lives like school or activities etc.

OP posts:
Collette78 · 27/01/2025 19:47

MoonlightTree · 27/01/2025 19:46

That’s all I want really. A clean break and for us to remain amicable for our children’s sake. The children are close to him and due to their ages we will still need to communicate about certain aspects of their lives like school or activities etc.

Absolutely … you’ll get there 😊
Divorce is tough even if it is the best decision for you both … the easier you can make it the better xx

brummumma · 27/01/2025 19:50

I'd have loved to have put down unreasonable behaviour but when you complete the online forms it's no fault or nothing - it's a shame really as I think you should be able to have it recorded somewhere what a shit your ex was and that was why you were divorcing. Let's be honest divorce is 9/10 not no fault. To say it's no fault diminishes what someone might have gone through in a marriage and absolves the other party of any blame

millymollymoomoo · 27/01/2025 20:38

Fault is subjective and often not clear cut

Ryan777 · 01/04/2025 18:00

This reply has been deleted

This has been deleted by MNHQ for breaking our Talk Guidelines.

Theunamedcat · 01/04/2025 18:04

I wish no fault was around when I applied but maybe it's good that it wasn't because memorialised somewhere is his answer to my divorce petition one of my reasons was the fact that he was engaged to be married to someone else his reply? He didn't consider that a good enough reason for divorce......classic ex 😁

UnemployedNotRetired · 02/04/2025 15:37

To be fair, it only changed in April 2022. So anything written before that point will talk about 'grounds' and unreasonable behaviour was one such ground.

SpoonyMaker · 20/11/2025 05:11

MoonlightTree · 27/01/2025 16:45

Please can someone explain what impact a divorce due to unreasonable behaviour will have?

What is a no fault divorce?

I plan to divorce my husband due to unreasonable behaviour (emotional abuse/verbal abuse/threats to harm me/coercion)

Will this mean we will have to attend court? What do all the reasons for divorce mean and what impact do they all have financially?

Ideally I want a quiet divorce as quickly as possible. Thanks.

No-fault divorce is the system that came in with the new law in 2022. It means you no longer have to prove any wrongdoing or list examples of unreasonable behaviour. You simply state that the marriage has broken down irretrievably, and that’s enough. Most people now choose this route because it’s simpler, less confrontational, and avoids blaming one person.

A divorce based on unreasonable behaviour used to be one of the old “fault-based” grounds. You had to give examples of the behaviour, but even then it didn’t usually affect finances or child arrangements. The financial settlement is based on need, assets, income and the welfare of children—not the reason for divorce.

Under the no-fault system you generally don’t go to court unless there’s a dispute about finances or children. The divorce process itself is almost always done online and is purely administrative.

In your situation, you don’t need to use unreasonable behaviour unless there’s a specific strategic reason (rare). You can still mention the abuse in any safeguarding context, but the divorce itself can be no-fault and much calmer, which sounds like what you want.

If you need to address the abuse, that’s done through other routes (non-molestation orders, child arrangements, etc.), not the divorce application.

A no-fault divorce is usually the quickest and most straightforward way to proceed.

SpoonyMaker · 21/11/2025 02:52

MoonlightTree · 27/01/2025 16:45

Please can someone explain what impact a divorce due to unreasonable behaviour will have?

What is a no fault divorce?

I plan to divorce my husband due to unreasonable behaviour (emotional abuse/verbal abuse/threats to harm me/coercion)

Will this mean we will have to attend court? What do all the reasons for divorce mean and what impact do they all have financially?

Ideally I want a quiet divorce as quickly as possible. Thanks.

No-fault divorce simply means you don’t have to blame either partner — you just confirm the marriage has broken down. “Unreasonable behaviour” is still allowed, but since the new no-fault system came in, it usually doesn’t change finances or outcomes. Most cases don’t go to court unless there’s a dispute over kids or money. If you want things quiet and quick, a no-fault route is typically the simplest.

Userxyd · 21/11/2025 05:06

They don’t ask the reasons for divorce anymore - England. Just stay kind to each other and prepare for him to be manipulative emotionally- poor me, why are you doing this etc. stay strong and keep going. The reasons are long established by this point, best avoid those finger pointing debates/arguments. Just be kind and supportive to him (to help get it all done) as he will try all sorts to distract and derail you. Be strong but fair to you both financially too and just get it done. Get the application in quick cos there’s a requirement of 20 weeks cooling off to agree finances etc. while thing prob takes 10-12 months if amicable and no hold ups.

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